 |
 |
 |
 |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
 |
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
 |
 |
 |
|
 |
|
||||
|
B r a z i l 17. REGULATION
OF OWNERSHIP AND REGISTRATION REQUIREMENTS OF PUBLICATIONS Article 8 of the Press Law of 1967 states, Subject to registration
in the relevant files of the Civil Registry of Juridical Persons
are: I. newspapers and
all other periodical publications; II. publishing houses
of any kind belonging to individuals or juridical persons; III. broadcast companies
that provide services of news and current affairs, commentaries,
debates and interviews; IV. distribution companies.
Article 9: The request for registration shall contain the information
and be submitted with the following documents: I. in the case of
newspapers or other periodical publications; a) the name of the newspaper or periodical publication, address
of the editorial, administration and print plant, making it clear
regarding these whether they are owned by the applicant or belong
to third parties and indicating, in the latter case, the names of
the respective owners. b) the name, age, home address and proof of nationality of
the editor or managing editor; c) the name, age, home address and proof of nationality of
the owner; d) if the owner is a corporation, one copy of the respective
articles of incorporation and name, age, home address and proof
of nationality of the directors, managers and shareholders of the
owner corporation; II. in the case of publishing
houses: a) the name, nationality, age and home address of the manager
and owner, if an individual; b) location, street address and name of building housing the
administration offices; name, age, home address and proof of nationality
of the editor responsible for services of news, features, opinion
pieces and interviews; c) one copy of the articles of incorporation if the owner is
a corporation. III. in the case of broadcast
companies: a) station call sign, location of administration and of the
studios; IV. in the case of news
agencies: Sole paragraph: Any changes to these statements or documents
shall be registered within 8 (eight days). Article 10: Failure to register the statements required under
the foregoing Article or registration of a change shall be punishable
with a fine of the equivalent of one half to two local minimum salaries. §1. The ruling imposing the fine shall set the time, no less
than 20 days, for registration of the statements or any change thereto. §2. The fine shall levied by court order and if not paid by
the due date the Public Ministry shall proceed to enforce payment. §3. If the registration or change are not effected in the time
mentioned in § 1 of this Article, the judge may impose a new fine,
increasing it by 50% (fifty per cent) each time the deadline set
in the ruling is passed by 10 days. Article 11: Any newspaper or periodical publication that is
not registered under terms of Article 9 or in whose registration
there do not appear the name and details of the editor or managing
editor and owner shall be considered to be clandestine. Article 3 of Decree Nș 83,284 of 1979 on the Profession of
Journalism stipulates that Considered to be a media company for
the purposes of this decree is one that engages in publishing a
newspaper or magazine or distributing news with an effective operation,
financial soundness and legal registration. §1. Equivalent to a media company shall be the section or service
of a radio, television or film company or advertising or news agency
in which the activities mentioned in Article 20 are carried out.
Article 9: Registration of the directors of media companies
who although not journalists are involved in their respective publications
shall be made with the Ministry of Labor, for which purpose the
following documents must be submitted: I. proof of Brazilian
citizenship; II. proof of not
having been charged with or sentenced for any unlawful act under
criminal law; III. proof of civil or
commercial registration of the media company, with its articles
of incorporation in full; IV. proof of deposit of
the name of the publication or news agency with the appropriate
department of the Ministry of Industry and Commerce; V. 30 copies of the newspaper,
or 12 copies of the magazine, or 30 cuttings or copies of the news
dispatch, of different dates of issue; §1. In the case of a new company, the Ministry of Labor shall
make provisional registration, valid for 2 years, which shall become
permanent upon compliance with the requirement in item V of this
Article; §2. There shall be no renewal or extension of the provisional
registration mentioned in the foregoing paragraph. Article 10: Registration or special registration of the director
of a non-media company responsible for a publication for internal
or external circulation shall be made at the Ministry of Labor,
for which purpose the following will be required to be submitted: I. proof of Brazilian
citizenship; II. proof of not having
been charged with or sentenced for any unlawful act under criminal
law; III. proof of deposit
of the name of the publication at the appropriate department of
the Ministry of Industry and Commerce.
|
questions
or comments? | |
