G u a t e m a l a

2. SPECIFIC PRESS LAWS

The specific law that regulates the press is the Law of Expression of Thought, of constitutional rank. It was approved by Decree Number 9 of the Constitutional Assembly of the Republic and sanctioned on April 28, 1966 with constitutional rank.

Article 1: ?The expression of thought in any form is free, and neither surety, caution nor prior censorship shall be required under any circumstance.?2

Article 2: ?Expression of thought is considered printed by means of press, lithography, photography, mimeograph, multigraph, phonograph and any other mechanical process currently in use or which may be utilized in the future for the reproduction of ideas.

?For purposes of this law, when directed to the public printed materials are equated to any other format of representation of ideas such as prints, photographs, etchings, emblems, diplomas, medals, records, tapes or phone wire, be they fixed on paper, cloth or any other type of material.?3

?A poster is a print intended to be affixed in public places.?4

Article 8: ?The author and editor of clandestine publications are jointly liable and are subject to a punishment of up to two months of minor incarceration, commuted in the form and amount prescribed by the Penal Code, without prejudice of any legal responsibility due to the content of the publication. The punishment for clandestine publishing shall be imposed by a Justice of the Peace.?5

Article 10: ?Every writing must bear the signature of its author, who shall be personally responsible for the publication. The director or editor must demand that the signature of the responsible party be known, since in his absence responsibility shall be theirs. The same shall occur with writings under assumed names, or those whose author is legally incompetent, but only if they cannot prove that the responsibility falls on a third party.?6

Article 11: ?With respect to acts arising from this law, the representation of advertising entities in front of the courts and administrative authorities shall be the responsibility of the director, the chief editor or the legal representative of the respective entity.?7

Article 13: ?In order to safeguard the right to freedom of expression of thought through any means of communication it is forbidden to decree the unavailability of paper intended for the press; limit the importation of any machinery, implements and materials for the expression of thought, or to deny the licenses which permit the operation in the country of businesses and organizations for these purposes.?8

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