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©fficial <Sa3ette of tbe Government of Iftalestme PUBLISHED BY AUTHORITY JERUSALEM GAZETTE EXTRAORDINARY 46th August, 1932 CONTENTS Page ־ Press Bill, 1932 - - - - - 662 662 OFFICIAL GAZETTE 16th August, 1932 NOTICE The following DRAFT ORDINANCE is made public prior to enactment in accordance with Article (17) (1) (d) of the Palestine Order-in-Council, 1922, as amended by Article 3 of the Palestine (Amendment) Order-in-Council, 1923. S. PEROWNE 16th August, 1932. Acting Clerk to the Advisory Council DRAFT AN ORDINANCE TO AMEND AND CONSOLIDATE THE LAW RELATING TO THE PRINTING AND PUBLICATION OF NEWSPAPERS AND OTHER PUBLICATIONS AND TO PROVIDE FOR THE REGISTRATION OF BOOKS AND THE KEEPING OF PRINTING PRESSES BE IT ENACTED by the High Commissioner for Palestine, with the advice of the Advisory Council thereof:— Short title. 1. This Ordinance may be cited as the Press Ordinance, 1932. Definitions. 2. In this Ordinance, unless the context otherwise requires:— "Newspaper" means any publication containing news, intelligence, reports of occurrences, or any remarks, observations or comments in relation to such news, intelligence or occurrences, or to any other matter of public interest, printed in any language any published in Palestine for sale or free distribution at regular or irregular intervals, but does not include any publication published by or for the Government of Palestine. "Book" includes every volume, part or division of a volume, and pamphlet in any language, any collection of paintings, drawings or photographs bound together, and every sheet of music, map, chart or plan separately printed, but does not include any publication which consists merely of a price list, sale catalogue, trade circular, or trade adver• tisement. "Printing Press" includes every machine and apparatus adapted and apparently intended for reproducing words, pictures or signs on paper, cloth or other similar material, but does not include any apparatus intended and used for reproducing plans only or any purely photographic apparatus intended and used for reproducing photographs only. "Printed" means reproduced by a printing press. "Proprietor" means as well the sole proprietor of any news• papers as also the persons who, as partners or otherwise, represent and are responsible for any share or interest in the newspaper as between themselves and the persons in like manner representing or responsible for the other shares or interests therein, and no other person. "Company" means a company registered under the Companies Ordinance, 1929. "Seditious libel" means any publication which contains a seditious intention as defined in Section 10 of the Criminal Law (Seditious Offences) Ordinances, 1929. CORRIGENDA Page 662, section 2, line 6: for "any language any published" read "any language and published". ."a) (xi), line 3: delete the word "under)׳(Page 663, section 5 (1 Page 665, section 5 (5), line 2: for 66Sub-section (i) (b) (ii) (iv) (vii)" read "Sub-section (!) (b) (iii) and (vi)". 16th August, 1932 OFFICIAL GAZETTE 663 PART I. PRINTING AND PUBLICATION OF NEWSPAPERS 3. For the purpose of this part of this Ordinance "District Interpretation. Commissioner" means the District Commissioner of the District in which the newspaper is to be or is being printed. 4. No newspaper shall be printed or published in Palestine No newspaper unless the proprietor thereof shall have previously obtained a orpubfished*6 permit under the hand of the District Commissioner in the form without permit, prescribed in the First Schedule to this Ordinance. 5. —(1) No permit shall be granted unless and until the Conditions under person applying therefor:— ^ bunted. (a) delivers to the District Commissioner a declaration by him on oath in the form and containing the evidence prescribed in the First Schedule to this Ordinance, substantiating the following matters:— (i) the name, age, place of residence, postal address and nationality of the applicant; (ii) his ownership of the newspaper; (iii) the name, place of residence and postal address of the editor; (iv) the title of the newspaper; (v) the place of printing; (vi) the subjects of which it will treat; (vii) the language or languages in which it will be printed: and (viii) the frequency of publication; (ix) that he is not the proprietor or editor of a newspaper of which the publication is suspended under Section 19 of this Ordinance or prohibited absolutely or conditionally under Section 23 (i) (a) of this Ordinance; (x) that he is not a person against whom an order under Section 23 (!) (b) of this Ordinance is in force; and (xi) that the printing press at which the newspaper is to be printed is not the subject of an order under under Section 23 (i) (a) of this Ordinance; Provided that any application on behalf of a company shall be accompanied by such declaration so made, in the form and containing the evidence prescribed, by each of the directors and the secretary thereof respectively; (6) delivers to the District Commissioner a declaration by the editor on oath in the form and containing the evidence prescribed in the First Schedule to this Ordinance, substantiating the following matters:— (i) his name, nationality, place of residence and postal address; 664 OFFICIAL GAZETTE 16th August, 1932 (ii) that he has attained the age of 25 years; (iii) that he has.passed the examination known as the Palestine Matriculation or such other examination as the Director of Education may recognise to be equivalent thereto; (iv) that he is able to speak, read and write the languages in which the newspaper is to be printed; (v) that he is not under any legal incapacity; (vi) that he has never been convicted of an offence in respect of which he has been sentenced by a final judgment to a term of imprisonment of three months or more; (vii) that he is not the proprietor of a newspaper the publication of which is suspended under Section 19 of this Ordinance or prohibited absolutely or condi• tionally under Section 23 (i) (a) of this Ordinance; (viii) that he is not a person against whom an order under Section 23 (i) (b) of this Ordinance is in force; (ix) that he is not debarred from practising as a legal or medical practitioner by order of any competent authority; (c) delivers to the District Commissioner a declaration by him on oath that to the best of his knowledge and belief the statements contained in the declaration referred to in the preceding paragraph are true; and (d) gives and executes a bond (or, where the application is made by two or more persons, not being members of a company, they jointly and severally give and execute a bond) in such an amount as is prescribed in the Second Schedule to this Ordinance, with one or more sureties as may be required and approved by the District Commissioner conditioned that the applicant shall pay to the Government of Palestine every penalty which may be imposed upon or adjudged against him or the editor of his newspaper upon any conviction for printing or publishing or causing or permitting to be printed or published any seditious or other libel at any time after the execution of such bond and all other penalties whatsoever which may be imposed upon or adjudged by a Court against him or the editor of his newspaper under the provisions of this Ordinance. (2) No person shall be entitled to use as the title of a newspaper the name of any publication published by or for the Government of Palestine or any other name which, in the opinion of the District Commissioner so resembles it as to be likely to cause confusion. (3) All proceedings relating to the making of any declaration referred to in this Section shall be deemed to be Judicial proceedings within the meaning of the Perjury Ordinance, 1929. (4) The proprietor of a newspaper may also be the editor, provided that, in such case, he shall make the declarations referred to in Sub-Section (i) (a) and (6) hereof and give the bond referred to in Sub-Section 1 (d) hereof and that it shall not be necessary for him to make the declaration referred to in Sub-Section (!) (e) hereof. 16th August, 1932 OFFICIAL GAZETTE 665 (5) The Chief Secretary may at his discretion dispense with any of the requirements of Sub-seclion (i) (b) (ii) (iv) (vii) and 1 (d) hereof and may at his discretion from time to time cancel or vary any dispensation granted by him under this Sub-section in regard ho the requirements of Sub-section 1 (d). (6) The Chief Secretary shall cause a notice of the grant of a permit to publish a newspaper to be given in the Gazette in the form prescribed in the Third Schedule to this Ordinance. 6—(1) The proprietor shall exhibit or cause to be exhibited Permit to be in a conspicuous place in his office or place of business the 6*o^1^^ y the permit granted to him. (2) The permit granted to a Company shall be exhibited in the registered office of the Company.! (3) Any person failing to comply with the provisions of this Section shall be guilty of an offence and on conviction thereof shallbe liable to a fine not exceeding two pounds. 7.—(1) If any person who has obtained a permit to publish Cancellation <rf a newspaper shall fail to publish the newspaper within three ^^¿1^ RE months from the date ot such permit, the permit shall be newspaper, deemed to be cancelled. (2) The District Commissioner shall have power to cancel a permit if the proprietor of a newspaper for which a permit to publish once or more than once weekly has been obtained interrupts publication (otherwise than as a result of an order of the High Commissioner or of a Court) for a continuous period of three months or more and shall have the like power in the case of any other newspaper if the proprietor thereof (otherwise than as a result of an order of the High Commissioner or of a Court) interrupts publication for a continuous period of more than twelve months.