Act No. 101 / 1947 Coll.
Law on the status of editors and on the Union of Journalists
Valid
Effective from 24.06.1947
101.
Law
of 28 May 1947
on the position of editors and on the Union of Journalists.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
The editors and the headgear.
(1) The editor is an employee of a magazine or news firm or an establishment which, as a principal occupation, carries out mental activities to ensure that the thoughts expressed by word or image, either its own or foreign, are printed in the editorial section of the form or are expressed by sound reproduction.
(2) The provisions of this law shall apply to editors (candidates) in a relationship between private or public law.
(1) The editor referred to in Article 1 may be:
(a) is a Czechoslovak national, has reached 21 years of age and is not excluded from entry into permanent electoral lists;
(b) has been active for at least six months as an editor-in-waiting (paragraph 2), unless the relevant association recognises that the waiting period has been replaced by letter-keeping or external cooperation or by other means equivalent to the proper practice of waiting;
(c) has not been convicted pursuant to the Decree of the President of the Republic of 19 June 1945, No 16 Coll., on the punishment of Nazi criminals, traitors and their handlers and on extraordinary people's courts, as amended by the Act of 24 January 1946, No 22 Coll., or under the provisions of § 4 of the Order of the President of the Republic of 19 June 1945, No 17 Sb., on the National Court, or who has not been lawfully convicted under the Decree of the President of the Republic of 27 October 1945, No 138 Sb., on the punishment of certain wrongful acts against the national values, supplemented by the Law of 16 May 1946, No 123 Sb., or under the Decree of the Slovak National Council of 15 May 1945, No 33 SNSR, on the punishment of fascist criminals, the occupants and the colleborants and on the establishment of the People's judiciary, in all cases of the Law. When sentenced solely to the sentence of public reprimand for the offence against national honor or pursuant to Article 5 of the Slovak National Council Regulation No 33 / 45 Coll. SNR may, at the request of the defendant, decide whether the act is such as to justify the exclusion from the editorial activity for a certain period or forever;
(d) has not been lawfully convicted of an offence committed by a cause of low or dishonest or for the loss of civil rights;
(e) he has not been deprived of his ability to be an editor by a decision under Paragraph 11 of this Act if the restriction persists.
(2) As editors, persons over 18 years of age may enter the service, otherwise eligible to become editors. On the pay side, the waiters are judged as beginners.
(3) If the person who is in an editorial capacity does not comply with the conditions laid down by law, that is the reason for early termination of employment.
(4) For persons who, on the date on which the Act became effective, were already in employment under the Law of 3 July 1936, No 189 Coll., on the employment of editors, the condition reached 21 years and six months of waiting activity does not apply.
(5) Where the persons referred to in Sections 1 and 2 are not covered by the provisions on pension arrangements of public servants, the provisions of Section 124 of the Act of 21 February 1929, No 26 Coll., on pension insurance of private employees in higher services, as amended, shall apply to them.
(1) In the absence of an indication in the performance of editorial activities, it may be called "editor 'only those who are editors under the provisions of § 1 of this Act.
(2) Persons referred to in the applicable legislation as "responsible editor," are called "responsible representative of the sheet."
(3) In periodic forms, published at least once a week, only the editor may be responsible for the paper in accordance with the provisions of Section 1 of this Act.
Editor:
(a) may accept orders and instructions only from its immediate representative within the meaning and scope of the contract. He is obliged to remain silent about his affairs as an editor entrusted and to publish unspecified. Otherwise, he shall pursue his profession freely and independently and follow his beliefs;
(b) be obliged to carry out the tasks entrusted to him, in a zealous, factually and conscientiously manner, and to observe his editorial honour;
(c) be obliged to refrain from any infringement of the rights of other editors guaranteed by this paragraph;
(d) may not receive any salary or benefit directly or indirectly from a person other than his employer in connection with the pursuit of his profession in the undertaking in which he is employed.
About the Central Union of Czechoslovak Journalists.
(1) For the entire territory of the Czechoslovak Republic, the Central Union of Czechoslovak Journalists, based in Prague, is established as a self-governing corporation. Its members are the Association of Czech Journalists and Sväz Slovak Journalists.
(2) The Central Union is dealing with common issues concerning editors and candidates at all, it is gearing up the activities of the Association of Czech Journalists and Sväzu Slovak Journalists and represents these associations, particularly towards abroad.
(3) The management of the Central Union and its economy are managed and its budget is approved by a committee of nine, which is set up by delegates sent by the two unions. The Union shall determine the same number of alternates. The Committee shall elect a President and two Vice-Presidents from among its number who shall form the Bureau. The Bureau shall convene a committee, prepare a budget for the Committee and deal with urgent matters with the additional approval of the Committee. The President (Vice-President) and one member of the Committee shall sign for the Central Union. The two associations shall elect one reviewer and one alternate reviewer, who shall not be members of the Committee. Revisors report to the unions and supervisory authorities.
(4) The Committee of the Central Union is established after the election of the delegates to the two unions in general meetings. The term of office of its members shall be one year; remain in office until the new Committee is established. The same goes for the reviewers.
(5) The expenditure of the Central Union shall be borne by contributions from both associations. The amount of the contributions shall be determined by the Central Union Committee.
(6) The Rules of Procedure of the Central Union governing the internal proceedings of the Central Union institutions shall be issued by a committee approved by the Ministry of Information. Approval may be refused only if, by form or content, a law or regulation issued under it has been infringed. If approval is not refused within two months, the Rules of Procedure shall be deemed to have been approved. These provisions also apply to amendments to the Rules of Procedure.
(7) The Ministry of Information is obliged to ensure that all its components and bodies can be developed as efficiently as possible. It shall ensure that the activities of the Central Union, its components and bodies are not infringed by the law and regulations on the basis of it.
About the Union of Czech Journalists and Sväzu Slovak Journalists.
(1) The association of Czech journalists based in Prague and Sväz Slovak journalists based in Bratislava are established as self-governing corporations.
(2) The task of both associations is to represent and defend the ideas and interests of the press and the interests of the members. In particular, associations shall:
(a) defend freedom guaranteed by the Constitution;
(b) to ensure that democratic, free and reliable reporting is possible;
(c) ensure that their members carry out their duties properly, resulting from their mission and responsibility towards the public, without interfering in the freedoms referred to in (a);
(d) to keep records of members of the Union and to decide in the contested cases if the conditions of Sections 1 and 2 of this Act are fulfilled.
(3) Editors (§ 1) and waiters (§ 2, paragraph 2) are either members of the Association of Czech Journalists based in Prague or Sväzu Slovak Journalists based in Bratislava. The Central Union Committee shall decide on the dubious cases and on the organisational competence of editors and candidates employed at central offices and national organisations and institutions.
(1) The institutions of the Union are:
(a) the general meeting;
(b) the President;
(c) the Bureau;
(d) the Committee;
(e) the Disciplinary Board;
(f) account inspectors.
(2) All institutions of the Union, as well as delegations to the Central Union Committee, are based on the principle of proportional representation. In this framework, the choice of persons and their order should be made. The members of the Union, the members of the committees (alternates), the delegates to the Committee of the Central Union (alternates), the members of the Disciplinary Councils and the review of accounts (alternates) shall elect general meetings for one year. Where more than one candidate list is submitted, tickets shall be chosen in accordance with the principle of equal and secret voting. The members of the Chairpersons of the Union, with the exception of the Chairpersons, shall be elected by the Association Committees.
(3) The Organisational Regulations, negotiating the powers of the institutions of the unions, their composition and the rights and obligations of the members, will be laid down in this Act by a government regulation issued after the hearing of the two unions. In its internal negotiations, the unions shall be governed by the Rules of Procedure, which shall discuss the general meetings of the unions and which shall be approved by the Minister of Information with regard to Sväz Slovak Journalist, in agreement with the committees of the two unions, after the statement of the delegate. Approval may be refused only if, in the form of or in the form of an order, the law or regulations issued pursuant to it are infringed. If approval is not refused within two months, the Rules of Procedure shall be deemed to have been approved. These provisions also apply to the amendment of the Rules of Procedure.
(4) Staff members of the unions shall be subject to the provisions of the private law of employment.
(5) The Minister of Information with regard to the Union of Czech Journalists and the Director of Information with regard to Sväz Slovak Journalists are required to ensure that the unions and all their components and bodies (turns, sections and interest groups) can be developed as effectively as possible. The Minister of Information shall ensure that their activities do not infringe the law or regulations issued under it.
(1) Unions are obliged to establish divergences, sections and interest groups as their internal bodies, while maintaining the same rights and obligations of all members. Their activities shall be governed by the provisions of the Organisational Regulations but may not include disciplinary powers. The unions oversee the activities of divergences, sections and interest groups and confirm the choice of their officials. They can disband the turn, section or interest group. A branch, section or interest group may appeal from a decision of the Association Committee to a general meeting whose resolution is final.
(2) The body of the turnovers, sections or interest groups is:
(a) the general meeting;
(b) the President;
(c) the Committee;
(d) account inspectors.
(3) Diverters, sections or interest groups are elected by the general assembly of divergences, sections or interest groups in accordance with the provisions of § 7 (2).
(1) The condition for the pursuit of the profession provided for in Sections 1 and 2 is membership of the relevant Union. The temporary pursuit of the profession shall be possible from the filing of the application referred to in paragraph 2 until the decision referred to in paragraph 3, if any. Membership of the Union shall be maintained after the termination of the contract provided for in Article 1, but for a maximum period of one year. The membership of editors who enter an invalidity or old-age pension shall be regulated by the organisation regulations of the unions.
(2) Those who enter into employment for the first time (§ 1 and § 2 (2)) or who renew an editorial employment after the expiry of the annual period (paragraph 1) are obliged to join the relevant union within eight days. The obligation to notify the relevant association of the receipt of a new editor or candidate shall be given to the employer within the same period.
(3) The Bureau of the relevant Union shall examine whether the conditions laid down in this Act are met for the applicant. If these conditions are not properly demonstrated, they shall return the application to supplement it. If the Bureau finds that the membership conditions are not met, it shall refer the matter to the Union Committee for a decision. The applicant may appeal to the Central Union Committee within 15 days against a negative decision of the Committee. Against the rejection of the decision of the Central Union Committee, it may, within 15 days, apply to the Ministry of Information, which, as far as Sväz of Slovak journalists is concerned, shall decide after the statement of the delegate. The time limits shall run from the date of service of the negative decision; the date of delivery shall not be taken into account.
Disciplinary regulations.
The editor (candidate) who infringes the obligations laid down in § 4, as well as the member or official of the Central Union, of the unions, of their turnovers, sections or interest groups, who infringes the obligations imposed on him by this Act, shall be punished by an order or disciplinary penalty imposed by the law.
(1) The order sentence imposed by the Bureau of the Union is a non-public warning.
(2) Disciplinary penalties imposed by the Disciplinary Councils of the Unions are:
(a) a warning;
(b) reprimand;
(c) fine up to 10 000 CZK;
(d) a prohibition on carrying on activities under Sections 1 and 2 for a maximum period of one year;
(e) exclusion from the Union, provided that it cannot be re-recruited before the expiry of three years. This punishment can only be pronounced when it is particularly difficult to commit a crime, especially if it is a failure to comply with the prohibition under (d) and only this time, when at least two disciplinary penalties have been issued before.
(3) The Disciplinary Councils of the Unions also act as conciliation bodies in disputes between members.
(1) The Bureau of the Union shall elect a member of the Union as a disciplinary prosecutor for a period of one year. This shall not be a member of the Disciplinary Board, the Disciplinary Board or the representative of the defendant.
(2) The Disciplinary Prosecutor shall bring and represent an action, make proposals and act at all times in accordance with the legal provisions, may at any time consult the files or request a communication of the content of the files; However, disciplinary proceedings may not be delayed.
(3) The Disciplinary Prosecutor is obliged to follow the instructions of the Bureau and the Committee of his Union.
(1) There is no appeal against the decision of the Disciplinary Board to initiate the disciplinary procedure. The Disciplinary Prosecutor may file a complaint with the Disciplinary Board against a decision refusing to initiate an investigation.
(2) If a member of the National Assembly is disciplined, he shall take care of the legal rules on immunity (indiscretionary).
(1) Negotiations before the Disciplinary Board shall take place orally following a previous investigation. The defendant may and is obliged to attend the hearing to call on the Disciplinary Board.
(2) The defendant has the right to appoint a lawyer from among the members of his union or from persons entitled to defend himself in criminal matters. The defendant may not be a member of the Disciplinary Board, the Disciplinary Chamber, the Disciplinary Prosecutor or the investigating Commissioner. The provisions of criminal law shall apply mutatis mutandis to lawyers.
(3) Members of the Union are required to testify as witnesses and to give opinions as experts to the investigating Commissioners and the Disciplinary Board.
(4) The courts and all authorities are required to provide legal assistance to the Disciplinary Board upon request.
(5) The costs of disciplinary proceedings shall be borne by the defendant in so far as they are not the costs of delays in proceedings not attributable to him. The costs shall be determined by the Disciplinary Board.
(1) The Disciplinary Board may also impose reorder fines from 50 to 1,000 Kčs to members who do not perform the obligation laid down in Paragraph 14 (3) without sufficient reason.
(2) If the defendant disobeys without a proper hearing to appear in person for oral proceedings, the Disciplinary Board shall impose a fine of order ranging from 100 to 2.000 Kčs. Moreover, the accused is obliged to pay the costs of the oral proceedings which he has lost.
(1) The Disciplinary Councils of the Union shall act in three-member chambers.
(2) The Disciplinary Board shall decide according to its conviction, which it has obtained by conscientious examination of all the evidence, not bound by an acquittal judgment of the Criminal Court.
(3) The Disciplinary Board, deciding on the sentence, shall take account of the disciplinary penalty imposed on the defendant by other public bodies. He may refrain from punishment, if he accepts that the previous disciplinary sentence was sufficient. The same goes for other public bodies, if they fight against someone who has already been punished by the Disciplinary Council for the same act.
(1) On the basis of the findings of the Bureau of the Union pursuant to Paragraph 11 (1), the Board of Disciplinary Board may be appealed within 15 days. the latter shall decide on a final finding which is not permitted to be published.
(2) An appeal may be made to the Disciplinary Board within 15 days. Other decisions of the Disciplinary Board may be complained against by the Disciplinary Board within the same time limit.
(3) The Disciplinary Judicial Board shall decide as final stools on appeals and complaints under the preceding paragraph. Complaints or appeals to another authority or court shall not be admissible.
(4) The Disciplinary Judicial Board is set up at the Supreme Court in Brno. The Senate shall be composed of the President and two attached. The President shall be appointed by the President of the Supreme Court of Judges of that Court. The President of the Chamber shall designate the person designated by the Central Union Committee. The Central Association shall designate at least four alternates and the same number of alternates from among the members of the two associations, if possible, to take account of the uniform representation of the two associations. The equal representation of the two unions shall be preserved when the Senate is established.
(5) A representative of the prosecution before the Disciplinary Board shall be elected by the Central Union Committee. Paragraph 12 shall apply mutatis mutandis.
(6) Paragraph 11 to 16 shall apply mutatis mutandis to proceedings before the Disciplinary Chamber.
(7) The provisions of the Code of Criminal Procedure on the renewal of criminal proceedings apply mutatis mutandis.
(8) The periods referred to in paragraphs 1 and 2 shall run from the date of service of the decision; the date of delivery shall not be added to the time limit.
More detailed rules on the proceedings before the Disciplinary Board and the Disciplinary Board shall be laid down by the Organisational Regulations provided for in Section 7.
General and final provisions.
Fines and expenses of disciplinary proceedings, as well as members' contributions on the basis of a statement of arrears signed by the President of the relevant Union, shall be enforced by political execution. The fines shall belong to the competent association which shall use them to support its social facilities.
All functions in the Central Union, in the unions, in their turnovers, sections or interest groups, are honorable and officials are entitled only to compensation for actual expenses from union funds.
The "National Union of Journalists" based in Prague and the "Pressure Chamber" in Bratislava will cease to exist on the day this law comes into effect. Their property will be taken over by the respective unions.
The unions shall be required to convene the first general meetings within three months of the date of application of this law.
The acts and omissions of this law, if committed by persons who are not members of the Union, are punishable, if not by a more severe criminal act, by the county national committees by a fine of up to 50 000 CZK or by imprisonment within six months. In case of imperfections, it is also necessary to impose a replacement prison sentence within six months according to the degree of guilt.
(1) Paragraph 1 (1) of the Act of 3 July 1936, No 189 Coll., on the employment of editors, is amended and read as follows:
"The provisions of this law shall apply to the employment relationship of the staff of a magazine or news firm or establishment engaged as a principal profession of mental activity in order to ensure that the thoughts expressed by word or image, either their own or foreign, are printed in the editorial section of the form or shown by sound reproduction. These persons are called editors in other provisions. '
(2) The other provisions of the Law, in particular those of Paragraph 14, remain in force.
This Act shall take effect on the day of its publication; It shall be implemented by ministers of information, justice and social welfare in agreement with the ministers involved.
Dr Beneš v. r.
Gottwald v. r.
Kopecký v. r.
Dr Drtina v. r.
Dr. Unedible v. r.
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Regulation Information
| Citation | Act No. 101 / 1947 Coll., on the position of editors and on the Union of Journalists |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.06.1947 |
|---|---|
| Effective from | 24.06.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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