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Chapter 21:01 - Publication and Newspapers

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L.R.O. 1/ 2012
LAWS OF GUYANA
PUBLICATION AND NEWSPAPERS ACT
CHAPTER 21:01
Act
4 of 1839
Amended by
4 of 1972 O. 76 /1962 6 of 1997
Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.






1 – 17 ... 1/2012
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation
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CHAPTER 21:01
PUBLICATION AND NEWSPAPERS ACT
ARRANGEMENT OF SECTIONS

SECTION
1. Short title
2. Interpretation.
3. Name and place of abode or business of printer of any paper or book
to be printed thereon.
4. Section 3 not to extend to engravings, bank notes, securities, and
other documents.
5. Fiat of Director of Public Prosecutions required.
6. Obligation of publisher to supply copies of books.
7. Declaration of particulars before printing or publication.
8. (1) Making false or defective declaration.
(2) Printing or publishing newspaper without declaration made.
9. (1) Custody of declarations, and use of certified copies thereof as
evidence.
(5) Unauthorised person giving certificate.
10. Service of process on printer of newspaper.
11. Registration of titles of newspapers and names of printers and
publishers.
12. Delivery of copies of newspapers, and use of same for purposes of
evidence.
13. (1) Particulars to be printed on newspaper.
(2) False particulars.
14. Security by printer and publisher of newspaper.
15. Fresh security in certain cases.
16. (1) Withdrawal of surety.
(2) New bond.
17. Offences by corporate bodies.
18. Civil liability of director or officer for libel.
__________________________

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1929 Ed.
c. 81
1953 Ed.
c. 130 _______________________________________________________
4 of 1839 An Act to prevent the mischiefs arising from the printing
and publishing of Books, Newspapers and other Papers
by persons not known and for regulating the printing
and publication of such Papers in other respects, and
for compiling a public record of all Books and
Newspapers published in Guyana and for establishing
the Liberty of the Press on a just and proper basis.

Short title.
[4 of 1972]

Interpretation.
[4 of 1972]

Name and
place of abode
or business of
printer of any
paper or book
[23RD NOVEMBER, 1839]
1. This Act may be cited as the Publication and
Newspapers Act.
2. In this Act—
“book” includes every part or division of a book, pamphlet,
newspaper, sheet of letterpress, sheet of music, map,
plan, chart or table separately published, but shall
not include any second or subsequent edition of a
book unless such edition contains additions or
alterations either in the letterpress, or in the maps,
prints or other engravings belonging thereto;
“newspaper” means any paper containing public news,
intelligence, or occurrences, or any remarks or
observations thereon printed and published in Guyana
periodically or in parts or numbers at intervals not
exceeding one hundred days between the
publication of any two such papers, parts or numbers.
3. Everyone who prints any paper or book
whatsoever which is meant to be published or dispersed
and does not print in legible characters upon the front of
the paper, if it is printed one side only, or upon the first or last
CHAPTER 21:01
PUBLICATION AND NEWSPAPERS ACT

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to be printed
thereon.
[6 of 1997]
Section 3 not to
extend to
engravings,
bank notes,
securities, and
other
documents.
leaf of the paper or book if it consists of more than one leaf, his
name and usual place of abode or business, and everyone who
publishes or disperses, or assists in publishing or dispersing,
any printed paper or book on which the name and place of
abode of the person who prints it is not printed as aforesaid,
shall for every copy of the paper or book so printed, or
published, or dispersed by him, be liable to a fine of four
thousand eight hundred and seventy-five dollars, recoverable
under the Summary Jurisdiction Acts:
Provided that nothing herein contained shall extend
to make any person offending against this section liable to
more than twenty-five fines for printing or publishing or
dispersing, or assisting in publishing or dispersing, any
number of copies of one and the same paper or book.
4. The last preceding section shall not extend—
(a) to the impression of any engraving, or
to the printing by letterpress of the
name, or the name and address, or
business or profession, of any
person, and the articles in which he
deals, or to any papers for the sale of
estates or goods by auction or
otherwise; or
(b) to require the name and residence of
the printer to be printed upon—
(i) any bank note, bill of exchange,
or promissory note; or
(ii) any bond or security for
payment of money; or
(iii) any bill of lading, policy of
insurance, or deed or
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Fiat of Director
of Public
Prosecutions
required.
Obligation of
publisher to
supply copies
of books.
[4 of 1972
6 of 1997]
agreement; or
(iv) any transfer or assignment of
any public stock, funds, or other
securities, or the stocks of any
public corporation or company
authorised or sanctioned by
any Act, or any dividend
warrant of or for those public
or other stocks, funds, or
securities; or
(v) any receipt for money or goods;
or
(vi) any proceeding in any court of
law, warrant, order, or other
papers printed by the authority
of any public board, or public
officer in the execution of
their respective offices,
notwithstanding that the whole or any part of the said
several securities, instruments, proceedings, matters and
things aforesaid have been or are printed.
5. No proceedings shall be taken against any person
under section 3 without the fiat of the Director of Public
Prosecutions being first obtained.
6. (1) The publisher of every book printed in Guyana
shall, within one month after the publication, supply—
(a) two copies of the book to the Registrar
of the University of Guyana;
(b) one copy of the book to the
National Archives of Guyana; and
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Declaration of
particulars
before printing
or publication.
[O. 76/1962]
(c) one copy of the book to the National
Library of Guyana.
(2) The publisher may supply such books or any of
them by way of gift or he may demand compensation for them,
and in the latter case the University, the Archivist or the
National Library, as the case may be, shall pay adequate
compensation therefor to the publisher.
(3) The copy to be delivered under subsection (1)
shall be a copy of the whole book with all maps and
illustrations belonging thereto, finished and covered in the
same manner as the best copies of the book are published and
shall be bound, sewed, or stitched together and on the best
paper on which the book is printed.
(4) The President may, by order, exempt any
book or books from the provisions of this section.
(5) If a publisher fails to comply with any of the
provisions of this section he shall be liable on summary
conviction to a fine of thirty-two thousand five hundred
dollars.
7. (1) No person shall print or publish, or cause to be
printed or published, any newspaper before there has been
delivered at the office of the Archivist a declaration in writing
setting forth—
(a) the correct title of the newspaper
to which the declaration relates; and
(b) the true description of the house or
building wherein the newspaper is
intended to be printed, and also of
the house or building wherein it is
intended to be published by, or for, or
on behalf of, the proprietor thereof;
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and
(c) the true name, addition, and place of
abode, of every person who is
intended to be the printer, or to
conduct the actual printing, and to be
the publisher, of the newspaper, and
of every person who is a proprietor
thereof.
(2) The declaration shall be made and signed by
every person named therein as printer, or publisher, or
proprietor, of the newspaper to which it relates.
(3) A declaration of like import shall be made,
signed, and delivered in like manner wherever—
(a) any share, interest, or property so ever
in any newspaper named in the
declaration is assigned, transferred,
divided, or changed, by act of the
parties or by operation of law; and
(b) any printer, publisher or proprietor,
named in the declaration, or the
person conducting the actual
printing thereof, is changed, or
changes his place of abode; and
(c) the title or the printing office, or
the place of publication, of the
newspaper, is changed; and
(d) in any case, or on any occasion, or for
any purpose the Minister requires the
declaration to be made, signed, and
delivered, and causes notice in writing
for that purpose to be served on any
person, or to be left or posted at any
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Making false or defective declaration. [6 of 1997]
place mentioned in the last preceding
declaration delivered as aforesaid, as
the printer, publisher, or proprietor of
the newspaper, or as the place of
printing or publishing it, respectively.
(4) Every declaration aforesaid shall be made
before the Registrar of Deeds in Georgetown or a sworn clerk
and notary public in Berbice, as the case may be, and those
officers are severally and respectively authorised and
required to take and receive the declaration.
8. (1) Every person who knowingly and wilfully signs
and makes any declaration aforesaid—
(a) in which there is inserted or set
forth the name, addition, or place of
abode of any person as a proprietor,
publisher, printer, or conductor of the
actual printing, of any newspaper to
which the declaration relates who is
not a proprietor, publisher, or printer
thereof; or
(b) from which there is omitted the
name, addition, or place of abode of
any proprietor, publisher, or printer,
or conductor of the actual printing, of
the newspaper, contrary to the true
meaning of this Act; or
(c) in which any matter or thing by this
Act required to be set forth is set forth
otherwise than according to the truth;
or
(d) from which any matter or thing
required by this Act to be truly set
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Printing or
publishing
newspaper
without
declaration
made.

Custody of
declarations,
and use of
certified copies
thereof as
evidence.
[O. 76/1962]
forth is entirely omitted,
shall on conviction thereof be guilty of a misdemeanour.
(2) Every person who knowingly and wilfully
prints or publishes, or causes to be printed or published, or,
either as a proprietor or otherwise, sells or delivers out, any
newspaper, relating to which a declaration containing the
matters and things required by this Act to be therein contained,
has not been duly signed, made, and delivered when and so
often as by this Act is required, or any other matter or thing
required by this Act to be done or performed has not been
accordingly done or performed, shall be liable, for each act
so done, to a fine of forty-eight thousand seven hundred and
fifty dollars for every day on which that newspaper is
printed or published, sold or delivered out before or until the
declaration has been signed, made, and delivered, or before or
until the other matter or thing has been done or performed, as
by this Act directed.
9. (1) Every such declaration as aforesaid shall be
filed and kept for safe custody in the public office of the
Archivist, and copies thereof, certified to be true copies as
by this Act directed, shall respectively be admitted in all
proceedings, civil or criminal, and upon every occasion
whatsoever touching any newspaper mentioned in that
declaration, or touching any publication, matter, or thing
contained in that newspaper, as conclusive evidence of the
truth of all the matters set forth in the declaration hereby
required to be therein set forth, and of their continuance
respectively in the same condition down to the time in
question, against every person who has signed the
declaration, unless it is proved that, previous to that time,
the person became lunatic, or that, previous to the
publication in question on the trial, the person duly signed
and made a declaration that he had ceased to be a printer,
publisher, or proprietor, of the newspaper, and duly delivered
it at the office of the Archivist as aforesaid, or unless it is
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proved that, previous to the occasion aforesaid, a new
declaration of the same or a similar nature respectively, or
such as required by law, was duly signed, made, and
delivered as aforesaid respecting the same newspaper, in
which the person sought to be affected on the trial did not
join.
(2) The Archivist, on application in writing made to
him by any person requiring a copy, certified according to
this Act, of any declaration aforesaid, in order that it may be
produced in any civil or criminal proceeding, shall deliver the
certified copy, or cause it to be delivered, to the person
applying for it.
(3) In all proceedings and upon all occasions
whatsoever, a copy of the declaration certified to be a true
copy under the hand of the Archivist, on proof made that that
certificate has been signed with the handwriting of the
Archivist, shall be received in evidence against any and every
person named in the declaration as a person making or
signing it as sufficient proof of the declaration, that it was duly
signed and made, according to this Act, and of the contents
thereof; and the certified copy, shall have the same effect for
the purposes of evidence against any and every person
aforesaid named therein to all intents whatsoever, as if the
original declaration, of which it purports to be a copy, had
been produced in evidence and proved to have been duly
signed and made by the person appearing by the certified copy
to have signed and made the declaration as aforesaid.
(4) Whenever the certified copy has been produced
in evidence as aforesaid against any person who has
signed and made the declaration, and a newspaper is
afterwards produced in evidence, intituled in the same
manner as the newspaper mentioned in the declaration,
and wherein the names of the printer and publisher, and the
place of printing, are the same as the names of the printer
and publisher, and the place of printing, mentioned in the
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Unauthorised
person giving
certificate.
[O. 76/1962
6 of 1997]


Service of
process on
printer of
newspaper.
declaration, or purport to be the same, whether the title, name,
and place printed upon that newspaper are set forth in the
same form of words as is contained in the declaration, or in
any form of words varying therefrom, it shall not be
necessary for the plaintiff, informant, or prosecutor, in any
action, prosecution, or other proceeding, to prove that the
newspaper to which the action, prosecution, or other
proceeding relates was purchased from the defendant or
at any house, shop, or office belonging to or occupied by
the defendant, or by his servants or workmen, or where he
usually carries on the business of printing or publishing the
newspaper, or where it is usually sold.
(5) If anyone, not being the Archivist, gives any
certificate purporting to be the certificate aforesaid, or certifies
any of the matters or things by this Act directed to be certified
by the Archivist, or which the Archivist is hereby
empowered or entrusted to certify, or if the Archivist
knowingly and wilfully falsely certifies under his hand that
any declaration required to be made by this Act was duly
signed and made before him, when it has not been so
signed and made, or knowingly and wilfully falsely
certifies that any copy of that declaration is a true copy of
the declaration of which it is certified to be a copy, when it is
not a true copy, everyone so offending shall be liable to a fine
of ninety-seven thousand five hundred dollars.
10. In any prosecution or proceeding, civil or criminal,
against any printer, publisher, or proprietor, of any newspaper,
service at the house or place mentioned in any declaration
aforesaid as the house or place at which that newspaper is
printed, or published, or intended so to be, of any notice or
other matter required or directed by this Act to be given or left,
or of any process of what and for what nature soever, shall be
taken to be good and sufficient service thereof respectively
upon and against every person named in the declaration as the
printer, publisher, or proprietor of that newspaper.

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Registration of
titles of
newspapers
and names of
printers and
publishers.
[O. 76/1962]
Delivery of
copies of
newspapers
and use of
same for
purposes of
evidence.
[O. 76/1962
4 of 1972
6 of 1997]
11. The Archivist shall cause to be entered, in a book to
be kept for that purpose in his office, the title of every
newspaper registered at this office, and also the names of the
printers and publishers thereof, as they appear in the
declarations required by this Act to be made relating to those
newspapers respectively; and all persons shall have free
liberty to search and inspect the book from time to time
during the hours of business at that office, without payment
of any fee or reward.
12. (1) The printer or publisher of every newspaper
in Guyana shall, within twenty-four hours after each
publication of the newspaper, deliver, or cause to be
delivered, at the office of the Archivist one copy of that
newspaper, with the name and place of abode of the printer
or publisher thereof signed and written thereon, after it has
been printed, by his proper hand and in his accustomed
manner of signing, or by some person appointed and
authorised by him for that purpose, of whose appointment and
authority notice in writing, signed by the printer or publisher
in the presence of and attested by the Archivist has been
delivered at the office of that officer; and a delivery of a copy of
a newspaper under this subsection shall be deemed to be a
compliance with section 6(1)(b).
(2) Every printer and publisher of a newspaper who
neglects to deliver or cause to be delivered, in manner
hereinbefore directed, a copy signed as aforesaid shall for
each neglect be liable to a fine of nineteen thousand five
hundred dollars.
(3) If any person makes application in writing to
the officer in order that the copy of any newspaper so signed
as aforesaid may be produced in evidence in any civil or
criminal proceeding, the officer shall, at the expense of the
applicant, at any time within two years from the publication
thereof, either cause that copy to be produced where and
when it is required, or shall deliver it to the applicant,
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Particulars to
be printed on
newspaper.
[6 of 1997]
False
Particulars.
taking, according to his discretion, reasonable security at
the applicant’s expense, for its return to his office within a
certain time to be fixed by him; and if, by reason of previous
application in manner aforesaid for the copy by any other
person, it cannot be produced or delivered pursuant to any
subsequent application, the officer shall cause it to be
produced or shall deliver it as soon as he is able to do so.
(4) All copies so delivered shall be evidence
against every printer, publisher and proprietor of the
newspaper respectively in all civil or criminal proceedings to
be commenced and carried on, as well touching that
newspaper and any matter or thing therein contained as any
other newspaper and matter or thing therein contained which
is of the same title, purport or effect as the copy so delivered,
although that copy may vary in some instances or particulars
as to title, purport or effect.
(5) Every printer, publisher and proprietor of
any copy so delivered shall to all intents and purposes be
deemed to be the printer, publisher and proprietor
respectively of all newspapers which are of the same title,
purport or effect as that copy or impression
notwithstanding such variance as aforesaid, unless he proves
that those newspapers were not printed or published by him
or by or with his knowledge or privity.
13. (1) At the end of every newspaper, and of any
and every supplement sheet, or piece of paper, shall be printed
the forenames and surname, addition, and place of abode of its
printer and publisher, and also a true description of the house
or building wherein it is actually printed and published
respectively, and the day of the week, month and year on
which it is published.
(2) Everyone who knowingly and wilfully prints
or publishes, or causes to be printed or published, any
newspaper or supplement thereto, whereon the several
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Security by
printer and
publisher of
newspaper.
[4 of 1972
6 of 1997]
particulars aforesaid are not printed, or whereon there is
printed any false name, addition, place, or day, or any
description of the place of printing or publishing the
newspaper different in any respect from the description of
the house or building mentioned in the declaration required
by this Act to be made relating to that newspaper as the house
or building wherein it is intended to be printed or published,
shall for each offence be liable to a fine of nineteen
thousand five hundred dollars.
14. (1) No one shall print or publish any newspaper, or
pamphlet, or other paper, containing any public news,
intelligence or occurrences, or any remarks or observations
thereon or on any public or private matter, until he has
entered into and has executed in the presence of, and
delivered to the Registrar of Deeds, a bond to the State,
together with two sufficient sureties, to the satisfaction of
that officer, every person printing or publishing the
newspaper, or pamphlet, or paper aforesaid, in the sum of
three hundred and twenty-five thousand dollars, and his
sureties in a like sum, jointly and severally conditioned that
that printer or publisher shall pay to—
(a) the State, every fine or penalty at
any time imposed upon or adjudged
against him by reason of any
conviction for printing or publishing
any defamatory libel;
(b) any person, damages awarded against
him by any court for printing or
publishing any libel, at any time after
executing the bond.
(2) Every person who prints or publishes a
newspaper, pamphlet or other paper, without having
executed and delivered the bond as required by subsection
(1), shall for each offence be liable to a fine of nineteen
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Fresh security
in certain cases.
[4 of 1972
6 of 1997]
Withdrawal of
surety.
[6 of 1997]

New bond.
thousand five hundred dollars.
(3) The President may by order exempt any
newspaper, pamphlet or paper or any class of newspaper,
pamphlet or paper from the provisions of this section.
15. Whenever any surety in any bond aforesaid has
been required to pay, and has paid the whole or any part of
the sum for which he has become surety, or if any surety
dies, or quits Guyana, or becomes insolvent, then the person
or persons for whom that surety has been bound shall not
print or publish any newspaper, or pamphlet, or other paper
aforesaid, unless he has executed a new bond with
sufficient sureties, in the manner and to the amount
aforesaid, within ten days after the death, departure from
Guyana, or insolvency aforesaid; and if he prints or publishes
the newspaper or pamphlet, or other paper aforesaid
without having executed the new bond, he shall for each
offence be liable to a fine of nineteen thousand five hundred
dollars.
16. (1) If any surety wishes to withdraw from the
bond, he may do so, upon giving twenty days’ previous notice
in writing to the Registrar of Deeds and also to the printer
and publisher; and in that case that surety from and after
the expiration of the notice, shall not be liable upon the
bond, other than and except for any penalty or penalties
before that time imposed or incurred, and for which he
would otherwise have been liable under the bond.
(2) In every such case the person for whom the
surety has been bound shall not print or publish any
newspaper, or pamphlet, or other paper aforesaid until he
has executed a new bond, with sufficient sureties, in
manner and to the amount aforesaid; and if he does so
without having executed the new bond, he shall for each
offence be liable to a fine of nineteen thousand five hundred
dollars.
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Offences by
corporate
bodies.
[4 of 1972]

Civil liability of
director or
officer for libel.
[4 of 1972]
17. Where a person convicted of an offence under this
Act is a body corporate, every person who at the time of the
commission of the offence, was a director or officer of the
body corporate shall be guilty of that offence unless he
proves that the offence was committed without his
knowledge or that he exercised all due diligence to prevent the
commission of the offence.
18. (1) Where a person against whom judgment is
recovered in a civil action for libel published in a book or
newspaper is a body corporate, the judgment shall, subject to
the provisions of subsections (2) and (3), be enforceable
jointly and severally against the body corporate and every
person who was a director or an officer at the time of the
publication.
(2) Execution for the enforcement of the
judgment shall not issue against any such director or officer
save with the leave of the court.
(3) Leave to issue such execution shall be granted if
it appears to the court that the assets of the body corporate are
insufficient to satisfy the judgment, unless the director or
officer satisfies the court that the libel was published without
his knowledge and that he exercised all due diligence to
prevent the commission thereof and to mitigate (by way of
suitable public apology or otherwise) any damage or
prejudice caused or likely to be caused to the person libelled
as a result of the libel.
_________________________