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Discipline Of Business Publishing And Provvidenze For Publishing

Original Language Title: Disciplina Delle Imprese Editrici E Provvidenze Per L'editoria

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LAW 13 February 1998 25



DISCIPLINE OF COMPANIES PUBLISHING AND FORESIGHTS FOR PUBLISHING

We the Captains Regent of the Most Serene Republic of San Marino
Promulgate and publish the following law passed by the Council Great and General
its meeting on 13 February 1998. Art.1

enterprise Definition publishing
It defines publishing company under this law every individual enterprise, company or cooperative
body exercising exclusively or predominantly so the activity of:
a) edition of daily newspapers or periodicals;
B) publishing of books and works of various kinds. Art.2


Register of information enterprises And 'it established at the Authority for the information referred to in article 4, the
Register of publishers of newspapers, daily and periodic,
operating in the Republic of San Marino.
For newspapers and magazines operating in the territory of the Republic of San Marino shall mean the publications
:
a) in the territory have the same legal and administrative direction and at least one
preparation;
B) incorporate an facades number of no less than four;
C) have a percentage of pubblicitaro content not more than forty percent of the total
publication.
They are subject to the registration of the document referred to in the first paragraph
publishers of daily newspapers and periodicals wishing to make use of public funds for this purpose should
deposit, at the time of the entry requested in register:
a) statement with notarized signature of the owner or legal representative of the company,
by indicating in particular the name or trade name and the domicile of the individual company
holders, the natural person , members of society who have the owner of the publication,
well as those who perform the activity on the publication of the publication itself;
B) copy of the articles of the Statute and DELV Assembly rbale who introduced
appointment of company officers in charge, in case the company is incorporated as a
society;
C) a statement containing the list of published and checked and tested for each
details of the place of publication;
D) copies of any agreements with other companies for the production or purchase of goods and
common services;
E) statement with notarized signature of the head director of the heads journalistic
, showing the name and address it as well as possible inclusion
roll of journalists.
Publishers of daily newspapers and periodicals sure this exercise this activity exclusively or predominantly
and therefore can not be registered in the Register referred to in the first paragraph
while maintaining the ability to continue editing tested wings, are not subject to the obligations and
to the facilities provided by this Act.
Companies operating in the field covered by this law must submit, within thirty
June each year, the Guarantor Authority for Information, who takes care of the deposit with the
register, copy of financial statements for all ' previous year which must be drawn up with reference
enterprises, as regards the status Asset, and individual companies or tested, as
regards the account of profits and losses.
E 'obligation to the subjects mentioned in the third paragraph of this article communicate
Guarantor Authority for Information, trena days later, the transfer of companies or warheads, and
each incorporation of total rights or partial dividend on the company, as well as any change in the following
as evidenced in the preceding paragraphs.
Businesses that do not comply with the provisions of the two preceding paragraphs are
excluded from the payment of government grants.

Art.3 Prohibition of dominant positions and cartels limiting the pluralism
understandings, agreements between undertakings and concerted practices which have as their object
are banned, or has or may have the effect of restricting or distorting pluralism
information or competition between firms in the field op rants of mass communication.
And 'it is forbidden the acquisition, in any form and way, of dominant positions in the area
information.
Considering the dominant position of the subject, company, group of companies or businesses
interlinked that reach to edit, or control companies that edit:
a) a number of daily newspapers and / or periodic GHER to sup 60% of those published in the previous calendar
in the Republic and provided there is more than a newspaper daily and / or periodic
;

B) a number of daily and / or magazines that have sold in the previous year
over 50% of total units sold by the daily newspapers and / or magazines
in the territory of the Republic.
The limits referred to in the preceding paragraph shall be reduced by one fifth if the subject,
the company, the group of undertakings or businesses connected together Edition issues simultaneously
daily and weekly newspapers, and provided that the total circulation in either industry
exceed 50% of the total circulation in each of the two sectors.
It also intends to dominance of the subject who, through
companies directly or indirectly controlled or collegat, collect over 60% of total advertising revenues
in the areas covered by this law.
the successor in title is are null the acts and contracts for the sale of newspapers and transfer inter vivos of
stocks, shares or units of ent publishing daily newspapers ownership on the ground, due to the transfer
, to take a dominance of the publishing market.

Art.4 Institution information Guarantor
And 'it established the Authority Guarantor of information, which is exercised by the Commission of
Watch out in 41 of the Law of 27 April 1989.
The Guarantor Authority shall exercise the following powers:
- carefully keeping the register of companies referred to in Article 2;
- Assessing the elements in its possession and those brought to its attention by anyone who is
interest, exercising powers of investigation and verification in order to avoid restrictions or distortions of
pluralism, concentration between companies in the sector, as
provisions of this law, also in order to ensure transparency of ownership structures;
- Out of the inquiry, order the undertakings concerned to suspend the acts done in
violation of the prohibitions provided for in this legg and exercises before the Commissioner of Law
an action for nullity of the acts referred the last paragraph of Article 3;
- Report annually to the Great and General Council, through the Secretary of State for
Information, on the state of publishing and operating the territory of the Republic;
- Exercise the other powers provided by this Act, including those relating to education and
decision on requests for providences mentioned in subsequent articles.

Art.5 Provvidenze for daily newspapers and periodicals
In order to promote pluralism of information system and its proper development, they
claim the qualifying initiatives and modernization of the sector, favoring
investments related to the acquisition and innovation structures and means of production | || information.
It is provided the following facilities to the publishers of newspapers of newspapers and periodicals
:
a) examination on a preferential credit applications facilitated, in accordance with the provisions of Article 7 of the Law 28
13 January 1993 (Facilitated Credit to Companies);
B) contribution of 10% on the cost of paper or computer media;
C) contribution of 30% on the cost arising from the provision of news by the major news agencies
service, up to a maximum of L.10.000.000 = for each head;
If a newspaper decides not to make use of zi News agency serve and then
of the contribution expected, will periodically contact the Information Department
to receive news published by news agencies with which the Department is connected;
D) access to tax relief, with the modalities provided for in Article 3 of Law 13 November 1987
137 "Measures for the containment of labor costs" to the extent of two points for each
journalist hired.
The publishing companies wishing to make use of the contributions referred to in subparagraphs b) and c) of the second paragraph
must submit an application no later than December 31 of each year, with the Secretariat of the Committee for Credit
Facilitated by Article 2 of Law 13 of January 28, 1993 (Credit
Facilitated the Company), by producing copies of the relevant invoices.
The extent of the facilities provided for in this Article may be varied by decree
reggenziale.

Art.6 allowed companies to the benefits
Are entitled to enjoy the benefits arranged with this Law, in addition to publishers of newspapers or periodicals
entered in the register of publishers, even the publishers of books,
limited to the providences of letters a) and b ) of the second paragraph of Article 5, provided
are in the area and continuously for at least six months.

Are excluded from the enjoyment of the benefits of the present Law:
a) publishing companies that undergo a change of ownership, which alters the
features possessed by the entry into force of this Act with the next
total or partial transfer, but decisive, of their control
editorial concentrations already operating outside the territory of the Republic;
B) publishing companies whose corporate capital or the Board of Directors, or
equivalent body, should be or become enacted to verything or in part by industrial companies or financial
not with that of ' journalistic initiative as the primary purpose of activities, or
still connected with them decisively;
C) publishing companies that are owners of more than one daily and periodical
tested in the territory of the Republic, except for only one of these titles;
D) publishing companies promoters of new daily newspapers and magazines in the territory of the Republic
if their partial or total control is in the hands of editorial concentrations
already operating in Italy;
E) publishing companies established in the territory of the Republic for printing with any
technological process and dissemination of the editions of daily declines
established outside the territory of the Republic, although not identical with headboard;
F) publishing companies whose managers directors have been convicted by a judgment which has the force
tried for libel two or more times. In that case, they can not
be entitled to the benefits for the period of two years from the last sentence. Art.7 Advertising


The State Secretariat for Information states, as part of the State Budget, a
annual sum to be allocated to the purchase of advertising space in the media
published by publishers listed on the register referred to in Article 2 for the needs of the Public Administration.
It will be revised by the Guarantor for the information, in consultation with the Secretary of State for
Information, acquire the space fairly and taking into account parameters such as employment levels
company and indexes of the head spreading. Art.8

Vocational training and scholarships for journalistic paticantato
The Congress of State, as part of vocational training programs,
felt the Guarantor Authority referred to in Article 4, it promotes the creation of special courses on skills most needed
professional staff of the media locals.
The courses referred to in the previous paragraph are managed directly or by convention
with public or private organizations or enterprises with the competition in the industry or with facilities or university
journalism schools.
In order to increase the formation of new journalistic cadres, the Secretary of State for Information
establishing scholarships for starting the journalistic profession. Art.9


Special Contributions The periodic newspapers of parties, movements or associations non-profit - excluding
those printed by the State or public bodies, of those who have purpose
mainly advertising or commercial information and promotion and those
characters having the occasional and non-continuous publication - are entitled to a public contribution
established annually for reggenziale decree and are not subject to the procedures and
rules established in the preceding articles.





Art.10 Admission procedure to the special contributions
The Director of the magazine, or the Manager, pr
benefit from the provisions of Article 9 must:
a) filed with the Secretariat of State for Information application on stamped paper, with indication of
name of the magazine and head of the office of the same;
B) declare in writing under its responsibility, the number of copies placed in
distribution for each publication;
C) forward the Secretariat of State for Information three copies of each publication.
The State Secretariat for Information will render its decision on the application within five days after the deposit of the same
, notifying the responsible Director
by registered letter.

Art.11 Final provisions and repeal
The publishers of daily and periodic newspapers compulsorily
enrollment in the register referred to in Article 2 of this Act, the disposizini
not apply to Articles 22, 24, 25, and 26 ° Cap.V of Law May 28, 1881 "Law on printing
crimes."
They are hereby repealed Articles 8 and 9 of Law 38 of April 28, 1982.
Art.12 Entry into force


This Law shall enter into force on the fifth day following that of its legal publication
.


Our Residence, this day of February 16 1998/1697 dFR

THE CAPTAINS REGENT
Luigi Mazza - Marino Zanotti





THE SECRETARY OF STATE FOR INTERNAL AFFAIRS