Article 43 — Liability for Crimes Committed through the Mass

Media. (1) Criminal liability for crimes committed through periodicals shall be as follows: (a) a person who was registered as editor in chief or deputy editor when the periodical was published shall be liable; (b) if no license existed when the periodical was published or if the editor-in-chief liable under sub-article (1)(a) was no longer qualified or has otherwise ceased to function as editor-in- chief the publisher shall be liable; (c) the publisher shall likewise be liable in cases in which the editor-in -chief was appointed merely for the sake of appearance, or was otherwise manifestly not in a position of exercising his powers at the time the periodical was published; (d) if a deputy acting as chief editor was not longer qualified at the time the periodical was published, or if his appointment had otherwise expired, or if he is unable to exercise his powers the editor-in-chief shall be liable; (e) where it is impossible to establish the identity of the publisher at the time of the publication of the periodical, the printer of the periodical shall be liable in lieu of the publisher; (f) when a person disseminated a periodical which does not indicate who the printer was, or if such a statement is known to the disseminator to be incorrect, and if the identity of the printer cannot be ascertained, the disseminator is liable in lieu of the printer; (g) in case of periodicals published abroad, the importer other than a person who imports the products for his personal use or any person who disseminates the press product shall be liable; (2) Criminal liability for crimes committed through non-periodical printed matters shall be as follows: (a) when crime is committed by means of printed matter other than a periodical the author is liable, provided that he has been named as the author of the matter. The author shall not be liable if the matter was published without his consent or if his name, pen-name, or pseudonym appeared therein against his wishes; The question who the author is may be raised in legal proceedings concerning crimes committed through publications other than periodicals. (b) if the author under sub-article (2)(a) of this Article is not liable for matter which includes or is intended to include contributions by several authors, and if a responsible editor had been nominated in a manner prescribed by law, the responsible editor shall be liable; (c) in the case of printed matter other than printed matter under sub-article (2)(b) of this Article, the responsible editor shall be liable only if the author was dead at the time of publication. However, the responsible editor is not liable if his name, pseudonym, or pen-name appeared against his consent; (d) the responsible editor of printed matter other than a periodical is taken to be the person who, without knowing the author, delivers it for printing and publication; (e) if neither the author nor the responsible editor under sub- article (2)(a), (b)and (c) of this Article is liable, or if he was dead when the matter was published, the publisher is liable; the publisher of printed matter other than a periodical is taken to be the person who has undertaken to print and publish the writings of another; (f) if there is no publisher, or the identity of the publisher cannot be ascertained, the printer of the material is liable in lieu of the publisher; (g) the provision of sub-article (2)(f) of this Article shall apply also in corresponding manner to the liability of a disseminator of printed matter other than a periodical. (3) Liability for crimes committed through broadcasting media shall rest with the person in charge of the programme; failing him, the licensee shall be liable. (4) If the person who would have been liable under Article 43 (1), (2) or (3) at the time of publication has no known place of abode in Ethiopia, and if his present whereabouts cannot be ascertained in the prosecution of the case, liability shall pass to the person next liable after him. (5) In determining the liability of a person under this Article for the crime committed through the product of mass media, the content of the matter shall be deemed to have been inserted, published or disseminated with his full knowledge and consent. No proof to the contrary may be admitted in such a case.