In support of the latter position, the Amici Curiae cited the decision
in Miami Herald Publishing Co. Ltd vs. Turnillo 418 US 241
(1974) where it was held that editorial content and judgment is the
choice of a newspaper and it had not been demonstrated in that
case that governmental regulation in that regard is consistent with
inter alia, the guarantee to a free press.
Further, that the UN Special Rapporteur on Freedom of
Expression and Opinion stated that if a right of reply should exist,
it should ideally be part of the industry’s self-regulation and in any
case, it should only be feasible when applied to facts and not to
opinions. That the same position was taken by the Europe
Committee of Ministers in its Resolution 74(2)) of 2nd July,
1974 while Slovakia amended its law to limit the right of reply
regarding comments made about public officials in their individual
capacities only.
d) Disclosure of sources under Article 20 of the Press Law
The Amici Curiae submitted that the requirements that journalists
should disclose the identities of their confidential sources that have
provided information relating to offences against state security,
public order, state defence secrets, moral and physical integrity of
one or more persons, is an affront to democracy.
Reliance in buttressing the above submission was placed on the
decision in Goodwin vs. UK (1996) 22 EHRR123 and the
Supreme Court of Canada decision in R. vs. National Post 2010
SCC 16.
e) Fines and Penalties in Articles 56-64 and 66-69:
The submissions on this point were that fine-related Articles in the
Press Law are contrary to freedom of expression and freedom of the
Reference No. 5 of 2013
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