APPENDIX THREE

TRANSLATION OF THE PRESS LAW OF 1995

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Palestine National Authority

Press Law

1995

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Chairman of the Executive Committee of the Palestine Liberation

Organization (PLO)

President of the Palestine National Authority (PNA)

 

 

 

Having seen law No. 5/1995 concerning the transfer of authorities and jurisdictions, Press law No. 3/1933 still enforced at Gaza strip, and press law No. 16/1967 applicable in the Palestinian West-Bank.

Pursuant to the approval of the PA Council of Ministers on June 17,1995 and in accordance with the submission of the Minister of Information, the following law has been enacted:

Article (1)

The following words and sub-phrases will be construed whenever mentioned by this .law, according to the designated meanings opposite each unless it has been stated otherwise:

The Ninistry: The Ministry of Information.

The Minister: The Minister of Information.

The Director: Director-General of Publishing and Printing.

The Party: The party legally recognized by the PNA and holding a valid license from the Authority.

The Person: The legal person.

Printed Material: Every publication where words, or figures in letters, photographs, drawings, pressure or inscription have been included therein.

Periodical Print: Specialized press print with different types issued at intervals comprising

A- The Press Print consisting of:

1. Daily Print: Each print issued continuously on daily basis under certain and serial number for distribution free of charge or at cost.

2. Non-Daily Print: Each print issued on weekly basis or lesser or longer periods ready for distribution either free of charge or at a certain price.

B. The Specialized Print: Any print specializing in one or more subject in defined fields available for distribution on the interested persons or the public as specified by the license of issuance.

C. News Agency Bulletin : It is a prepared print for providing press corporations with news articles, photographs, and drawings released on a daily, weekly, monthly and quarterly basis or otherwise.

The Press: The profession of editing and releasing the press publications.

The Journalist: He who has taken the press as a source of living under the provisions of this law.

The Printing House: Various types and forms of systems and equipments used for producing publications. However, this definition does not cover the typewriter, the printer, duplicating machine and photocopying machines.

The Library: A licensed commercial building for selling books, writing materials, newspapers, magazines, and other publications.

Publishing House: A corporation administering the preparation, production and selling of publications.

Distribution House: A corporation responsible for the distribution or selling of publications.

The Press Office: It is an office in charge of combining information, news, and press reports from its various sources through different techniques and its distribution over different information media.

Advertisement Office: It is the office responsible for commercial advertisement, production of its relevant materials, and its publication or transmission via different information media.

Study & Research House: A corporation entrusted with the performance of studies and research works, rendering consultancy services in the social, cultural, economic, and human spheres and other aspects.

Public Opinion and Research House: A corporation dealing with conducting field research programs in order to probe different points of view of public opinion concerning a certain subject through probing means or legitimate probing methods,

The Translation House: A corporation entrusted with translation services from language to another including spontaneous translation.

Article (2)

Press and Printing are free. Furthermore, the freedom of opinion should be entitled every Palestinian individual who attains the absolute right to express his opinion in a free manner either verbally, in writing, photography or drawing as different means of expression and information.

Article (3)

The press should exercise its profession in a free manner in the process of presenting news, information, and commentaries. It contributes to the dissemination of ideas culture, and sciences within the limits of the law and the framework of maintaining public freedom, rights, public duties, and respect to the privacy of others and ensuring itssanctity.

Article (4)

The freedom of press covers the Following points:

A. Providing the Palestinian citizen with facts, and information at all local, Arab, Islamic, and international levels.

B. Giving all citizens the opportunity to publish their opinions.

C. Scrutinizing the various sources of information, news, and statistics that are of interest to the Palestinian individuals, and the analysis, publishing, and commenting thereupon within the limits of the law.

D. The right of the press print, the news agency, the news editor, and the pressman to uphold the secrecy of the obtained sources of information and news unless the court has decided otherwise while reviewing criminal cases in order to maintain and defend the security of the state or to prevent a crime or to realize justice.

E. All citizens, political parties, cultural or social institutions, and unions should be entitled the right of full expression while exercising their various activities through publications.

Article (5)

Any individual, whosoever, including political parties, should be assigned the right of possessing and issuing press prints by virtue of the provisions of this law.

Article (6)

The official authorities should facilitate the mission of the journalists and researchers by advising them of anticipated programs and projects.

Article (7)

  1. It is inadmissible to publish in the printed publication any materials which may contradict with the principle of freedom, national responsibilities, human rights, and the respect of truth. It must also consider the right of thinking, opinion, and expression

  2. The periodical prints addressed to children and teenagers should not include any photographs or stories, or scripts, or news which could hamper morals. values, and Palestinian traditions.

Article (8)

The journalist and all persons dealing with this profession, should fully respect the rules and the ethics of this profession, including the abidance by the following obligations

A. Respecting the rights of the individuals and their constitutional freedom, and non-interference in their private life.

B. Presenting the press material in an objective, integrated, and balanced form

C. Striving for accuracy, integrity, and objectivity in presenting news and main events.

D. To refrain from publishing whatever may instigate violence, fanaticism, and hatred, or invites racism and sectarianism.

E. Non-exploitation of the press material in commercial advertisements with the aim of upgrading or decreasing the value of a certain product

Article (9)

A. The periodical print must rely on in its resources as defined, legitimate sources, and is prohibited thereon to receive any material support or instructions from any foreign country.

B. Each periodical print wishing to receive financial support from foreign non-governmental organizations should apply with the Ministry of Information and receives prior approval on such support.

Article (10)

The journalist, or whoever works in the press are prohibited from establishing a business- like relationship with any foreign body, unless it has been established by the rules of the foreign information media correspondence system issued by the virtue of this law.

Article (11)

1. Each press print must have a responsible editor-in-chief attaining the following qualifications:

A. To be a journalist

B. To have a good command of the language of the periodical print for whom he was appointed editor-in-chief. If the periodprint is issued in more than one language, he must have full command of the basic language and have sufficient knowledge of other languages.

C. Prohibiting the position of editchieffor more than one periodical print.

D. Prohibiting the editor-in-chief from accepting any other job in the same periodical print, or at other periodical prints.

E. Not convicted by a court verdict in an irmmoral crime, felony, or misdemeanour.

F. Having a democile in Palestine unless circumstances prompts otherwise.

G. Not falling within the category of persons entitled to judicial immunity, by virtue of law.

2. Unless otherwise prescribed in items B, E and F, the provisions of the previous paragraphs are not applicable to the editor-in-chief of the printed material issued by a party.

Article (12)

The editor-in-chief should be responsible for whatever has been published print in the press for which he is appointed as such. However, the owner of the print and the writer of the editorial published therein are solely responsible for its contents.

Article (13)

The specialized print must employ an editor-in-chief ' who will be responsible for whatever may be published therein, having the following qualifications:

1. To be a Palestinian.

2 Non Palestinian nationals who have worked with the Palestine Liberation Organization.

3. Not convicted in a felony or a misdemeanor pertinent to immorality or dishonesty.

4. Holder of a scientific degree closely connected with the specialization of the press print or having experience at the same field, to qualify him for work at the press print with the exception of that issued by a party.

B. Non journalists attain the absolute right to be nominated editors-in-chief responsible for a specialized press print whose subjects fall within the field of his specialization.

Article (14)

Each publication house, study and research house, public opinion probing center, press office, translation house, advertisement office, distribution house, and library, must employ a responsible director attaining the following qualifications:

A. To be a Palestinian

B. To have served with the PLO for those who are not of a Palestinian nationality

C. Not convicted in a felony or a misdemeanour pertinent to immorality or dishonesty

D. Holder of high school diploma and acquiring thereafter appropriate experience in the scope of work he was assigned to if he was nominated to hold the position of a responsible director to a publication house, translation house, or advertising office.

E. Holder of a university degree and acquiring appropriate experience in the field of work he was assigned to if he were to be nominated for the post of a responsible director for research and study department, public opinion center or the press office.

Article (15)

A person is strictly prohibited to hold the position of a responsible director for more than one corporation among those prescribed in by article (1 4) of this law.

Article (16)

It is stipulated for the owner of the periodical print to attain the following qualifications:

A. To be a Palestinian and residing in Palestine,

B. Non-resident Palestinians should seek the prior consent of the Ministry of Interior

C. Not convicted in a felony or misdemeanour pertinent to immorality or dishonesty

Article (17)

A. The license for issuing a press print will be granted for the following bodies:

1. The defined journalist by this law acquiring the prescribed conditions therein

2. The press corporation duly established and registered for the purpose of issuing press publications.

3. The political party.

B. The Minister is empowered, upon the recommendation of the Director, to give a license for the purpose of issuing bulletins to the following bodies:

1. A Palestinian news agency

2. A foreign news agency in accordance with the principle of reciprocity and provided that the responsible editor- in-chief for this bulletin is a Palestinian journalist.

Article (18)

The application, submitted for issuance of a license for a press print, should contain the following details:

A. The name, domicile, and address of the applicant.

B. The name of the print and the place of issuing and printing.

C. Date of issue specifying whether the print is daily, weekly, biweekly, or quarterly otherwise.

D. Field of specialization by outlining whether it was a political, cultural, or economic print.

E. Language or languages of issue.

F. Name of the responsible editor-in-chief, his age domicile, address, education degree, and employment experience.

G. The authorized capital of the press print.

H Affixing his signature on a bank guarantee in which he commits himself to depot wages and expenses for the employees to a minimum period of six months excluding literature and art prints issued by cultural, literary, and art unions

Article (19)

Applications for obtaining a license for a specialized print, should be submitted to d Director on the form especially prepared for this purpose. The Minister should, upon the recommendations of the Director, issue a decision within a maximum period of (30) days starting from the date of submitting the application. However, the Minister's decision of non approval must be justified and liable for appeal at the High Court of Justice

Article (20)

A. Application for obtaining a license for the establishment of a library, a publishing house, a distribution house, research and study house, public opinion probing center, the press office, the translation house or the advertising office, should be submitted to the Director on the form duly prepared for this purpose. The Minister should upon the recommendations of the Director, issue a decision within a maximum period of ( 30 ) days from the date of submission. However, the Minister's decision of non approval must be justified and liable for appeal at the High Court of Justice.

B. Relevant information and formalities pertinent to the license application as prescribed by sub paragraph ( A ) of this article, including inserting changes or modifications to the context of the license and procedures of relinquishing same, must be outlined by a special system due to be issued by virtue of this law.

C, It should be considered established on sound correct basis, even though its present composition does not conform with the provisions of this law, all print houses, publishing houses, libraries, and publications, enforced prior to the dale of issuing this law in the formal gazette provided that the owners of these establishments should submit within ( 60 ) days of enforcing this law supporting documents to the Ministry

Article (21)

A. It has been stipulated for issuing a license for a daily press print, that its registered capital shouldn't be less than ( 25 ) thousand Jordanian Dinars.

B. It has been stipulated for issuing a license for non-daily press print, that its registered capital shouldn' t be less than (I 0) thousand J.D.

C. The daily and non-daily, press prints due to be issued by any political party should be excluded from the minimum limits of the capital prescribed in sub-paragraphs (A) and (B) of this article

Article (22)

The owner of the press print is hereby required to publicize in a prominent and clear place, his name and that of the editor-in-chief of this print alongwith the place and date of issue, the amount of subscription therein, and the name of the print house where it has been printed He is also required to submit a written notice to the Director in case of affecting any alterations or modifications as to the context of the license within a specified period of ( 30 ) days from the day of alteration or modification

Article (23)

Excluding the press print issued by the political parties, the license of the print will be considered canceled and invalid by law in any of the following cases:

A. If the press print was not released within ( 6 ) months from the date of issuing the license

B. If the undermentioned press print stopped from issuance without a jureason acceptable by the Minister i .e ,

1. The daily print for three consecutive months.

2. The weekly print for twelve consecutive months.

3. Periodical prints issued at more than a one week period, if it has failed to release four consecutive editions.

Article (24)

Wthioutprejudice the prescribed conditions under this law, the license of a press print is given to the owner who can cede part of all his rights to third persons under the following conditions:

A. The assignor should notify the Director with his intention to cede part or all of hisrights one month ahead .

B. The assignee should attain the conditions prescribed under this law which permit the ownership of the press print or any part thereof.

C. The assignee should submit an application to the Director within ( 30 ) days priori to the set date for cession expressing his willingness to own the press print.

D. Cession formalities should be performed at the headquarters of the Ministry in accordance with procedures outlined by the Minister via instructions issued for this purpose.

Article (25)

if the press print had published false news or an article entailing inaccurate information, the affected person will be entitled the right of comment or sue the press print to rectify the error. The editor-in-chief is obligated to publish the reply or the rectification free of charge in the edition issued after receiving the reply in the same place and by the same letters of the first misleading item or article in the press print.

Article (26)

If the press print bad published false news or an article entailing inaccurate information pertinent to the public interest, the editor-in-chief is obligated to publish the reply or the written rectification arriving from the concerned body, free of charge in the ensuing edition to receiving the reply or the rectification at the same place letters of the first misleading item or article in the press print.

Article (27)

The provisions of clauses (25) of this law are applicable to any press print outside Palestine and distributed inside it.

Article (28)

The responsible editor-in-chief of the press print attains the absolute right to withhold publishing the reply or rectification prescribed by clauses (25) and (26) of this law under any of the following cases:

  1. If the press print has rectified the error before receiving the reply or the correction.

  2. If the reply or the correction was signed by false signature or written in irrelevant language to that of the edited erroneous item or article.

  3. If the context of the reply or correction was made in violation to law and public order or inconsistent with public morals

D- If the reply was received two months at least from the date of publishing the item or the article unless there was a convincing reason for this delay.

Article (29)

If the responsible authority for any print issued outside Palestine and distributed inside it, refused to publish the reply or the rectification in accordance with the provision s of article (27) of this law, the Minister is entitled, upon the recommendation of the Director, to take whatever he may deems appropriate therein.

Article (30)

Each print must entail the name of its author, the publication house where it has been printed, and the date of printing,

Article (31)

It is strictly forbidden to use the title of a formerly issued and then suspended press print, by a new press print except after the elapse of ( 5 ) years from tile date of suspension, unless those in charge or their successors have ceded their right to that title before the termination of the said period.

Article (32)

The responsible editor-in-chief is strictly prohibited to publish any article for any person under a nickname, unless the writer has revealed his true name.

Article (33)

The owner of the printing house or its responsible manager should abide by the following:

A. To keep records where the headlines of the printed article, names of its writers, and the number of painted copies per each, are written in serial numbers.

B. To deposit at the Publishing Department of the Ministry four copies of each printed material at his printing establishment prior to its distribution.

Article (34)

Who he wishes to import any periodical print from abroad, should notify the Ministry two weeks ahead, as a minimum period.

Article (35)

Each distribution house or whoever wants to import periodical prints consisting of magazines or newspapers and the other-likes should obtain a license from the Ministry even for a single time.

Article (36)

He who wishes to sell newspapers or books or photographs or drawings and other .Publications, is required to obtain a license from the Ministry. The license is being issued according to an application submitted to the Ministry entailing the name, nickname, profession, age, and the of domicile of the applicant. A copy of this identification card and two personal photographs should also be attached.

Article (37)

A. It is strictly prohibited by each print to publish the following:

1. Any secret information about police and security forces, its armament or locations or movements or military drills.

2. Articles and materials harmful to religious and doctrines guaranteed by law

3. articles which may cause harm to national unity or incite for committing crimes or planting seeds of hatred, dissension, and disunity, or instigate hostilities and sectarianism among the members of society

4. The Minutes of secret sessions of the Palestinian National Council and the Council of Ministers of Palestinian National Authority (PNA).

5. The articles and the news which aim at shaking belief in the national currency.

6. Articles and news which may infringe on the individual's dignity or personal convictions and liberties and harmful to personal reputation.

7. News, reports, letters, editorials, and pictures inconsistent with morals.

8. Drugs or medical products or cigarette advertisements and the otherlinks unless advertisement has been permitted in advance by the Ministry of Health.

B. It is strictly forbidden to import publications from abroad if it has been containing prohibited materials for publishing by virtue of this law.

Article (38)

The provisions of this law pertinent to importing prohibited publications, should not be applicable over all imported materials by government corporations, universities, and scientific research centers provided that the Minister’s prior approval must be obtained.

Article (39)

It is strictly prohibited to publish the proceedings of courts at any lawsuit before the issuance of a final verdict. It is also prohibited to publish such proceedings at a lawsuit pertinent to under 16 years old individuals unless it has been admissable by court.

Article (40)

If any print has published press investigations or news for a certain individual or body in return for 3 defininte amount of money, the print should clarify that it pertains to an advertising material.

Article (41)

The owner and the manager in charge of the publications house are prohibited to print any press print which had been prohibited from publishing or marketing or printing.

Article (42)

The competent court will look into all violations committed in contrast with the Provisions of this law. However, the public prosecutor will be entrusted with investigating the validity of powers and procedures prescribed by applicable penalty codes

B. A public right lawsuit will be lodged in connection to periodical publications crimes prescribed by this law, against the editor-in-chief of the print and the writer of the article in their capacity as original perpetrators, while the owner of the press print will be responsible alongwith both (i.e) editor and writer of the articles for the private rights arising from these crimes and for court charges. The owner of the print shouldn't bear any criminal responsibilities unless it has been proved otherwise.

C. A public right lawsuit will be lodged in connection to non-periodical publication crimes, prescribed by this law, against the author as the original culprit and the publisher as accomplice. If the author of the print or the publisher were unknown, the owner of the publication house will be sued

D. The owners of publishing, libraries, and distributing houses should be held jointly responsible for the personal right, and court charges issued against tstaff in pubcases covered by the provisions of this law.

Article (43)

A. The court issuing the verdict is empowered to order the convicted person to publish the text of the final sentence free of charge, or publish a summary therefrom at the first edition of the ensuing periodical print due to be released after notifying him with the verdict at the same place in the print where the article, subject of the complaint, has been first published at the same initial letters. The court is also empowered, if it has deerned it appropriate, to order the publishing of the verdict or a summary thereof at two other newspapers at the expense of the convicted.

B. If the convicted person has contravened the provisions of sub-paragraph ( A ) of this article, he should be punishable for at least one month in jail or a fine not less than JD(500) five hundred Jordanian Dinars but not exceeding JD(l500) one thousand five hundred Jordanian Dinars or by both penalties in addition to publishing the verdict at his own expense.

Article (44)

If the editor-in-chief of the press print, has contravened the provisions of articles ( 25) and ( 26 ) of this law, he will be punishable with at least one month prison term or a fine not less than JD(500) five hundred Jordanian Dinars but not exceeding JD(l500) one thousand five hundred Jordanian Dinars or by both penalities in compliance with the complaint of the affected person.

Article (45)

A. He who contravenes the provision of article (9) of this law should be punishable by a minimum period of four months and a maximum period of six months in jail or by a fine not less that JD(4,000) four thousand Jordanian Dinars but not exceeding JD(6,000) six thousand Jordanian Dinars. The court orders the reimbursement of any amount paid for third person to the account of treasury.

Article (46)

He who contravenes the provisions of article ( 41 ) of this law, should be punishable by a fine not less than JD (500) five hundred Jordanian Dinars. However, if the owner of the publishing house was legal person, he should be fined by at least JD (2,000) but not more than JD(5,000) or two months in jail or by both penalities.

Article (47)

He who contravenes the provisions of article (37) of this law, in addition to other penalties prescribed herein, the competent authority is empowered by an administrative ruling, to seize and confiscate all printed copies issued at that date. However, the court can also order a temporary suspension of the involved print for a specified period not exceeding three months.

Article (48)

The perpetrator of any other violation committed in contrast to the provisions of this law and no definite penalty has been prescribed for, is liable for a fine not exceeding JD(1000) one thousand Jordanian Dinars or one month in jail or by both penalties.

The Minister is entitled to issue all decisions and resolutions pertinent to the execution of the provision of this law.

Article (49)

Abrogating press law No 3/933, enforced in Gaza strip, and press law No.16/1967 applicable in the West Bank or any provisions irrelevant to the provisions of this law.

Article (50)

All the competent authorities, each in field of specialisation, are hereby required to implement this law which will be effective within thirty days of the date of publishing this law in the official gazette.

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Issued in Gaza City on 25/6/1995

Signed by

Yasser Arafat

Chairman of the Executive Committee of the Palestine

Liberation Organization

And President of the Palestinian National Authority

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Translation Department, Directorate of External Media and Relations Ministry of Information

(Whenever a misinterpretation or contradiction occurs between the Arabic and the English version, the Arabic text will govern the official reference.)

 

Notes to the Report

1. Article 19 of the Publication Law, issued by the British High Commssioner, on 19 January 1933. As each regime has taken power in the Occupied Territories it has passed legislation retaining all earlier legislation. Thus, some of the laws of the British Mandate period can still be invoked.

2. Article 20 of the Publications Law of 1933.

3. Article 87. British Defence (Emergency) Regulations of 1945.

4. Article 88, British Defence (Emergency) Regulations of 1945.

5. Article 94, British Defence (Emergency) Regulations of 1945.

6. Article 96. British Defence (Emergency) Regulations of 1945.

7. The British Defence (Emergency) Regulations of 1945 were, in fact, repealed. The Foreign Office of her Majesty's Government confirmed in a letter dated 22 April 1987 that "in view of the revocation order in Council e 1948, the Palestine (Defence) Order in Council of 1937,and the Defence Regulations, 1945, made under it are, as a matter of English law, no longer in force" (Occupier's Law, Raja Shehadeh, Institute of Palestine Studies)

8. Article 1 of Order No.22, issued by the Egyptian Administrative Governor of the Gaza Strip on 21 June 1948, imposed a censorship on "all writings, publications, pictures, parcels" coming to the Gaza Strip from abroad and being sent abroad from Gaza. The order covered the exchange of information through cable, telephone, wireless, letters and all news and information transmitted.

9. Article 3 of Order No.22, 1948, issued by the Egyptian Administrative Governor of the Gaza Strip.

10. In May 1962, under the new constitutional system of the Gaza Strip, the Palestinian Legislative Council reaffirmed earlier law. Article 12 guaranteed the freedom of expression and opinion and Article 69 restricted this to all laws existing at the time.

11. Article 2 of Israel Military Order No.2 issued on 8 June 1967 by the Commander of the IDF in the Gaza Strip and North Sinai. A similar Order No. 1 was issued covering the West Bank.

12. The Israeli occupying forces relied heavily on the British Defence (Emergency) Regulations of 1945 to carry out extra-judicial punishments, house demolitions, deportations and administrative detention.

13. Israeli Military Order No.51 was introduced in July 1967 and concerned the Gaza Strip. Israeli Military Order No. 50 was introduced by the Israeli military commander in August 1967, and covered the West Bank.

14. There were absurd situations when articles were censored in Arab newspapers, reproduced verbatim in Israeli newspapers, but then the censor would permit publication of the Israeli article verbatim in the original Arab newspaper.

15. The Cairo Agreement between the PLO and the Government of Israel under Article VI, Powers and Responsibilities of the Palestinian Authority, states that it has legislative powers. These powers are set out in more detail in Article VII of the Agreement.

16. Article VIII (9) of the Cairo Agreement states:

“Laws and military orders in effect in the Gaza Strip or the Jericho Area prior... shall remain in force, unless amended or abrogated in accordance with this agreement".

17. Article XIV, Human Rights and the Rule of Law, of the Cairo Agreement states:

"Israel and the Palestinian Authority shall exercise their powers and responsibilities... with due regard to internationally-accepted norms and principles of human rights and the rule of law”.

18. The Israeli Government has throughout the talks maintained that Israeli security was of the highest priority. This spectre shadowed all other questions including the human rights of the Palestinian people. Affirmative action against the opponents of the peace process in the autonomous areas was called for by Israel before concessions were obtained on the Palestinian side. The massive arrest campaigns and the state security courts are examples of the actions which the Palestinian Authority took against groups such as Hamas and other political opponents under the pressure from the Israel government.

19. President Arafat of the Palestinian Authority, issued decree No. 1 on 20 May 1995, this stated:

“Laws, regulations and orders practised before 5 June 1967 were to remain in force in Palestinian land'.

20. The Arabic original of the Press Law has 51 articles, whereas the English translation, issued by the Ministry 9 Information, has only 50 articles. The missing (Article 49) is the final sentence of Article 48 of the English translation.

21. The sanctions against such a contravention by a public servant are criminal prosecution and dismissal, though, it is also open to the government to ban publications which contravene official secrets. The publisher may respond to such bans by seeking judicial review of the decision.

22. Article 85(3) of Order No.555 issued by the Egyptian Administrative Governor in November 1957.

23. Article 80 of Order No. 555 issued by the Egyptian Administrative Governor in 1957.

24. In fact, the courts are applying law which existed prior to the Israeli occupation of 1967, in the autonomous of the Gaza Strip.

25. Article 37(a)(3) of the Publications Law of 1995.

26. Article 37(a)(5) of the Publications Law of 1995.

27. From a legal perspective, the continuation of the Israeli occupation, the denial of the right of self-determination, the violation of individual economic rights and the rights of the Palestinian people to develop make it unlikely in the foreseeable future that Palestinians will have their own currency.

28. Article 19 of the International Covenant of Civil and Political Rights states:

“(I) Everyone shall have the right to hold opinions without interference.

"(2) Everyone shall have the right to freedom of expression; this rights shall include freedom, to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

  1. Article 19(3) and Article 20 of the International Covenant of Civil and Political Rights.

  2. Article 2 provides that press and printing are free, and that all Palestinians have the freedom to hold opinion and to express them. Article 3 restates the freedom of the press, but includes some restrictions. Article 4 then further restricts the freedom of the press by specifying what this right means under the Press Law.

  3. Article VI(1)(a) of the Cairo Agreement signed between the Palestine Liberation Oraginsation and the Government of Israel.

  4. Article 7(1) of the Cairo Agreement.

  5. Article VII(9) of the Cairo Agreement.

  6. Law No.4 of 1995, states the procedures for legislation by the Palestinian Authority, dated 20 May 1994.

  7. According to Article 28 of the Palestinian constitution of 1962, the executive is empowered to legislate and these decisions have the power of law. But power can only be exercised if conditions require the taking of urgent measures that cannot be postponed. These decisions can be overturned by the legislative council when it is convened, but remain in force until such time as the Council cancels them.

 

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