Law No. 76 of 1972 Concerning Publications
- Category: Laws
- Date: July 24, 1972
- No: 76
- Sector: Economy
- Tag: Publications
- Status: Effective
This document presents the translation of Law No. 76 of 1972 Concerning Publications, which regulates press freedom, printing, distribution, and publication ownership in Libya. The law establishes licensing requirements, content restrictions, and penalties for violations, ensuring compliance with national security, ethical journalism, and public interest standards.
In the Name of the People,
The Revolutionary Command Council,
Upon reviewing:
- The Constitutional Declaration was issued on 2 Shawwal 1389 AH, dated December 11, 1969.
- The Basic System of the Arab Socialist Union.
- Publications Law No. 11 of 1959 and its amendments.
- Law No. 78 of 1971 on regulating the Ministry of Information.
- The recommendations of the First National General Conference of the Arab Socialist Union concerning regulating the press.
- Based on the proposal of the Minister of Information and the approval of the Council of Ministers.
The following law is enacted:
Article 1
The press and printing are free. Every individual has the right to express their opinion and to disseminate views and news through various means, according to the constitutional rights regulated by this law and within the framework of society’s principles, values, and objectives.
Article 2
Pre-publication censorship of newspapers is prohibited. For this article, censorship refers to the oversight conducted by a censor on behalf of the Publications Administration or any other supervisory authority before a newspaper is published.
Article 3
- Publications: Includes all writings, drawings, pictures, or any other printed, drawn, or recorded material intended for circulation.
- Periodic Publications: Those issued continuously at scheduled intervals, such as daily and non-daily newspapers, magazines, and periodicals.
- Semi-Periodic Publications: Those issued continuously for distribution to specific entities as news or information sources but not directly presented to the public.
- Printing Press: Any machine or set of machines designed for printing words, drawings, or images for circulation.
- Circulation: The sale, display for sale, distribution, posting on walls, public display, or any other method that makes publications available to the public.
- Library: Any institution engaged in the trade of publications in various forms.
- Competent Minister: The Minister of Information or any person designated in their place by a Council of Ministers' decision.
Article 4
Each periodic or semi-periodic publication must have the following:
- An owner may be a public or private entity or an individual.
- A name under which it is identified.
- A specific field of journalistic activity.
- A board of directors comprising at least a chairperson and two members responsible for managing the publication and defining its general policies.
- An editor-in-chief is responsible for supervising the entire publication's content, or multiple editors-in-chief, each overseeing a specific section.
- A managing editor and a sufficient number of full-time journalists and technical staff proportional to the publication’s size.
- The publication's owner may also serve as the chairman of the board, a board member, or the editor-in-chief if they meet the qualifications specified in this law.
Article 5
A. The owner of a periodic or semi-periodic publication must:
- Be a citizen of the Libyan Arab Republic or the Union of Arab Republics.
- Be committed to the Arab Revolution, its objectives, and the principles and goals of the Arab Socialist Union.
- Be at least 25 years old.
- Reside permanently in the Libyan Arab Republic.
- Have full legal capacity and not be deprived of civil or political rights.
- Not hold any public office or official position in the Libyan Arab Republic or any foreign country.
- Not have been convicted of a felony or a dishonorable misdemeanor unless rehabilitated.
- Not have been convicted under the Illicit Gains Law No. 3 of 1970 or Articles 206, 207, 208, and 209 of the Penal Code, unless rehabilitated.
- Not be under prosecution by the Public Prosecutor's Office when applying for the publication license.
B. If a corporate entity owns the publication, it must be incorporated in the Libyan Arab Republic, and all founding members must meet the criteria outlined in the previous clause, except for condition (6).
Article 6
A. The chairman and members of the board of directors of a periodic or semi-periodic publication must meet the same conditions as the founding members outlined in Article 5(B).
B. The editor-in-chief must:
- Fulfill the conditions outlined in Article 5(A).
- Be a member of the Arab Socialist Union.
- Be proficient in the language in which the publication is issued.
- Hold a university degree or have at least five years of experience in journalism locally or abroad.
- They do not hold any other jobs other than their editorial role.
Article 7
In addition to the requirements stated in previous articles, individuals involved in the ownership, management, or editorial roles in publications must:
- Ensure objectivity and truthfulness in journalism.
- Verify the accuracy of information before publication and correct any errors.
- Obtain information through legal means.
- Avoid publishing material that is misleading, morally inappropriate, or defamatory.
- Not exploit journalism for personal gain.
Article 8
Periodic publications may specialize in political, economic, social, military, or other journalistic fields as determined by the competent minister. The minister shall regulate the number of authorized publications per field to ensure quality and efficiency.
Article 9
Anyone seeking to establish a periodic or semi-periodic publication must submit an application to the Publications Administration of the Ministry of Information, including:
- The applicant’s name, nationality, residence, and occupation.
- The name of the publication and its language.
- The headquarters and printing location.
- The publication's capital and financial details.
- Its field of specialization.
- The frequency of issuance and number of pages.
- The names, nationalities, and qualifications of its editors and management team.
The required supporting documents must accompany this application.
Article 10
After obtaining approval from the competent minister, the Director of the Publications Administration shall issue a decision granting or refusing the applicant’s license to establish a publication, with reasons for refusal.
If no decision is issued within thirty days from the date the application is submitted, it will be deemed rejected.
The applicant may appeal the rejection before the Council of Ministers within thirty days from the date of notification of rejection or the lapse of the thirty days without a decision.
Article 11
The owner of a periodic or semi-periodic publication must obtain prior approval from the Director of the Publications Administration before making any amendments to the license details.
If the amendment involves changing the board chairperson, a board member, or the editor-in-chief, the request must be signed by both the publication owner and the newly appointed individual.
The Director of the Publications Administration shall seek the opinion of the competent minister before approving such amendments.
Suppose a publication continues to be issued without adhering to this article’s provisions. In that case, the Director of the Publications Administration may suspend its issuance with the minister’s approval until compliance is achieved.
Any violation of a suspension decision may result in the competent minister canceling the publication license.
Article 12
Several periodic publications may be merged into a new publication, replacing the merged ones.
Additionally, one or more publications may be incorporated into an existing publication.
The merger or incorporation request must be jointly submitted by all involved publication owners to the Director of the Publications Administration.
A merger or incorporation license will only be granted if all conditions outlined in this law are met and with ministerial approval.
Article 13
If an editor-in-chief is temporarily absent, the publication owner must appoint a replacement from the publication’s staff who meets the necessary qualifications.
The Director of the Publications Administration must be notified of the appointment within three days by registered mail.
Failure to comply shall result in a fine of no less than fifty (50) dinars and no more than two hundred (200) dinars.
Article 14
Suppose the chairman of the board or the editor-in-chief of a publication loses any of the legally required qualifications or permanently ceases to oversee the publication. In that case, its issuance must be suspended until a qualified replacement is appointed within sixty (60) days.
The publication owner must notify the Publications Administration of such a change within seven (7) days.
Failure to comply may result in imprisonment for at least one month and a fine between one hundred (100) and four hundred (400) dinars or one of these penalties, in addition to the possible cancellation of the publication license.
Article 15
A publication license shall be revoked in the following cases:
- If the owner is a corporate entity whose legal status ceases to exist.
- If the publication owner was found to have lacked the legal qualifications required under Article 5, either at the time of licensing or afterward.
- If a board member or editor-in-chief loses their qualifications and is not replaced within sixty (60) days.
- If the publication is not issued within three (3) months of receiving the license.
- If a daily publication ceases circulation for seven consecutive issues or fourteen issues within a year without a valid excuse.
For non-daily publications, the cessation of three consecutive issues or six issues within a year may also result in license revocation.
The competent minister shall issue a revocation decision based on the Director of the Publications Administration’s report.
Such a decision shall be published in the Official Gazette.
Article 16
If the publication owner dies, their heirs must agree on a representative who meets the legal qualifications to manage the publication.
The license shall be deemed revoked if the owner fails to appoint a representative within three (3) months of the owner’s death.
Article 17
The publication owner may transfer ownership to another individual or entity, provided the new owner meets all legal qualifications.
The new owner assumes all rights and obligations associated with the publication.
The transfer must be approved by the Director of the Publications Administration, who must obtain ministerial approval before finalizing it.
Article 18
If a publication publishes false information affecting the public interest, the relevant authorities may demand that a correction, clarification, or retraction be published free of charge in the next issue.
The correction must be printed in the same section and format as the original content.
Refusal to publish the correction may result in imprisonment for at least six (6) months and a fine between six hundred (600) and one thousand (1,000) dinars or one of these penalties.
If a foreign publication publishes false content and refuses to publish the correction, it may be banned from entering the country by a ministerial decision.
Any person who deliberately publishes false information in bad faith shall be punished with at least one (1) year of imprisonment and a fine between six hundred (600) and one thousand (1,000) dinars.
Article 19
Anyone mentioned or referenced in a publication can reply under the same conditions outlined in Article 18.
If the individual passes away, their heirs may exercise this right once.
Heirs may also respond to defamatory publications concerning the deceased.
Article 20
A publication may refuse to publish a reply under the following circumstances:
- If the original publication has already been corrected appropriately.
- If the reply is illegible, written in a foreign language, or does not match the publication's language.
- If the reply contains illegal content, offensive language, or personal attacks.
- If the request for a reply is submitted more than two (2) months after the original publication.
- If the reply has already been published in another publication.
Article 21
If a publication refuses to publish a reply, the affected party may request that the President of the competent Court of First Instance issue an order requiring publication.
The request shall be immediately forwarded to the opposing party, who must respond in writing within twenty-four (24) hours.
The court must issue a ruling within three (3) days, and its decision shall be final.
If the court orders the reply to be published, it must be included in the next issue, and the publication bears all costs.
Article 22
If a publication refuses to comply with a court order to publish a reply, the responsible editor may face:
- At least one (1) year of imprisonment.
- A fine between four hundred (400) and one thousand (1,000) dinars.
Article 23
Each publication must be displayed in a designated area:
- The owner's name.
- The editor-in-chief’s name.
- The place of issuance.
- The publication date.
- The price and subscription fees.
- The printing location.
Article 24
A publication may not use a name that is already in use or closely resembles another existing publication unless:
- The previous publication has ceased operations for five (5) consecutive years.
- A license was issued but not used within six (6) months.
Violators shall be fined between one hundred (100) and six hundred (600) dinars.
Article 25
All journalists, correspondents, and photographers working for periodic or semi-periodic publications must obtain a press card from the Ministry of Information before commencing work.
Failure to comply shall result in imprisonment for at least six (6) months and a fine between two hundred (200) and four hundred (400) dinars or one of these penalties.
Article 26
Foreign correspondents working in the Libyan Arab Republic for newspapers, radio stations, and news agencies must obtain a permit from the Ministry of Information.
- Correspondents of foreign newspapers and news agencies must not be employed by the Libyan government, public institutions, or any foreign entity operating in Libya.
- Permits are valid for one (1) year and may be renewed.
Violators shall face imprisonment for at least six (6) months and a fine between two hundred (200) and four hundred (400) dinars or one of these penalties.
Article 27
The Ministry of Information, in coordination with the Ministries of Unity and Foreign Affairs, may request that a foreign journalist be banned from entering Libya if they are found to be publishing falsehoods, propaganda, or defamatory content intended to harm the country’s reputation.
Article 28
All foreign publications must be submitted to the Publications Administration before distribution in Libya.
- The Director of the Publications Administration, or their delegate, has the right to ban the distribution of any issue if it contains material that:
- Undermines national or regional unity.
- Contradicts religious beliefs.
- Opposes the principles of the revolution.
- Violates public morality.
- Threatens public security.
- Causes public unrest due to false information.
With the Council of Ministers' approval, the competent minister may ban the entry of any foreign publication for a specific period if it is deemed harmful to the country.
The Post Office and Customs Administration must immediately submit all imported publications to the Publications Administration, which has 48 hours to approve or reject their circulation.
Any individual who distributes a banned publication or publishes content from a banned publication may face:
- At least two (2) years of imprisonment.
- A fine between one thousand (1,000) and one thousand five hundred (1,500) dinars.
Article 29
It is prohibited to publish the following in any publication:
- Deliberations and decisions of the Revolutionary Command Council and Council of Ministers without official authorization.
- Military movements or details concerning the organization, mobilization, formations, numbers, weapons, locations, or training of armed forces personnel, except with permission from the General Commander of the Armed Forces.
- Confidential court proceedings and their official records.
- Cases for which courts have issued a publication ban.
- Criticism or questioning of the revolution’s goals and principles.
- Calls for class or individual rule.
- Defamation of religions or sects.
- Content that undermines public morality or defames individuals or families.
- Images of executed individuals unless approved by competent authorities.
- Details of customs tariffs, pricing regulations, import fees, or currency-related decisions before official publication.
- Reports that present only the negative aspects of issues while deliberately omitting positive elements to mislead the public.
- Content that incites sectarian strife, revenge, or tribal conflicts.
- News that could devalue the national currency government bonds or harm public confidence in Libya’s economy.
Violators may face imprisonment and a fine not exceeding one thousand (1,000) dinars.
In addition, the competent minister may issue an order to suspend the publication.
Article 30
Owners of periodic and semi-periodic publications must prepare an annual financial statement detailing:
- Revenues and expenditures.
- Advertising income, sales, and funding sources.
A certified auditor shall:
- Review the publication’s accounts.
- Ensure compliance with legal expenditure procedures.
- Submit an annual report on the publication’s financial status.
Each publication must maintain officially registered financial records, subject to audits by:
- The Publications Administration.
- The State Audit Bureau.
If a publication fails to declare its funding sources or if its losses exceed its owner’s financial capacity, the Director of the Publications Administration, with ministerial approval, may revoke its license.
Publication owners, board members, and editors-in-chief must comply with Illicit Gains Law No. 3 of 1970.
They must submit:
- A financial disclosure statement (including assets, spouse’s, and children’s assets) within three (3) months of the law’s enactment.
- An updated financial disclosure every six (6) months or upon request.
- A final financial disclosure within thirty (30) days of resigning from their position.
Article 31
- The writer and editor-in-chief shall bear primary legal responsibility for any offenses committed through published content.
- Publication owners and board members shall not bear criminal liability unless they directly participated in the offense.
- Publishers, printing press owners, and bookshops shall be jointly liable for civil damages and legal costs incurred due to publication-related offenses.
Article 32
Anyone who defames, insults, or slanders another person in a publication shall be prosecuted under criminal law.
- The writer and editor-in-chief shall be held primarily liable.
- Defendants may only avoid liability if they provide truthful evidence regarding:
- Government institutions, legislative bodies, and judicial authorities.
- Public officials, candidates, or witnesses in official testimonies.
- Individuals benefiting illegally from public institutions or depriving others of rights.
Defamation cases may only be initiated upon the victim's request.
Article 33
If a publication incites rebellion against the state, threatens public security, or disrupts social order, the competent minister may issue an order to seize the publication.
- The matter must be immediately referred to the Public Prosecutor’s Office.
- The publication must be released if the prosecution does not confirm the seizure order within one week.
- If confirmed, the case will be referred to court, which may:
- Confirm or revoke the seizure order.
- Temporarily suspend the publication.
- Revoke the publication license.
If the publication is not found guilty, the owner may seek compensation.
Article 34
If a person is convicted under this law, the court may suspend the publication for up to six (6) months.
If the conviction leads to a license revocation, the individual may not:
- Work in another publication.
- Obtain a new publication license for the period specified by the court.
Article 35
A specialized public prosecution office shall handle press-related offenses to ensure expedited proceedings.
Legal action for violations of Articles 18, 22, 25, 26, 28, 29, and 32 shall require:
- Approval from the competent minister.
- Consent of the affected party, if required by law.
Article 36
Any person intending to sell or offer for sale newspapers, books, magazines, pictures, drawings, or other publications in a public place must obtain a license from the Director of the Publications Administration after approval from the Deputy Minister of Information.
- The application must include the applicant’s name, surname, profession, and residence.
- The license is valid for one (1) year and may be renewed at least one (1) month before expiration.
- The applicant must be literate in reading and writing.
Failure to obtain the required license shall result in:
- Imprisonment for up to one (1) month, or
- A fine of up to one hundred (100) dinars, in addition to
- Confiscation of the publications and possible closure of the shop.
Article 37
Anyone who sells or distributes a publication that has been banned shall be punished with:
- Imprisonment for at least one (1) year.
- A fine between two hundred (200) and seven hundred (700) dinars.
This does not exempt the offender from harsher penalties imposed under other laws.
Article 38
No person may establish or operate a printing press without obtaining a license from the Director of the Publications Administration, with approval from the Deputy Minister of Information and other relevant authorities.
Violators shall face:
- Imprisonment for at least two (2) years.
- A fine between one thousand (1,000) and three thousand (3,000) dinars.
- Closure of the printing press until a license is obtained.
If the closure order is violated, the punishment shall be doubled, and the printing press will be permanently shut down.
Article 39
Every printing press must have a responsible director who meets the following conditions:
- Literate in reading and writing.
- Qualifies printing or has at least three (3) years of experience in a printing press.
- Meets any additional conditions set by other applicable laws.
The printing press owner may serve as the responsible director if they meet the required qualifications.
Article 40
The license application for a printing press must include the following details:
- The name, surname, age, residence, and nationality of the owner and the responsible director.
- The name and location of the printing press.
- The type and number of printing machines used.
- Information about the employees and the printing activities.
The application must also include:
- A written acceptance from the responsible director.
- Supporting documents proving compliance with the legal conditions.
Article 41
The owner of a printing press may transfer ownership to another person only after:
- Obtaining approval from the Director of the Publications Administration and the Deputy Minister of Information.
Until the license is officially transferred, the original owner and director remain fully responsible for any violations committed.
The new owner shall assume all legal rights and obligations to the printing press.
Article 42
Every printing press must maintain official records, approved by the Publications Administration, which include the following:
- Capital, income, and expenses of the printing press.
- Details of printed materials, including:
- Dates of printing.
- Names of clients requesting the printing.
- Number of copies printed.
The Publications Administration and the State Audit Bureau shall have the right to audit these records.
If the printing press fails to declare its funding sources or if its losses exceed its owner’s financial capacity, the Publications Administration Director, with ministerial approval, may revoke its license.
Revocation of the license does not exempt the owner from criminal or civil liability under the Illicit Gains Law or any other relevant legislation.
Article 43
Anyone who reprints a banned publication or prints any publication whose distribution has been prohibited shall face the following:
- Imprisonment for at least two (2) years.
- A fine between one thousand (1,000) and two thousand (2,000) dinars.
- Confiscation of the printed materials.
- Possible revocation of the printing press’s license.
Article 44
Every non-periodic or semi-periodic publication must include:
- The name of the writer.
- The name and address of the printing press.
- The name and address of the publisher.
- The printing date.
Failure to comply shall result in:
- Imprisonment for at least one (1) month, or
- A fine of at least one hundred (100) dinars.
Article 45
Anyone who prints a book or manuscript must submit three (3) copies to the Director of the Publications Administration, who will distribute them to relevant entities as designated by the competent minister.
Article 46
No person may work as a publisher without first obtaining a license from the Publications Administration, with approval from the Deputy Minister of Information.
The license must specify:
- The publisher’s name.
- The publisher’s address.
- The publisher’s nationality.
- The location of the publishing house.
As outlined in Article 33, the Director of the Publications Administration may seize any book that incites rebellion, disrupts public security, or contradicts national principles.
Any person who intentionally buys large quantities of publications to prevent their circulation shall face the following:
- Imprisonment for at least one (1) year.
- A fine between five hundred (500) and one thousand (1,000) dinars.
Article 47
Owners and directors of printing presses shall be subject to the Illicit Gains Law No. 3 of 1970.
They must submit financial disclosures, as required under Article 30, including:
- A full asset declaration (including spouse and children’s assets).
- Biannual financial updates.
- A final disclosure within thirty (30) days of leaving office.
Article 48
Regulations issued by the competent minister shall determine license fees issued under this law.
However, no fee shall exceed twenty (20) dinars.
Article 49
The provisions of this law shall not apply to state-issued publications or printing presses and libraries operated by the government, except where explicitly stated.
Article 50
This law applies to all licensed publications and printing presses in operation when it takes effect.
Owners must apply for re-licensing within forty-five (45) days from the effective date.
Failure to comply shall result in automatic cancellation of existing licenses.
Article 51
All laws and regulations that contradict the provisions of this law are repealed.
The competent minister shall issue implementing regulations to enforce this law.
This law shall enter into force on the date of its publication in the Official Gazette.
- Issued on July 24, 1972.
- Effective from: Date of publication in the Official Gazette.