 |
 |
 |
 |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
 |
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
 |
 |
 |
|
 |
|
||||
|
G u a t e m a l a 1. CONSTITUTIONAL FRAMEWORK Article 35 of the Political Constitution of the Republic, in
effect since 1986, stipulates that: ?The expression of thought is
free regardless of media, without censorship or prior license. This
constitutional right cannot be restricted by law or any governmental
disposition. Whoever, making use of this freedom, is disrespectful
of privacy or morality shall be responsible in accordance with the
law. Those who believe themselves to be offended have the right
to publication of their defenses, clarifications and corrections. ?The publications that contain denunciations, criticisms or
accusations against officials or public servants for acts done in
the exercise of their duties do not constitute a violation of law
or offense. ?Officials and public servants may demand that a non-judicial
court made up in the form determined by law, declares that the publication
which affects them is based on inexact facts or that the charges
against them are unfounded. The verdict that vindicates the offended
party shall be published in the same media that published the accusation. ?The activity of the media is of public interest and under
no circumstances may be expropriated. Offenses or violations of
law committed in the expression of thought shall not cause the closing,
embargo, intervention, confiscation or seizure, nor interrupt the
operation of businesses, shops, equipment, machinery and implements
of the media. ?The access to sources of information is free and no authority
may limit this right. ?The authorization, limitation or cancellation of grants given
by the State to persons cannot be used as elements of pressure or
coercion to limit freedom of expression. ?A jury shall have exclusive knowledge of violations of law
or infractions referred to in this article. ?Everything relating to this constitutional right is regulated
in the Constitutional Law of Expression of Thought. ?The owners of the media shall provide life insurance coverage
to their journalists.?1 Likewise, Article 138 regulates that in the event of activities
against the security of the state, or public disaster, or grave
disturbance of the peace, paragraph one of Article 35 of the Constitution,
which establishes the right to free expression of thought without
censorship or prior license, may be suspended. The suspension of
this guarantee may be decreed by the president of the Republic through
the corresponding declaration, in accordance with the Law of Public
Order (Decree Number 7 of the Constitutional Convention, in effect
since May 5, 1966) which has constitutional rank.
|
questions
or comments? | |
