H o n d u r a s

2. SPECIFIC PRESS LAWS

There is the Law of Free Expression of Thought, which contains a series or provisions regarding the freedom of speech, to the publications, journalistic ethics and responsibilities. This law came into effect on August 26, 1958, when it was published in issue No. 16,565 of the official bulletin, La Gaceta.

Article 1: ?No person may be harassed or persecuted for their opinions. The private actions that do not alter public order or that do not cause any damage to third parties are outside the action of the Law.? 7

Article 2: ?The freedoms of speech and of information are inviolate. This includes the right to not be harassed for one?s opinions, to investigate and receive information, and to disseminate it via any means of expression.

?No law restricting these rights shall be approved. The Law of Free Expression of Thought shall determine the responsibilities incurred by those who abuse said rights in detriment of the honor, reputation and interests of persons or entities.? 8

Article 3: ?The printing shops, radio stations, as well as all other broadcasting media and their machinery and equipment, may not be attached, seized or expropriated; in addition, their operations may not be closed or interrupted as a result of committing a violation of law or offense against freedom of thought. The buildings where the printing shops are located may only be expropriated via a prior court order declaring public need or use, and shall be done through procedures determined by the Law.

Even in such a case, the expropriation can only take place when a suitable location has been provided, where the shop and machinery can be set up in order to continue operations.? 9

Article 4: ?During the period where the country is in a state of siege, no Honduran or active journalist working in the written or spoken media shall be the object of exile or persecution as a result of his opinions.? 10

Article 5: ?All inhabitants of the Republic may freely, and without prior censorship, express their thoughts, give and receive information and discuss their opinions and those of others, by means of the oral or written word or by any other graphic, oral or visual procedure.? 11

Article 6: ?It is forbidden to circulate publications that preach or disseminate doctrines that undermine the foundation of the State or of the family, and those publications that provoke, incite to or encourage the commission of crimes against persons or property. 12

Article 7: ?Journalists and writers are free to write whatever they see fit, as a result of the declarations made by any person of authority, public official or employee, legal representative of a person or corporation.

Whenever public employees or officials make verbal declarations regarding internal or external government policy or the security of the State, they shall immediately confirm them in writing, from which the authors or writers may only transcribe them literally within quotation marks, or any other journalistic form commonly used to quote original words.? 13

Article 8: ?In accordance with this Law, the violations of law committed while exercising freedom of speech by the broadcasting media shall be punishable when they show disrespect for privacy and for morality. Disrespect for privacy occurs when they refer in a demeaning manner exclusively to life in the home or to the social conduct of persons, thus causing damage to their reputation, in their interest or to their family relationships.

?Censuring of the acts of an public employee or official when they are performed during the exercise of their duties is not punishable if said censorship has the common good in mind or it is based on the facts or acts that may constitute violations of law or offenses expressly punishable by the Law.? 14

Article 25: ?All commentaries shall be written or read to include the signature or the name of the author, for whose identity the editor or director of the medium shall be directly responsible. For those items that are not signed, the person who makes the publication shall be directly responsible.? 15





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