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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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Inter American Press Association. All rights reserved.
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