|
H
o n d u r a s
9. OTHER RESTRICTIONS ON THE CONTENT
OF INFORMATION
Article 28: ?Children, considering their maturity and their
capacity to form their own judgment, shall enjoy the following rights:
c) Freedom of speech
and that their opinions be taken into consideration in an atmosphere
of respect and tolerance. Freedom of speech includes the possibility
of seeking, receiving and imparting information, investigations
and ideas via any legal medium.?? 55
Article 32: ?It is forbidden to publish, reprint, exhibit,
sell or distribute, and to use in any other manner, images of children
committing verbal or written violations against morals or moral
convention or that affect their dignity or decency or that of third
parties.
?It is also forbidden to publish the full name or any other
personal information that permits the identification of a child
considered to have been responsible or victim of a violation.
?Anyone who authorizes, facilitates or permits the publication,
reprinting, exhibition, sale, distribution or use of any information
that violates the provisions of this norm shall be sanctioned by
a fine of five thousand to fifty thousand lempiras, as appropriate.?
56
Article 33: ?In the cases stipulated in the previous article,
the Juvenile Court or whatever court in its place may order the
suspension of the publication, reprinting, exhibition, sale, distribution
or any pertinent act until its legality is determined or a decision
made.? 57
Article 34: ?The media are obligated to respect the privacy
and life of the children. Therefore, they cannot publish interviews,
reports, news or information that relates to the privacy or life
of the children, their families or their social relationships if
in any way it can affect their honor.
?The violation of this norm shall be punishable as provided
in Article 32 mentioned above.? 58
The Law on Jurisdiction of Minors, likewise, establishes limitations
on the information on minors.
Article 49 states: ?It is forbidden to issue copies and certificates
of any proceedings, or of the resolutions dictated by a juvenile
court, or to make public via the newspapers, the radio or any other
broadcasting medium, any information, photographs or other materials
that identify the minor. The violation of this norm shall be subject
to a fine of one hundred to five hundred lempiras that will be imposed
by the Judge who is a juvenile attorney. If the violator is the
judge or the court, the fine shall be imposed by a superior court.
This provision shall not be in effect when the publicity is necessary
in order to control the parents or relatives of minors who have
been abandoned.? 59
With respect to restrictions on publicity and information during
campaigns, there are the following:
Article 64: ?The duly registered political parties may carry
out their job of political campaigning via meetings or related activities
with their members and sympathizers.
?Political parties and citizens are specifically forbidden
to disseminate via the media messages that harm the public image
and good name to which every citizen is entitled or diminish the
standing of opponents.
?The media shall warn the persons who participate in radio
or television programs, or who write newspaper articles, to stay
within the boundaries of morals and moral convention when referring
to leaders, political figures or their families.?? 60
Article 65: ?It is not permitted to make anonymous political
advertising or that which encourages electoral abstention, non-compliance
with the Law or the disrespect for the dignity of persons and political
organizations.? 61
Article 70: ?It is not permitted to use radio or television
broadcasting, newspapers and other communication or cultural media
of the State for electoral campaigning, whether in favor or against
a specific candidate, platform or political organization.? 62
Article 74: ?As of five days before the elections, the political
organization may only use radio or television broadcasting, newspapers
and other media to explain their platforms or to speak about their
candidates; they may not criticize the opposing platforms, nor the
candidates. All public demonstrations or rallies within the time
specified above and all political propaganda are forbidden the day
of the elections.
The communication media that sponsor or permit news or programs
that contravene the above provision shall incur the following sanctions
as imposed by the National Elections Tribunal.??d63
Article 233: ?Anyone who makes public any false news that may
remove the voters from voting shall be sanctioned with a fine of
five hundred lempiras.? 64
Article 239: ?Anyone who makes propaganda in violation of the
provisions of this Law shall be sanctioned with lesser incarceration
of minimum degree.? 65
Back
to main I Footnotes
Inter American Press Association
|