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