N i c a r a g u a

1. CONSTITUTIONAL FRAMEWORK

The most notable occurrence concerning constitutional matters has been the reform of the Constitution in 1995, which introduced something new regarding news media and, on an individual level protection for privacy, among other things.

Article 26, established a right to personal and family privacy, respect for honor and reputation and a form of Habeas Data for access to official records, as well as the right to know the reasons for that data being compiled.

Article 68 of the 1995 reform stipulates that news media must perform a social role and all citizens shall have access to the media to exercise the constitutional right of clarification.

This article also prohibits prior censorship of public, corporate and private communication media. It stipulates that a press and its accessories or any other equipment used for the dissemination of thought may not be confiscated as a corpus delicti. It says that importation of newsprint, machinery, equipment and replacement parts by the media shall be free of all municipal, regional and federal duties.

The Constitution of 1987 already had provisions regarding freedom of expression, the right to information and the media in general.

Article 30 of the Political Constitution guarantees all Nicaraguans the right to express their views in public or in private, individually or collectively, orally, in writing or by any other means.

Freedom of thought is expressed in Article 29.

Article 66 establishes the right to accurate information. This is taken to mean the freedom to seek, receive and impart news and ideas by any medium. This aspect is dealt with in the section on access to information.

Article 67 speaks of the right to inform as a social responsibility and which must not be subjected to censorship.

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