N i c a r a g u a

7. CRIMINAL LIBEL, CIVIL DEFAMATION: SLANDER AND LIBEL

These are regulated in Articles 169 to 194 of the Penal Code. Slander and libel are characterized as being subject to privately-initiated action. The authorities are not empowered to initiate such action, bur rather they may only proceed at the request of the injured party.

As for penalties, the law stipulates monetary award ? compensatory damages to be paid to the victim.

The Penal Code states that ?guilty of criminal libel is he who by any medium imputes to a person a concrete fact that is punishable under the law and which could drive him from office.?

The penalty is set at a fine of 50,000 to 100,000 córdobas ($7,000 to $14,000).

The law stipulates that if the libel is committed in the press or publications or manuscripts that are widely exhibited or distributed, or in a public assembly or by film, radio, television, tape-recording or other similar means, the fine may be increased by up to 50% more.

Guilty of slander, according to the Code, ?is he who by any medium attacks the honor, reputation or dignity of a person, or publicizes his purely private or domestic faults and vices, or who because of his dishonorable or immoral character is susceptible to expose him to animosity, hatred, ridicule or public contempt.?

Slander is punishable monetarily, with fines ranging from 25,000 to 50,000 córdobas ($3,500 to $7,000), which can be increased by 50% if the offense is committed in broadcast or print media.

Unlike libel, in which the law admits proof of the truth of the allegations as a defense, in the case of slander the law admits no such defense.

Both are summary actions and the only recourse is to the immediately higher court.

Under criminal law, criticism of political affairs and of the actions of government and its agencies and officials is not considered slanderous.

Neither is scientific, literary, artistic or technical criticism, nor the coverage of events that really happened as seen by eye-witnesses or as reported by reliable sources.

The Penal Code protects the right to impart and disseminate views, consistent with the right of citizens to be informed of everything that comprises national and international life and which affects them in any way, and similarly to publicly utter criticism and opinion in terms that do not offend morality or good manners and do not incite law-breaking. It provides for penalties for those officials or ordinary citizens who by word or deed through coercion, violence, threat or bribery prevent the legal operation of companies or organs of advertising or broadcast or publication of news, photographs, articles or speeches that are not contrary to the law, morality or good habits (Article 260).

It also sets penalties for those who commit the crimes of slander and libel and the owners of newspapers, radio stations, loudspeaker systems and television companies, journalists, newscasters, speakers and artists who in practicing their profession manifestly and directly provoke people to commit the crimes of treason, rebellion, sedition, mutiny or riot. It also provides for penalties for those who use obscene words or phrases, publish or depict obscene or scandalous stories or propagate doctrines that are manifestly contrary to morality, the democratic bases of the state and public order and who maliciously invent or distort news, facts or ideas, thereby causing moral or material harm to the nation, a community or a given person or persons.

Article 261 states that violation of freedom of emission and dissemination of thought enshrined in Sub-paragraph a) of the previous article shall be subject to three to six months? imprisonment and a fine of 100 to 500 córdobas when it involves authorities and officials.

When it involves ordinary persons, the penalty shall be 30 to 90 days in custody and a fine of 50 to 250 córdobas.

Finally, a person?s conduct that by words, drawings, etc. offends decency is characterized as a crime (Article 540).

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