P a n a m a

22. LEGISLATIVE BILLS THAT WOULD AFFECT THE PRESS

The draft bill of the criminal code contains several measures worthy of comment because they impact the publication of news.

Above all, it should be emphasized that crimes against honor have not been included in the bill. This means that criminal libel and slander are not part of the code. It is unclear if this omission was intentional.

Some of the bill?s articles set forth criminal consequences in connection with news publication that are quite questionable. Art. 185, for example, refers to false information provided in product advertising that may mislead or confuse the consumer regarding the quality of a product. Art. 186 would punish persons who disseminate false or misleading information designed to raise the cost of products. Art. 195 would impose sanctions for those who disseminate false information about the competition or who try to mislead the customers fraudulently.

Art. 198 would provide punishment for whoever disseminates news that is false, exaggerated or malicious that endangers the national economy or public credit. This is not a novel provision, for it already exists in the current code. However, sanctions proposed in Art. 199 for the dissemination of false news or rumors regarding illnesses of persons or animals cannot be explained and threaten news coverage in general. The current code establishes a penalty for publishing the illness, but not news about the illness. At least, that is a liberal interpretation of Art. 376 of the code now in force.



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