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P
a n a m a 7. CRIMINAL LIBEL, CIVIL DEFAMATION:
SLANDER AND LIBEL Libel and slander are defined as crimes in the Criminal Code
and can be penalized with up to 24 months in prison. The Criminal Code of 1982 provides that libel and slander are
crimes against good reputation. To attribute a crime to an innocent
person (libel) shall be penalized with 90 to 180 days of imprisonment
or equivalent and/or fine (Art. 173). Slander occurs when a person?s dignity, good reputation or
decorum are offended in writing or by any other means, and it is
penalized with 60 to 120 days imprisonment/fine (Art. 173). When committed through the press, penalties are from 18 to
24 months in prison for libel and from 12 to 18 months for slander
(Art. 173A). Whoever publishes or reproduces in any media offenses to an
individual?s good reputation shall be penalized with 18 to 24 months
in prison (Art. 175). The truth is accepted as absolute defense in cases of libel.
But for slander, proof of truth shall only be accepted in cases
involving public officials and public or private corporations (Art.
176). Among other instances, no crime against good reputation is
committed through discussion, criticism and opinion about actions
or omissions by civil servants (Art. 178). If so requested, the convicted party shall be required to publish
the sentence (Art. 179). It is a crime to prevent in any way the publication of books
and the free circulation and issue of periodicals, whether written
or spoken, and it shall be penalized with 6 months to 1 year in
prison and 50 to 100 days fine. Crimes of an economic nature may also be committed through
the press by disseminating false news. The prohibition in Art. 168 of the Criminal Code is quite restrictive
because it makes no clear distinction between what is understood
by documents possessed and documents not intended for publication.
The rule says: ?Whoever legitimately possesses correspondence, recordings
or papers not intended for publication without due authorization,
although addressed to that person, will be punished with 15 to 30
days-fine when the fact could cause damages.? Art. 169 says: ?whoever records the words of others not intended
for the public, without his or her consent, or whoever uses technical
devices to hear private conversations not intended for him or her,
will be punished with 15 to 20 days-fines.? Art. 372 provides: ?Whoever spreads through the press or other
media false, exaggerated or misleading news, or propagates rumors
which endanger the national economy or public credit, shall be penalized
with 6 months to 3 years in prison. If such a fact should lead to
the devaluation of the national currency or fluctuations in State-issued
securities, the sentence shall be doubled.? Art. 373: ?Whoever spreads false, exaggerated or misleading
news which may lead to increases or decreases in the price of commodities,
articles, stocks, securities and other negotiable instruments shall
be punished with 6 to 18 months in jail and 25 to 50 days/fine.? On 5 January of 1988 Law 1 was adopted to revise some provisions
of the Criminal Code in reference to libel and slander. Art. 14 provides that when libelous or slanderous offenses
are made public in an impersonal manner in any social communcation
media, it shall be presumed they are issued personally by whoever
made such publication or allegation.
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