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P
a r a g u a y 1. CONSTITUTIONAL FRAMEWORK The National Constitution was approved on June 20, 1992, by
the National Constituent Assembly and in it there are provisions
relating to freedom of expression, the media, the right to information
and Habeas Data, journalism and the right to privacy. In Chapter II, On Freedom, Title II, Part I some fundamental
rights and regulations are detailed: Under the terms of Article 26, free speech and freedom of the
press are guaranteed, as is the dissemination of thought and opinion,
with no censorship whatsoever, without any limitations other than
those provided for in the Constitution; consequently, no law shall
be passed that makes them impossible or restricts them. There shall
be no press crimes, only common crimes committed through the medium
of the press. Every person has the right to generate, process or
impart information, and equally the right to utilize any lawful
and appropriate instrument for such ends. Article 27 stipulates: ?The use of the news media is of public
interest; consequently, their operation may not be closed down or
suspended. Press lacking in responsible management shall not be
allowed. ?Any discriminatory practice in the provision of supplies for
the press is prohibited, as is interference of radio frequencies
and obstruction, by whatever means, of the free circulation, distribution
and sale of newspapers, books, magazines or other publications with
responsible management or authorship. ?Informational pluralism is guaranteed. ?The law shall regulate advertising with the object of the
greatest protection of the rights of children, young persons, the
illiterate, consumers and women.? Article 28: ?The right of persons to receive accurate, responsible
and balanced information is recognized. ?Public sources of information are free to all. The law shall
regulate the corresponding modalities, terms and penalties so that
this right may be effective. ?Every person affected by the dissemination of a false, distorted
or ambiguous report has the right to demand rectification or clarification
in the same medium and on the same conditions on which it has been
disseminated, without prejudice to other compensatory rights.? The Constitution envisions in Article 29 freedom of practice
of journalism. In fact, the practice of journalism in any form is
free and not subject to prior authorization. In carrying out their
work, journalists in the mass media shall not be obliged to act
against the dictates of their conscience nor to reveal their sources
of information. Columnists have the right to publish their signed opinions,
without censorship, in the medium in which they work. Management
shall be able to safeguard its responsibility by making its dissent
known. The journalist?s copyright on the product of his intellectual,
artistic or photographic work, whatever its technique, is recognized
under the law. Article 30: ?The emission and propagation of electro-magnetic
communications signals are in the public domain of the State which,
in exercising national sovereignty, shall promote their full use
according to the rights pertaining to the Republic and in accordance
with international conventions ratified on the subject. The law
shall ensure, with equal opportunity, free access to exploitation
of the electro-magnetic spectrum, as well as electronic instruments
of compiling and processing public information, with no other limits
than those imposed by international regulations and technical criteria.
The authorities shall ensure that these elements are not used to
violate personal or family privacy and the other rights established
in this Constitution.? Article 31: ?The state communcation media shall be regulated
by law in their organization and operations, there having to be
guaranteed the democratic and pluralist access to them by all political
and social sectors, in equal opportunity.? Article 33: ?Personal and family intimacy and respect for privacy
are inalienable. The conduct of persons, so long as it does not
affect public order as established under the law or the rights of
others, shall be exempt from public authority. ?The right to protection of privacy, dignity and reputation
of persons is guaranteed.? Article 36 establishes the inviolability of communications,
whatever their form.
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