E l  S a l v a d o r

7. CRIMINAL LIBEL, CIVIL DEFAMATION: SLANDER AND LIBEL

There are new penal codes and procedures. One became effective January 20, 1997 and the other a year after that. Both introduced changes to the existing penal structure as it applied to crimes against the reputation of persons. They also introduced innovations in the area of people?s privacy and their communications.

There are marked differences between the new and the old regulations: the current code has a chapter devoted to privacy. It seems logical that this fundamental right have a specific penal protection. The ?violation of private communications? refers not only to postal mail but to any type of communication by any carrier; besides, the ?capture of communications? applies not only to the interception, obstruction or interruption of communications but also to the use of devices for listening, transmitting or recording, and the disclosure or dissemination of whatever is intercepted or recorded.

The chapter about the ?use of the image or name of someone else,? ? a right that is protected by the Constitution ? is novel. Offenses against one?s own image appear in principle to be linked with offenses against one?s reputation, which stems from the closeness of the constitutional protection of both fundamental rights. Nevertheless, reputation and dignity appear as something distinct from image, which in turn is a manifestation of privacy.

The penal code establishes the following:

Art. 177: ?Whoever should falsely accuse an individual of committing a crime or participating in one shall be punished with a prison term of one to three years.

Libel that is published shall be punished with a prison term of two to four years.

Repeated libel against the same person shall be punished with a prison term of two to four years plus additional fines.

Repeated libel that is published shall be punishable with a prison term of two to four years plus additional fines.?

Art. 178: ?Whoever accuses a person who is not present of conduct or of possessing qualities capable of damaging his dignity, undermining their reputation or threatening his self-esteem shall be punished with a prison term of six months to two years.

?Slander that is published shall be punished with a prison term of one to three years.

?Slander directed at the same person shall be punished with a prison term of one to three years plus fines.?

Art. 179: ?Anyone who offends by word or deed the dignity or decorum of a person who is present shall be punished with a prison term of six months to two years.

?Slander that is published shall be punished with a prison term of one to three years plus a fine.

?Repeated slander against the same person shall be punished with a prison term of one to three years plus a fine.

?If the repeated slander is published, then the punishment shall be a prison term of one to three years plus a fine.?

Art. 180: ?When the offenses covered by this chapter are committed through a news medium and journalists are responsible for the offense, said journalists shall be subject to the corresponding punishment for that offense plus a suspension of the right to exercise their profession or occupation for a period that corresponds to the prison sentence, according to the nature of the offense and the damages caused.?

Art. 181: ?It is understood that slander and libel have been published when they are disseminated by means of printed paper, lithographed or engraved, by posters or flyers posted in public places or before an indeterminate number of persons or by statements at public meetings or through radio or television broadcast or similar means.?

Art. 182: ?The crimes of libel, slander and defamation may be committed not only overtly, but also through allegory, caricature, emblems and allusions.?

Art. 183: ?Anyone accused of libel may be absolved of all penal responsibility provided the accused can prove the truth of his allegations.

?Anyone accused of defamation may escape punishment by proving the truth of the conduct or qualities alleged, provided its dissemination is legitimate.?

The code contains the following regarding the protection of communications:

Art. 184: ?Whoever attempts to learn the secrets or violate the privacy or another by acquiring written communications, computer records or any other document or personal effects not intended for them, or acquire private data of a personal or family nature, filed in cabinets, computers or any other type of archive or public or private register, shall be punished with a fine.

?Should any information discovered as described in the previous article be revealed to third parties, the fine shall be larger.

?Any third party who receives such information and reveals it while being aware of its illegal origins shall be punished with a fine.?

Art. 185: ?If the acts previously described were committed by persons responsible for the files, computer records, archives or registers, such persons shall be punished with a fine and a suspension from any public employment for a period of six months to two years.?

Art. 187: ?Whoever reveals a secret learned by reason of his profession or occupation shall be punished by a prison term of six months to two years and a suspension from his profession or occupation for a period of one to two years.?

Art. 190: ?Whoever uses by any means the image or name of another person, without that person?s consent, for journalistic, artistic, commercial or publicity purposes, shall be punished with fines.?

Regarding obstacles to freedom of expression, penal sanctions are defined for those who interfere with the dissemination of ideas, as follows:

Art. 293: ?Any public official or authority who, except for instances permitted by the Constitution of the Republic, seeks to impose prior reviews, censorship or admonitions on a news medium dedicated to the dissemination of ideas, be they in printed or broadcast form, shall be punished by a prison term of two to four years and suspension from his position for a period of the same duration.?

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