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E
l S a l v a d o r 9. OTHER RESTRICTIONS ON THE CONTENT
OF INFORMATION The Political Constitution places a limit on electoral propaganda. Art. 81: ?Electoral propaganda will be permitted, even without
prior announcement, four months before the date fixed by law for
the election of president and vice-president of the Republic; two
months prior to elections for deputies and one month for municipal
councils.? The penal code establishes the possibility of limiting press
access to the courts. For example: Art. 272: ?In general, penal proceedings will be public. However,
the judge may order a partial or total press blackout when he deems,
for valid reasons, that it is in the interest of good morals, public
interest or national security, or is authorized in some specific
rule. ?During discovery proceedings, these activities shall be reserved
and be accessible only to the litigants or interested parties authorized
to participate.? Art. 273: ?Hearings will be public, but the court may order
on its own authority or at the request of one of the parties that
said hearings be partially or totally closed when required for reasons
of good morals, public interest, national security or it is authorized
by some specific rule.?? The 1993 Electoral Law establishes certain conditions regarding
electoral propaganda: Art. 229: ?In compliance with Art. 6 of the Constitution of
the Republic, the media is required to inform the court of the rates
charged for its services. These are the rates to be charged for
campaign advertising during the elections. ?The equity of rates for services charged to political parties
or coalitions will be governed by article 6, clause 4 of the Constitution
of the Republic. ?Private companies normally engaged in media activities are
compelled to offer their services to all the competing political
parties and coalitions on an equitable basis, and cannot evade that
requirement for reasons of contracts or advance payments. ?The equity referred to in this article will be applied on
criteria of space, time, opportunity and quality. The corresponding
regulation will establish that the criteria of this article will
apply to prime time audiences. For purposes of this code, prime
time audiences are defined, for radio and television, as being from
6 to 8 a.m., from noon to 2 p.m. and from 6 to 9 p.m. Electoral
propaganda is forbidden outside these schedules. ?State-run media must also provide, on an equitable basis and
free of charge, space for political propaganda to all political
parties and coalitions. ?The space and time frames for political propaganda mentioned
above must be programmed in accordance with the rulings of the court
and in coordination with the National Ministry of Communications
and the Vigilance Board. ?The regulation will determine the technical application of
the provisions of this article as well as provisions to prevent
saturation of the media and subliminal messages. In the absence
of this regulation the rules of the court will be in effect.? Art. 230: ?Political parties and coalitions, the media, individuals
and companies are forbidden to make propaganda through print, radio,
television, meetings, rallies, demonstrations, flyers, billboards,
loud speakers and paint and paste signs in public places before
the start of the period allowed for propaganda by Art. 81 of the
Constitution of the Republic and during the three days prior to
the election and during election day itself. Partisan propaganda
will not be allowed in the polling places. From the day elections are called until their definitive results
are known, political parties and coalitions, individuals and companies,
associations and organizations of any type may not publish or disseminate
through any news media the results of polls or projections about
competing candidates, political parties or coalitions that show
trends about the outcome of the election. Failure to comply with
this ruling shall be punishable as established in article 2 of this
code.? Art. 233: ?When the propaganda of a political party or a coalition
runs counter to the precepts outlined in articles 230 and 232 of
this code, the court will hold responsible for the violation the
owner of the advertising carrier and the political party?s leadership
in control at the time the violation was committed, or the leadership
of the parties that make up a coalition. The court will impose economic
sanctions and order reparations for the injured parties, regardless
of any legal action that may take place.? The Law of Delinquent Minors of 1994 establishes certain restrictions
in the coverage of news involving offenders who are minors: Art. 5: ?The minor who is subject to this law will have the
same rights and guarantees recognized in the Constitution, treaties,
conventions, pacts and other international instruments subscribed
to and ratified by El Salvador, and recognized in other laws applicable
to persons over 18 years of age, who are charged with committing
or participating in a criminal offense; in particular, the following
will apply: b) The personal privacy
(of a minor) shall be respected; consequently no fact that directly
or indirectly could reveal the identity of a minor shall be published.? Art. 25: ?Administrative and judicial proceedings shall be
reserved; no certifications or records of steps taken as part of
the proceedings will be released, other than to the interested parties. Judges, parties, officials, employees and authorities are forbidden
to publish the contents of the proceedings? records or to provide
any data that may reveal the identity of the minor. Individuals associated with proceedings that involve minors
must maintain strict confidence and discretion regarding any investigation
and other duties they perform.?
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