U r u g u a y

9. OTHER RESTRICTIONS ON THE CONTENT OF INFORMATION

In the Child Code there is provision in Article 102 for efforts to be made to ensure that newspapers and magazines that get into the hands of children respect morality and good habits, eschewing inappropriate covers and content.

The National Institute for Minors, under terms of Article 103, shall bring pressure to bear on those concerned in newspapers and magazines not to publish in police reports coverage of crime, vice and bad habits in such a way that it be injurious to children and young people. In particular, it shall seek to prevent the publication of photographs of crimes and homicides. If these pleas are not met, the Institute shall give written warning to the party concerned that in the event of recurrence, legal proceedings will be initiated.

Article 1 of Law 6,019 of 1989 establishing guidelines on political propaganda, says: ?Carrying out acts of proselytizing propaganda on public streets or that can be seen or heard from them, or that are held in public places or those open to the public and in print or broadcast media must unfailingly cease 48 hours before polling day.

?This provision includes the carrying out and publication by the media of opinion polls or surveys and any kind of statements or declarations designed to influence voters.?

The new Code of Criminal Procedure that went into effect in July 1998 calls on the media, under Articles 99 and 100, to preserve the good name and identity of victims, witnesses and defendants under pain of responsibility for any damage and injury they may cause. It also upholds the provision in the Child Code with regards to prohibiting identifying child victims or perpetrators of crimes.

The Code of Criminal Procedure also establishes a right of free publication on the part of defendants or those convicted of crimes to publish details of their acquittal or dismissal of the case against them with the same prominence as the original report. This right is set out in Article 100.1.

Finally, worth mentioning is the possibility for judges to issue a reporting ban in criminal cases when they feel it appropriate, based on the discretionary powers provided for in the Code?s Article 125.




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