 |
 |
 |
 |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
 |
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
 |
 |
 |
|
 |
|
||||
|
E c u a d o r 7. CRIMINAL LIBEL, CIVIL DEFAMATION:
SLANDER AND LIBEL Criminal legislation makes provision for crimes against the
exercise of freedom of thought, for sanctions for restraining the
free circulation of books, as well as for crimes against personal
honor. Art. 178: ?Any authority which, by arbitrary or violent means,
restrains free expression of thought shall be punished with one
to five years of imprisonment and loss of political rights for a
term to coincide with the jail sentence.? Art. 179: ?Any person who restrains or disturbs the free circulation
of books, newspapers or printed literature (except of an anonymous
nature) shall be punished with imprisonment from six months to two
years.? Art. 199: ?Persons in possession of correspondence not intended
for publication who should publish it or submit it in court proceedings
without judicial order, even if addressed to themselves, shall be
subject to a fine of 40 to 200 sucres when their action damages
third persons, except when such correspondence contains statements
in favor of their holders to be submitted in court.? Art. 200: ?The same punishment shall be applied to individuals
who, in spite of not being public servants, disclose actions or
proceedings known to them although classified by law as reserved.?
Art. 202: ?Individuals who steal letters entrusted to the mail
shall be punished with 15 to 60 days of imprisonment, except for
parents, husbands or tutors who may take letters addressed to their
children, spouses or wards, respectively, while the latter are subject
to the formers? authority.? Art. 422: ?Imprisonment from six months to two years shall
be applied to individuals who interrupt postal, telegraphic, telephonic,
radio or other communications, or oppose the renewal of said communications
by violent means.? Art. 489: ?Slander shall be considered libelous when it falsely
accuses an individual of a crime, and not libelous when it is expressed
to discredit, dishonor or scorn another person, or is part of other
actions seeking the same object.? Art. 490: ?Non-libelous slander shall be grievous or minor.
Grievous non-libelous slander are: 1. Accusations involving
vices or immoral acts that substantially damage the good reputation,
credit or interests of the offended party; 2. Accusations which,
by their very nature, timing or circumstances, are publicly interpreted
as outrageous; 3. Accusations that shall
be deemed grievous taking into account the status, dignity and circumstances
of both offended and offending parties. Minor non-libelous charges
consist in attributing to other parties actions, nicknames or physical
or moral flaws which do not jeopardize their reputation.? Art. 491: ?Individuals guilty of libelous slander shall be
sentenced to six months to two years in prison and fines of from
40 to 160 sucres when such accusations are made in public places
or meetings; in the presence of 10 or more individuals; in writing,
printed or not printed, or through images and emblems affixed, distributed
or sold in public view; or through unpublished writings addressed
or communicated to other parties, including letters.?
Art. 492: ?Individuals who make such accusations in private
or in the presence of less than 10 persons shall be penalized with
one to six months? imprisonment and fines of 40 to 120 sucres.? Art. 493: ?Individuals who accuse the authorities with libelous
slander shall be sentenced to prison terms of one to three years
and fines from 40 to 160 sucres. If accusations directed to the authorities are not considered
libelous slander but nonetheless grievous, imprisonment shall be
from six months to two years and fines from 40 to 120 sucres.? Art. 494: ?Three months? to three years? imprisonment and fines
of from 40 to 200 sucres shall apply to individuals who file lawsuits
or make charges which are not proven in court.? Art. 497: ?Charges of slander without libel will not allow
the presentation of proof of the truth of the allegations.? Art. 498: Slander, whether libelous or not, that is published
in foreign advertising publications, may lead to prosecution against
those persons who submitted the articles or ordered their publication,
or contributed to the introduction or distribution of such publications
in Ecuador.? Art. 499: ?Those who reproduce articles, images or emblems
considered slanderous are also subject to charges of slander, by
any of its definitions. In these cases, as in the previous article,
it cannot be alleged as a defense that the articles, images or emblems
are no more than the reproduction of publications done in Ecuador
or abroad.? Art. 500: ?Not liable to slander charges are arguments expressed
before a judge or in court when such statements are made in defense
of the defendant; also if addressed to witnesses of the opposing
party to exacerbate them so as to affect their evidence against
the accused. ?However, judges shall, ex officio or at the request
of one of the parties, order the withdrawal of writs containing
slander of any sort; warn the attorneys or the parties, and even
fine them up to 100 sucres, as per the rules of the Organic Law
of Judiciary Functions.? Art. 501: ?Individuals convicted of any type of slander who,
besides the above cited instances, damage someone else?s reputation
through communication with several persons, or individually, shall
be sentenced as slanderers to imprisonment for three months to one
year and fined from 40 to 120 sucres; single proof shall be accepted
in each action provided these number at least three.? Art. 502: ?The following are not guilty of committing slander:
parents with regard to their children and other descendants; tutors,
curators, supervisors, teachers, heads of educational, correctional
and disciplinary institutions with respect to their pupils, charges,
workers and other wards, except when slander is ruled as libelous.? Art. 606: ?Fines of 61 to 120 sucres and jail sentences of
2 to 4 days, or only one of these two sentences will be applied
to: 13. ?The propagators of
false reports or false rumors related to public order, state security
or national honor; 14. ?The propagators of
false reports or rumors that affect the honor and dignity of individuals
or families, or that concern their private lives, without regard
for the consequences of slander.?? The Law of Professional Practice of Journalism provides: Art. 35: ?Professional journalists who, while practicing their
profession, commit offenses against the security of the state shall
be liable to the provisions of the National Security Law, the Penal
Code and other laws of the Republic and be prosecuted by the competent
authorities. The Code of Penal Procedure RO 511 of June 10, 1983 provides
for a special procedure for crimes committed by the various news
media. This implies an exception to the procedural principle of
equality among criminals. In effect, Art. 417 of the code says:
?Pursuant to this clause, immoral writings are those that offend
good morals, whether they deal with obscene or dishonorable subjects,
contain prurient facts about the intimate life of individuals or
instigate the perpetration of a crime.? Art 419: ?All charges, claims and condemnations shall be rejected
when they refer to writings dealing with a religious, philosophical
or theological thesis or with any other science, as well as those
which merely contain objections to religious doctrines, or publicize
beliefs not in conflict with public morality.? Art 420: ?The manager, owner or other person in charge of a
printing business shall be held liable for prosecutable infractions
and they shall be, in fact, prosecuted if unable to submit the original
written material as prescribed hereinafter, which should bear the
author?s signature, or that of the person who is reproducing it
or is otherwise responsible. They shall be equally liable when the
author, publisher or reproducer is a bogus or unknown person, minor
under 18 years of age, vagrant, habitual drunkard, beggar, indigent
or mentally alienated person, or any other who may be impugned before
the law.? Art. 421: ?Authors, publishers or reproducers shall be considered
bogus or unknown if they lack a known address in the Republic.?
Art 424: ?If the manager, owner or other person responsible
for the print shop is unable to display the original material which
is the subject of prosecution within the deadline contained in Art.
422, or if the person who signs it is covered by Art. 420, the main
subject of prosecution shall be said printer, whether manager or
owner, who shall then be considered as alleged author of the transgression.?
Art. 425: ?Submission of original written material when the
transgression is committed in radio broadcasting or television may
be replaced by transcriptions of tapes or films provided for in
the Law of Radio Broadcasting and Television, transcriptions to
be obtained through judicial or extrajudicial means.? Art. 426 :?In cases of transgressions committed in radio broadcasting
and television that deal with specific performances or programs,
original copies may be used, as well as faithful reproductions of
the tapes and films involved.? ?To corroborate the contents of such originals, testimonial
proof is not allowed.? Art. 427: ?The preceding rules shall also be used, if applicable,
to judge offenses committed by any other medium.? Art. 433: ?In legal proceedings referred to in this clause,
preventive incarceration may not be decreed for the defendant; proceedings
may be dismissed due to abandonment, waiver by the offended party,
settlement, or any other means permitted under the law. For any
other cases, when applicable, provisions are contained in Chapter
V of Title II of this Code.? The Criminal Code of the National Civil Police provides: Art. 140: ?National civil policemen who in any way arbitrarily
or violently restrict the right to express thought freely shall
be penalized with one to five years? imprisonment, plus suspension
of their political rights for the period of sentence.? Art. 141: ?Whoever stops or hinders the free circulation of
a book, newspaper or printed material not anonymous in character
and which complies with the provisions of the law shall be penalized
with one to three years? imprisonment.?
|
questions
or comments? | |
