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P
a n a m a 2. SPECIFIC PRESS LAWS There are three laws on this subject in force since 1978 that
regulate social communication media, the practice of journalism
and journalistic proficiency. Law 11 of 1978 requires social communication media to submit
a statement to the Ministry of Government and Justice in order to
record the name of the organization, its legal representative, and
its directors and stockholders in case of a corporation (Art. 1),
who should be Panamanians (Art. 2) and other data on publication
dates and the place where it is printed (Art.3). This same law permits prior censorship by the Ministry of Government
and Justice (Art. 15) and application of severe penalties, which
even include closing down media (Art. 16) according to administrative
procedures which do not comply with the safeguards of due process
(Art. 18). Among prohibitions provided in this law are those against publication
of false news, doctored documents or documents attributed incorrectly
to certain sources, facts relating to a person?s private life that
may harm such a person, comments, references and insinuations about
a person?s physical handicaps, the names of minors who have committed
crimes or are in any way involved in criminal activity, and subscriptions
or collections to indemnify individuals for fines, damages or other
compensation imposed on those legally convicted for the commission
of a crime (Art. 15). According to Art. 9, every mass communication medium shall
have a responsible director, who must be Panamanian, of legal age,
and endowed with full civil and political rights. Said director
shall be considered as the author of all publications made in the
printed or broadcast medium concerned, except for articles endorsed
by a recognized and authentic signature (Art. 10). The practice of journalism is regulated by Law 67 of 1978 that
provides for professional proficiency recognized by the Ministry
of Government and Justice as a requirement to such a practice, understood
as ?ongoing dedication to seek and write news, production of news
media, graphic information or commentaries in social communcation
media, as well as professional journalistic assignments in the public
relations sections of public or private institutions.? Law 68, also adopted in 1978, created a Technical Board on
Journalism within the Ministry of Government and Justice, with the
main function of issuing certificates of proficiency to practice
journalism. Decree 251, enacted on August 6, 1969, created the National
Board of Censorship to check on public shows. However, the decree
also established mechanisms of prior censorship applicable in a
wide variety of media. Art. 17 disposes that ?the censors may order
the suspension of publications and radio transmissions of disks
or recordings when these threaten good morals and behavior; publications
and recordings, available in bookstores and jukeboxes, that infringe
the dispositions of this cabinet decree, may be withdrawn from circulation.?
This decree clearly defines prior censorship. There are also provisions in the Criminal Code on libel and
slander which impose incarceration penalties for said crimes as
well as other offenses against the national economy, drafted in
such a general way that any journalist may be penalized for writing
about inflation or fluctuation of securities in the public or private
debt. Law 68 of 1978 which created the Technical Board on Journalism
shall control the implementation of the legal requisites needed
to exercise the profession of journalist; issue certificates of
professional ability to practice journalism; suspend journalists
from such practice for infringing the Code of Professional Ethics
for the period provided by this Code and cancel their professional
certificates (Art. 2). In Art. 1706 the Civil Code establishes civil due process for
compensation for damages in cases of libel and slander. This action
is subject to a statute of limitation one year after the injured
party becomes aware of the offense. If timely criminal administrative action is undertaken in cases
cited in the previous clause, the civil action is subject to a statute
of limitation on the date the criminal sentence or administrative
resolution are executed, whatever case may apply first. To admit civil due process, in no case is intervention by the
criminal jurisdiction essential .
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