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E
l S a l v a d o r 1. CONSTITUTIONAL FRAMEWORK The Constitution of 1982 set forth the following: Art. 6: ?Every person may express and freely propagate his
thoughts provided he does not subvert the public order nor harm
the morals, reputation or private life of others. The exercise of
this right will not be subject to prior review, censorship or admonition;
but those who violate the laws while exercising this right will
be responsible for the crime they commit. ?In no case may a printing press, its accessories or any other
medium used to propagate ideas be seized as instruments employed
in a crime. ?Enterprises devoted to written, radial or televised communication,
and other publishing firms, may not be the targets of stabilization
or nationalization, whether by expropriation or any other process.
This prohibition applies to the stock and contributions of the owners.
?The aforementioned enterprises may not set fees that are different
nor engage in any other discriminatory practice based on the political
or religious nature of what is published. ?The right of reply is recognized as protection for the fundamental
rights and guarantees of the individual. ?Public performances may be subject to censorship according
to the law.? The Constitution explicitly contemplates the possibility of
suspending those rights relevant to freedom of expression and of
the press when: Art. 29: ?In the event of war, invasion of the territory, rebellion,
sedition, catastrophe, epidemic or other general calamity, or of
grave disruptions of the public order, the guarantees established
in articles 5, 6 first clause.?? Art. 30: ?The suspension of constitutional guarantees will
not exceed 30 days. After this period, if conditions remain unchanged,
the suspension may be extended for the same period by order of a
new decree. Should no such decree be issued, the suspended guarantees
will be reestablished as a matter of law.?
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