60 IAPA Assembly
October 22 - 26 ,2004
Antigua , Guatemala
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Country-by-Country Reports

Argentina Aruba Bolivia Brazil Canada Caribbean
Chile Colombia Costa Rica Cuba Dominican Rep. Ecuador
El Salvador USA Guatemala Haiti Honduras Mexico
Nicaragua Panama Paraguay Peru Puerto Rico Uruguay
Venezuela          


CONCLUSIONS

The struggle for freedom of the press suffered setbacks in many countries of the hemisphere during the past six months, largely at the hands of criminals operating with impunity, repressive regimes in Cuba and Venezuela, and government officials seeking restrictive legislation.

As in previous years, many journalists were murdered, injured or driven into exile simply for practicing their professions.

Some positive developments managed to break through. Several countries rolled back laws that threatened journalists with jail or fines even for printing the truth about public officials. Most notably, the Inter-American Court of Human Rights ruled that public officials could be held to a higher standard of performance by journalists, and that archaic laws barring the media from repeating “third-party’’ allegations against these officials were contrary to the American Convention on Human Rights.

Nine journalists from Brazil, Mexico, Paraguay, Peru, the Dominican Republic and Venezuela and one newspaper vendor in Colombia were killed since the mid-year meeting in March.

Mexico was especially deadly. The murder of Francisco Ortiz Franco was odious. The editor of the newsweekly Zeta in Tijuana, Francisco Ortiz Franco was serving on an IAPA task force reviewing the file of the murder cases of the two other Mexican journalists, Hector Felix Miranda and Victor Manuel Oropeza. On June 22, shortly after the task force submitted its report, Francisco Ortiz Franco was gunned down in his car. Five members of a drug cartel have been arrested so far.

The outrage engendered by these murders compelled President Vicente Fox to submit legislation to the Mexican Congress proposing that crimes against journalists for their work be investigated and prosecuted by the federal government. That legislation is a direct result of work done by IAPA to combat impunity.

In Cuba’s prisons, 32 journalists continue serving sentences ranging from three to 27 years. Among them is Raul Rivero, regional vice president of the IAPA’s Committee on Freedom of the Press. The wives, mothers and relatives of many of these prisoners of conscience have bravely taken their own protests public as the “Ladies in White.”

The situation in Venezuela is taking an alarming turn toward press restriction and intimidation. A proposal entitled the Law of Social Responsibility of Radio and Television would muzzle the broadcast media, give fundamental control over programming to the government and, in effect, permit prior restraint. In addition, physical intimidation against journalists grows.

In Argentina and Brazil, the political leadership has shown no interest in encouraging greater freedoms. Argentine President Nestor Kirchner’s policy toward the media has been described as “absolute official deafness.’’ Access to public information is being debated by a Senate committee.

In Brazil, President Luis Inacio Lula da Silva has backed two measures that could also restrict press freedoms. One would establish a Federal Journalism Council, which would have the power to penalize journalists who violate its tenets and could give the government greater authority over the media. A second measure, a so-called gag law, would make it a crime for a government employee to provide information on an on-going investigation to the media without going through official channels.

In Ecuador, the new Transparency and Access to Information Law holds promise, although regulations effectuating it haven’t yet been completed.

In Guatemala and in Honduras, laws have been proposed or enacted severely restricting the news media’s ability to report on political campaigns. In Honduras, a law passed in May bars the media from publishing “propaganda” within 50 days of a primary election and 90 days of a general election. All such laws amount to prior restraint on the press, directly contrary to freedom of expression guarantees in the Law on Expression of Thought.

Several journalists and media organizations have found themselves facing attack from a new direction – libel or other defamation suits filed under so-called “honor’’ laws. In Peru, such lawsuits demand onerous damage amounts which, if awarded, would bankrupt the news organizations.

Media organizations in the United States have expressed concern over the federal government’s attempt to reveal the source of a news tip given to several journalists that led to the identification of a CIA agent, a federal crime. A federal judge has sentenced two prominent journalists to prison and fined their organizations for refusing to divulge the source. The sentences have been suspended awaiting appeal, but the rulings have the potential to chill communication between government officials and reporters.