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.