During this period, freedom of the press has been particularly affected by at least three trials of journalists who have denounced actions related to corruption. These cases originated in the private sector.
There is a great deal of tension in the news media over the potential discussion of the Law on the Right of Access to Public Information, which, under the guise of a preventive measure to combat corruption, is being discussed by the National Anti-Corruption Council, which is coordinated by Cardinal Oscar Andrés Rodríguez.
The bill is based on a model law proposed to Central American countries by the Organization of American States (OAS). The Council is discussing the bill with various groups before sending it to Congress. Article 32 of the bill states that “anyone who takes advantage of the privileges of his position or access to information in order to reveal personal information or government data specifically protected by this law shall receive a sentence depriving him of his freedom for one to three years.”
In August, Rossana Guevara, director of Corporación Televicentro’s news program “Noticiero TN5” on Channel 5, and Sandra Moreno, a reporter for the same program, were sued for defamation and libel by Víctor Bendeck, a member of the Central American Parliament (PARLACEN). Bendeck is a former banker and media mogul who is currently on the run from charges related to a bank failure involving millions of dollars. Both Guevara and Moreno were subpoenaed to appear at a settlement hearing on August 13, 2003. The crime of defamation and libel is not releasable on bond in Honduras and carries a sentence of six to nine years.
Guevara subsequently filed a statement claiming that Bendeck’s lawyers, along with a court process-server, attempted to intimidate her and threatened her verbally. Her statement was taken by the Chief Justice herself, Vilma Morales.
A reporter for the same news organization, Renato Álvarez, who moderates “Frente a Frente,” a debate segment broadcast by Corporación Televicentro channels 3, 5 and 7, faces several lawsuits for defamation and libel. The lawsuits stem from a report on alleged drug trafficking ties in Honduras. Two of the people mentioned in the report, attorney Rossel Barralaga and former congressman Eduardo Sarmiento, subpoenaed Álvarez to reveal the source of the report, which he has refused to do. In the case of Barralaga, the attorney, he is suing for $99,000. Two settlement hearings held in August 2003 ended in failure.
Álvarez has based his defense on the grounds that the country’s Constitution and international conventions on freedom of expression guarantee him the right to both do the report and keep his source confidential. He has also stated that the report presented on his show has been in the possession of government agencies for the past year.
The same reporter is facing a lawsuit for the same reason from the former Chief of the Preventive Police, Álvaro Flores Ponce, and his brother, current police captain Jimmy Flores Ponce. He attended a settlement hearing with them in which the plaintiffs accepted the reporter’s explanations. Also, an arrest warrant is still pending against Arnulfo Aguilar, director of Radio Uno, for a piece on former judge Thelma de Zeron. Also pending is the lawsuit against journalist Serapio Umanzor for reports implicating Congressman Francisco Herrera Donninelli and his family in the fraudulent acquisition of privately owned land.

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