PANAMA
Since the
Midyear Meeting of the Inter-American Press Association in Los Cabos, Mexico,
the most significant developments for freedom of speech and free access to public
information are the following:
In fulfillment
of an election promise, the current administration repealed the regulations
for the Free Access to Information Public Act, which for all intents and purposes
annulled the law. This represents very important progress benefiting all media
and journalists who prevail themselves of the rights set forth under the law;
among them, Habeas Data or freedom of information requests for those cases where
government officials deny requests for information without any legal or constitutional
grounds.
In other
respects, the current administration has promised, just as all those since 1989,
to eliminate all restraining legal statutes that continue to seriously diminish
freedom of the press, restrict the right to public information, as we have reported
in previous meetings of the IAPA. This persistence of restrictive legislation
is due to the fact that there has been a lack of political will to fulfill promises
made.
Recently
a number of bills were introduced in the Legislature explicitly aimed at repealing
statutes which might be considered as abridging freedom of the press and speech.
One of these
bills, without addressing its stated purpose, seeks on the whole to establish
a labor code governing print journalists, and radio and television personalities.
Other, more
significant bill, seek to repeal libel laws covering defamation and insults,
which is to say decriminalize and move them to civil jurisdiction, regulate
government advertising to prevent its use in favor or to the detriment of the
media, regulate the right of reply and repeal the so-called “crime of
insulting public officials.” It must be clarified that in Panama, applying
a strictly legal interpretation, the crime of insulting public officials is
the repeated contempt of court orders to perform or refrain from performing
certain acts. However, the wording of the relevant section of the bill actually
seeks to eliminate those statutory provisions enabling certain government officials
to levy fines without a prior trial.
In closing,
there have been repeated unsuccessful attempts to introduce a bill that would
impose qualifications for journalists and persons working in the media. This
bill has failed in past legislative sessions, and it is our hope that it falls
short again.