PUERTO RICO
During
the past six months, and with the approach of the November elections, conflicts
have continued between the press and the political parties, namely the New Progressive
Party (PNP) on account of press coverage of its activities. This reached the
point where journalist's organizations and associations have called on the political
parties to cease their attacks on the press.
On September
4 the newspaper El Vocero ran a story that the First Circuit Court of Appeals
in Boston had ordered the US District Court - Puerto Rico District, to hear
a case on the criminal libel law. The newspaper had been involved in litigation
over the law for years, after one of its reporters was charged under that statute,
and two others threatened. Reportedly, the Circuit Court vacated a decision
by Federal Judge Jay García Gregory, unduly quashing without review an
appeal filed by the reporter, Tomás de Jesús Mangual, joined by
the Caribbean International News Corp., the parent company of El Vocero, the
journalists Jorge Luis Medina (for El Vocero), Manny Suárez, for The
San Juan Star, and the Overseas Press Club.
The higher
court remanded the case back to Judge Gregory to rule on the validity of the
law in cases where the plaintiff is a private party. Likewise the Department
of Justice was ordered to report whether or not it would stand by the law. A
series of articles published by El Vocero in 1998 concerning corruption in the
Police Anti-Narcotics Division in Caguas gave rise to the action. Officer Elsa
Rivera Colón, one of the persons implicated, sued the reporter Obed Betancourt
for libel. She was also able to have him charged with criminal libel, which
was dismissed at the arraignment hearing. El Vocero then took the case to Federal
Court, in order to “vindicate the rights of the press.” Last January
the Circuit Court struck down four articles of the criminal libel law of Puerto
Rico as unconstitutional.
In its September
9 edition, El Nuevo Día reported on Department of Health internal regulations
governing conduct and discipline, which it characterized as a gag order aimed
at preventing officials from providing information about the department. One
of their provisions states that employees may be terminated or suspended for
divulging confidential information to the press.
The administration
of Governor Sila Calderón kicked off a series of meetings with journalists
on September 9. These conferences, set for Tuesdays and Thursdays, with the
Secretary of Government Affairs, César Miranda, aimed at improving the
dialogue between the press and the administration.
The trial
of El Vocero in the matter of the libel lawsuit brought by Governor Sila Calderón
has been set for February 22, 23 and 24, 2005. The newspaper reportedly attempted
to reach a settlement for an undisclosed sum, but to no avail. Attorneys for
Calderón, her daughters and former husband Adolfo Krans, asked that the
newspaper be held for libel for the publication of an article reporting on mistreatment
by the governor of a servant alleged allegedly in her employ. This report was
published the day of the first gubernatorial candidates' debate, in the weeks
leading up to the 2000 elections. The plaintiffs are asking for $2 million in
damages.
On October
7, the weekly Claridad reported that the supermarket chain Amigo, owned by Walmart,
banned the sale of the publication at its stores, after it ran stories denouncing
its alleged anti-labor practices.
The Chief
Justice of the Supreme Court, Federico Hernández Denton, agreed to discuss
with photojournalists the use of cameras and television in the courtrooms. On
October 14, he indicated that if the photojournalists present a proposal about
the use of cameras in the courtroom, which are currently banned under judicial
ethics rule 17, he would undertake to bring the matter up for consideration
by a committee presently reviewing ethics rules. The photographers have been
unsuccessfully requesting courtroom access for a number of years.