Panama: IAPA asks Congress to strengthen reforms on press freedom

ENGLISH VERSION.

IAPA asks Panamanian Congress to strengthen reforms on press freedom

Recommendations during Chapultepec Forum on decriminalization of libel and slander, right to reply, transparency, and access to public information.

Panama (February 14, 2006) The Inter American Press Association (IAPA) at the conclusion of a forum with legislators and media attorneys in Panama recommended today measures to decriminalize libel and slander that would give this country inter-American case law on the matter.

IAPA President Diana Daniels, vice president of The Washington Post Company, congratulated the Panamanian legislators and journalists on the discussion with the understanding that the result is part of a process towards a more transparent, pluralistic and democratic society.

Fifteen national legislators participated in the forum, including the president of the National Assembly, Elias Castillo (Democratic Revolutionary Party - PRD). During a panel, moderated by Human Rights Ombudsman, Juan Tejada, Congressman Castillo said that there are abuses by journalists and government officials in terms of freedom of expression, but he recognized that there is agreement on the need for greater tolerance for criticism. He also said that the Assembly could analyze the need to decriminalize the items mentioned.

Meanwhile, Congressman Arturo Arauz (National Liberal Party- PLN) from the opposition agreed that Panama should adopt inter-American case law on decriminalization and if this was not included in the current debate on reforms to the Penal Code, his party is willing to introduce a bill on this matter.

Jose Roberto Dutriz, publisher of La Prensa Gráfica in El Salvador and regional vice chairman for that country on the IAPAs Committee on Freedom of the Press and Information, explained positive advances reported on the decriminalization of defamation in his country.

Juan Luis Correa, IAPA Secretary and General Manager of La Prensa in Panama; Fernando Berguido, the papers publisher; and Gilberto Arias, editor of El Panamá América, as well as attorney Guido Rodriguez, representative of the Office of the Human Rights Ombudsman, were in charge of working groups to draft recommendations on the right of reply, decriminalization, and access to public information.

This work was done on Monday during a forum for media attorneys.

At the end of the day, the IAPAs recommendations were submitted to the National Assembly by IAPA First Vice President, Rafael Molina, editor of El Día in the Dominican Republic.

During the closing, Panamanian Minister of Government and Justice, Hector Aleman, mentioned the accomplishments of the Executive Branch in press freedom, especially on the repeal of gag laws.

During the two working sessions, the discussion was enriched by numerous Panamanian personalities, including Attorney General, Ana María Gómez; president of the Bar Association, Mercedes Araúz de Grimaldo; a group of important attorneys, among them, Rogelio Saltarín, Alejandro Watson, Miguel Antonio Bernal, and Edgardo Molina Mola, a former Supreme Court justice. Also participating were journalists Lucy Molinar, Octavio Amat, Harry Iglesias and Luis H. Moreno, director of the Association on Ethics and Civics; Enrique de Obarrio, president of the Panamanian Business Association; Fernán Molinos, from the National Council on Journalism, and Magaly Castillo, executive director of Citizen Alliance for Justice.

The IAPAs Chapultepec Project, sponsored by the Robert R. McCormick Tribune Foundation, is organizing a series of Legislative Conferences in Latin America in order to promote laws on access to public that restrict freedom of the press and of expression, among other objectives.

The IAPA international delegation besides Diana Daniels, Rafael Molina and José Roberto Dutriz, was comprised of Julio E. Muñoz, Executive Director; Ricardo Trotti, Press Freedom Director; Sally Zamudio, Chapultepec Project Manager, and Alfonso Juarez, coordinator.

IAPA recommendations to the National Assembly:
On the Right to Reply (Law 22, June 29, 2005)

Newspapers are willing to accept a reply or correction, but they are reluctant to legal regulations that force them to do so, which can harm freedom of expression. It should be clear that the concept of correction is part of a professional code of ethics and the media that provide a space for this are following their commitment to the publics right to information. In practice, it is evident that those who mostly use this legislation are public officials and not average citizens, thus following a culture that grants privileges and protects public officials that dates back to times when there were gag laws. The law today should differentiate between the public official and the common citizen, the former being subject to oversight and should tolerate not only criticism but also mistakes. Their right to correction should be limited to inaccuracies in specific items, but not to opinions or criticisms. The law also does not clearly define the necessary level of inaccuracy to warrant a reply and this should only be subject to news written by the newspaper itself. The complete or partial elimination should be considered of Law 1 of 1988, since aspects are superseded in current legislation. The law establishes that the courts can order a reply in the media, but it should also be considered that the court could deny it. Replies cannot be unlimited. It should be clarified which is the proper court to deal with lawsuits on correction, as well as jurisdiction; in Spain, for instance, the punishment is limited to court costs, but not punitive damages. It is recommended that cases be treated as situations protected by constitutional guarantees, which means that they should go before the Supreme Court. On the decriminalization of libel and slander The inter-American system on Human Rights and the IAPA recommend the decriminalization of libel and slander so that the reputation of public servants be protected exclusively by civil law institutions, incorporating also what is known as the doctrine of actual malice. The repeal of Article 180 of the Penal Code is recommended, which establishes privileged treatment for high government officials. This provision dates back to 1988, during the harshest period of the military dictatorship. In following recommendations from the inter-American system on the protection of human rights, crimes of libel should be decriminalized, since public servants should be subjected to greater scrutiny than common citizens and the media. There needs to be an awareness campaign between public officials and government employees so that there is a deeper understanding on how these crimes contradict standards on human rights and on the right to public information. It is recommended that information be disseminated on the inter-American doctrine and its role in the constitutional framework; discussion groups and forums be promoted on the issue; and inter-American case law be used in rulings of local courts. On the Law on Access to Public Information This legislation begs many serious questions. There still exists a culture of secrecy in Government, which has not been overcome. Public employees are reluctant to offer information, and, in general, deny or make excuses upon receiving requests. Therefore, it is recommended improving Chapter VI of the law that deals with sanctions and responsibilities of government employees when information is denied. There cannot be an adequate implementation of this law while there is no awareness campaign at all levels on the benefits and how it can be used in practice. In general, citizens, public officials, and civil society do not use this law, so the Government is urged to launch a staunch educational campaign. By implementing these recommendations, the IAPA believes the National Congress of Panama will take an important step in guaranteeing the constitutional rights of freedom of expression and of the press, as well as the right of all citizens to information in its broadest sense.

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Panama: IAPA asks Congress to strengthen reforms on press freedom

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