31 March 2004
"DESACATO" LAWS HAMPER FREE EXPRESSION, SAYS OAS
The use of criminal defamation and insult laws against journalists in many Latin American countries continues to pose a serious obstacle for free expression in the region, says a new report by the Organization of American State's (OAS) Special Rapporteur on Free Expression.
Eduardo Bertoni's report, submitted to the Inter-American Commission on Human Rights (IACHR) - a branch of the OAS - surveys freedom of expression in 24 countries and finds that half of them still have these types of laws on their statutes. "Those [OAS] member states that have yet to do so need to amend their criminal laws to bring them into line with the [IACHR's] declaration of principles on freedom of expression," Bertoni urges.
In many countries, criminal proceedings continue to be launched against those who express themselves critically regarding issues of public interest, says Bertoni. These legal actions persist because of the continued existence of "desacato" (insult) and other criminal defamation provisions in the statutes.
To cite one example, a Costa Rican court has ordered journalist Mauricio Herrera Ulloa to pay a former Costa Rican diplomat 60 million colones (US$200,000) in damages for writing articles linking the diplomat to corruption. Herrera Ulloa is appealing the case at the Inter-American Court of Human Rights. The Committee to Protect Journalists (CPJ) and ARTICLE 19 have submitted legal briefs to the court in support of Herrera Ulloa's case.
This week, ARTICLE 19 released details of its brief, arguing that Costa Rica's defamation laws are incompatible with international standards on free expression. "These laws have historically been the subject of serious abuse ... and are disproportionate to the harm done" to free expression, argues ARTICLE 19. The organisation says the fines imposed on Herrera Ulloa went far beyond what was necessary to redress the harm done to the diplomat's reputation.
If the court rules in Herrera Ulloa's favour, it could force many countries in the Americas to repeal criminal defamation laws that remain in their statutes. The court's rulings are legally binding on more than 20 countries that have accepted the court's jurisdiction, including Costa Rica.
Read the legal briefings submitted by:
ARTICLE 19: http://www.article19.org/docimages/1739.doc
CPJ: http://www.cpj.org/news/2004/Costa19feb04na.html
Read Bertoni's annual report: http://www.cidh.org/relatoria/English/AnnualReports/AR03/TOC2003.htm
Visit these links:
- IACHR Declaration of Principles on Free Expression: http://www.cidh.oas.org/Relatoria/English/Declaration.htm
- Inter-American Court of Human Rights: http://www.corteidh.or.cr/
- IFEX: http://www.ifex.org/en/content/view/full/236/
RSS