26 April 2006
MEDIA LAW REFORMS HAILED
Mexico's Chamber of Deputies has passed two bills that would eliminate criminal defamation, libel and slander laws from federal statutes, and protect journalists from being forced to reveal their sources to authorities, a move applauded by the Inter American Press Association (IAPA), Reporters Without Borders (Reporters sans frontières, RSF) and the Committee to Protect Journalists.
By decriminalising "press crimes," defamation, libel, and slander would no longer be considered criminal offences under federal law. Articles 350 to 363 of the federal penal code would be repealed, and journalists would no longer face prison sentences. The reform makes defamation, libel and slander civil offences under articles 1916 and 1916b of the civil code, which would be subject to monetary damages.
Passed in the Chamber by a vote of 361-0, with 13 abstentions, the bill now goes before the Senate. If passed, it must be signed by President Vicente Fox to enter into force. Fox, who is due to leave office in December, has publicly expressed support for the measure.
CPJ notes that the bill does not offer complete protection from criminal defamation complaints. State laws that criminalise libel would remain in effect. However, President Fox is urging state legislatures to follow the lead of Congress by repealing their criminal defamation laws. RSF notes that in the state of Chiapas, the maximum penalty for defamation is nine years in prison.
The second bill gives journalists the right to withhold information from authorities that could reveal their source's identity. The bill covers tapes, telephone records, notes, archives, and documents. It also provides for prison penalties if public officials fail to comply with the bill.
The bill has cleared both the lower Chamber of Deputies and the Senate, and awaits Fox's signature. He is said to favour the bill.
Visit these links:
- IAPA: http://www.ifex.org/en/content/view/full/73911/
- CPJ: http://www.cpj.org/news/2006/americas/mexico20apr06na.html
- RSF: http://www.rsf.org/article.php3?id_article=17261
- ARTICLE 19: http://www.article19.org/pdfs/standards/definingdefamation.pdf
- OAS Report on Criminal Defamation Laws:
http://www.cidh.org/Relatoria/showarticle.asp?artID=310&lID=1
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