8 September 2004
NEW LEGISLATORS URGED TO REFORM DEFAMATION LAWS
As Panama's new president, Martin Torrijos, takes up office this month, IFEX members are calling on the country's new government to approve constitutional reforms that would decriminalise defamation.
Reporters Without Borders (Reporters sans frontierès, RSF), the Committee to Protect Journalists (CPJ) and the World Press Freedom Committee (WPFC) have called for the repeal of Article 33.1 from Panama's Constitution. Article 33.1 contains several provisions that allow public officials to order fines or arrests, without trial, against "whoever offends or disrespects them while they are carrying out the duties of their office or as a result of carrying out those duties."
Panama's legislative assembly, composed of newly elected members, is scheduled to vote soon on whether Article 33.1 should be repealed. The previous assembly had passed a bill on 27 July 2004 eliminating Article 33.1 from the Constitution. However, for the reform to take legal effect, the new assembly must also approve the bill.
Even if the Article was repealed, there would still be other provisions under which journalists could be jailed for offending a public official, says RSF. The penal code provides for up to two years in prison for "defamation, insults or tarnishing the honour of a person or a state institution." RSF says these provisions should also be abolished.
Meanwhile, more than 80 journalists who were facing charges for defamation have been pardoned. Outgoing president Mireya Moscoso announced the move after consultations with the Panama Journalists' Union (Sindicato de Periodistas de Panama).
For more information, visit:
- RSF: http://www.rsf.org/article.php3?id_article=11304
- WPFC: http://www.ifex.org/en/content/view/full/60099/
- CPJ: http://www.cpj.org/protests/04ltrs/Panama22july04pl.html
- Knight Center for Journalism in the Americas: http://knightcenter.utexas.edu/newsandarticles.php?page=1821
(Map: © Human Rights Watch)
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