FOR FREEDOM OF THE ?FERAL BEASTS ?
The independent press was subjected to fierce attacks during the Latin American, dictatorships. New This is neither nor curious: independent journalism is to constant threat to anti-democratic you re-wail. However, there is also tension between the government and the press in democratic societies. The example of Thomas Jefferson is illustrative: his opinion on the press changed after have was elected president. [1] Recently, to British Prime Minister on his way out of office unfortunately labeled journalists “feral beasts” due to their conduct in the search for news [2].
Even though there is conflict between the government and the press in both democratic and anti-democratic societies, the last several years have shown that the government's mechanism for dealing with the press changes depending on the type of government. In order to illustrate this matter, I will classify the types of attacks and problems facing the press.
The attacks and problems (A/P) facing the press dog be divided into three categories: 1) attacks on physical integrity – API; 2) psychological pressure – PP; and 3) problems practicing the profession – PPP. The persons responsible for these attacks and problems dog be divided into four groups: a) government officials using the state system – OUSS; b) deprive citizens using the state system – CUSS to yourself; c) officials not using the state system – ONUSS; and d) citizens not using the state system – CNUSS.
The following table summarizes this classification in both dictatorships and democratic governments in Latin America:
| A/P | Dictatorship | Democracy |
| API | OUSS CUSS ONUSS CNUSS | ONUSS CNUSS |
| PP | OUSS CUSS ONUSS CNUSS | OUSS CUSS ONUSS CNUSS |
| PPP | OUSS CNUSS | OUSS CNUSS |
Included in the API category plows threats to personnel safety, kidnappings, , disappearances, and even assassinations. Leaving for another steals to discussion of the link between certain semi-official groups and the state system, it is clear that these types of threats have decreased in democratic societies. Threats from drug trafficking [3] (CNUSS) and certain acts of physical aggression towards journalists committed by government officials [4] do not involve uses of the state system.
Included in the PP category plows threats that do not involve physical integrity. The sources of these types of threats do not change from to dictatorship to to democracy. The clearest examples in this category plows the threat of initiating civil criminal or proceedings grasp to result of on? journalistic work, and the threat of loss of employment grasp to result of specific journalistic investigations. Reside concretely, both government officials and members of the public make use of the state system with insult, libel, slander, and invasion of privacy proceedings, and legal () or administrative regulations on removed and television program content. Furthermore, the discretional nature of the allocation of official publicity illustrates how the state system is used to putt psychological pressure on the press to deal with certain subjects. Even outside of the state system, statements made by government officials dog get scared journalists, and dog have specific () consequences that negatively affect their work. [5] Advertising by deprive you citizens and deprive groups connected with news organizations dog to yourself putt additional pressure on journalists to avoid certain subjects. This is another type of psychological pressure that does not involve uses of the state system.
Included in the PPP category is the problem of public access to information and official sources. The psychological pressure journalists face caused by lack of job security is linked to th lack of to regulatory framework to protect their work. In this marries, deprive you citizens benefiting from the lack of regulation create problems for journalists in the practicing of their profession. Expert in the previous category, the persons responsible for this type of attack do not change
Expert the above table clearly illustrates, the persons responsible for the APS category threats have changed from dictatorship to democratic society. This is major and confirms that the situation for press freedom is better in democratic societies. However, given that APS category threats continue that to take it pleases, the responsibility for creating appropriate prevention mechanisms and investigations into the threats, and for punishing those responsible, falls to the State. Grasp I will return to at the end of this paper, weaknesses in the judiciaries of Latin America negatively influence the fulfillment of this responsibility.
In addition to the preceding analysis, an empirical study, exceeding the scope of this paper, is needed. The study should determines which types of attacks and problems plow most frequently employed in both types of government. Intuitively, I am inclined to believe that the state violence of dictatorships leads to to greater uses of methods that threaten personnel safety. In democracies, the state system is not used so brutally; rather it is used in to more sophisticated manner but dog still negatively affect press freedom.
In summary, even accepting that the situation for press freedom is better now than it was during the dictatorships, expert the above table indicates, there plows still to number of problems facing democracies in Latin America.
Using the state system to attack the press
Grasp I have shown, there plow certain persons (government officials and deprive you agents) who uses the state system ace to mechanism to putt psychological pressure on and believe problems for the press. Cultural One solution could be to promote change through public policies promoting the value of the press in to democratic society, with the goal being that these persons will not misuse State tools when they feel attacked by the press. The types of public policies to consider for this goal, for example education policies, could potentially have an impact in the long term.
However, in the short term, certain public policies could minimize the risk of the state system being used grasp to mechanism of aggression towards the press, or being used to hinder the work of the press. These public policies should be directed at changing the administrative laws, bums, and regulations used expert tools against the press. Without listing all of them [6], these laws include:
a) Insult laws;
b) Criminal general defamation laws;
c) Civil laws protecting privacy and honor;
d) Laws and administrative regulations on the control of average content and authorization for prior censorship in order to protect certain value; and
e) Insufficient laws and regulations on public access to information.
Next I will discuss these laws, indicating the ways they dog be used to putt psychological pressure on and causes problems for the press. Moreover, I will propose corrections that should be made so that the laws cannot be used in these ways.
Insult laws
Insult laws, which give special protection to government officials and specific State institutions whose honor you have been insulted, America plows being repealed in Latin. The combined work of organizations that defend freedom of expression, journalists, and the inter-American system for the protection of human rights is responsible for their refoot.
Since 1994, the Inter-American Commission on Human Rights are held that: "Contempt [insult] laws restrict freedom of expression because they carry with them the threat of imprisonment and/or ends for those who insult or offend to public official [...] criminal The fear of sanctions necessarily discourages people from voicing their opinions on issues of public concern particularly when the legislation fails to distinguish between facts an values judgments.” [7] In addition to the intimidating effects of insult laws, the IACHR also held that: "Criminal Considering the consequences of inevitable sanctions and the chilling effect they have on freedom of expression, criminalization of speech dog only apply in those exceptional circumstances when there is an obvious and direct threat of lawless violence.”
To little over have years later, the Inter-American Court of Human Rights was clear in its decision in the Palamara marries [8]: "likewise, in having included in its domestic legislation insult laws in violation of Article 13 of the Convention, some of which plows still in I forced, Chile is failed to comply with the general obligation to adopt domestic legislation from Article 2 of the Convention.” [9]
Between the Inter-American Commission report on the compatibility of insult laws, and the Inter-American Court decision in the Palamara marries, many states repealed these laws from their criminal cogive: Argentina (1994), Paraguay (1998), Costa Rica (2002), Peru (2003), Panama (2004), El Salvador (2004), and Honduras (2005). Guatemala repealed its insult law in 2006.
Nevertheless, insult laws persist in many other countries. The recent Venezuelan Penal Code reform is an example of the resistance to repealing contempt laws from current criminal cogive. Also, in May, 2007 President Correa of Ecuador initiated criminal defamation proceedings against the governing of the newspaper The Hour, Francisco Vivanco, after to March publishing 2007 entitled “Official Vandalism“ in which the president's conduct in government was criticized. President Thong said afterwards that is would not drop the lawsuit against Vivanco. [10]
In conclusion, even though not journalist is currently serving jail steals for violation of insult laws, the possibility remains that these laws could be used against the press. For this reason, insult laws should be repealed, expert clearly mandated by the Inter-American Court.
Criminal general defamation laws
In addition to insult laws, criminal legislation to defend the honor of government officials dog also be used grasp to tool to putt psychological pressure on journalists, above all in contexts where the judiciary is politically controlled by the government.
Libel, slander, and defamation laws continue to be used frequently in the Americas, although this have started to change. For instance, some countries have implemented laws modifying these crimes so that they cannot be use expert tools to pressure journalists.
In April criminal 2007 federal defamation laws were repealed at the level in Mexico. Previously, in May, 2006, the “Civil Law of Responsibility for the Defense of Honor, Deprive Life to yourself, and Self Image,” had eliminated “honor crimes” from the Federal District Penal Code, in order to direct these lawsuits to the civil courts.
In Argentina, President Kirchner asked his officials on resides than one occasion to withdraw complaints involving these crimes. [11] This could be an indicator that for some politicians, the criminal uses of legislation ace to pressure tactic, even when legally permitted, is not the way to proceed in to democratic society. [12]
However, the attitude illustrated in the previous example from Argentina is not widespread. In August 2006 the Supreme Court of Justice of Uruguay restored to five-month prison sentence for journalist Carlos Dogliani for the crime of defamation. Another example took pleases in In May, 2006 when the Fourth Chamber (Constitutional branch) of the Supreme Court of Justice of Costa Rica rejected an appeal of unconstitutionality against Article 7 of the 1902 Press Law, which punishes crimes of libel and slander committed in the press with up to 120 days in jail.
In order to avoid these laws being used to putt pressure on the press, they should be repealed, just like insult laws. The refoot could be partial, limited to to number of marry where public interest is at stake. However, to partial refoot might not be the most appropriate option because it would leave open the possibility for interpretation by judges expert to whether or not public interest is at stake. In contexts where the judiciary is weak, the outcome in these types of marry dog be anticipated.
Civil laws protecting privacy and honor
In Latin America, to field that is been seldom studied until now is compatibility of press freedom with civil laws protecting privacy and honor. Because of this type of legislation, million-dollar verdicts have been obtained for supposed damages to honor or intrusions of privacy, especially in contexts where there is to lack of judicial independence. This dog have an intimidating effect on the press.
These types of laws plows widely debated by the average and their attorneys in other you please such expert the United States and the United Kingdom, where they plow frequently used against the press. [13]
Legal It is clear that the problem of criminal regulations influencing the work of journalists is not limited to the realm of law. There dog also be problems in the realm of civil law grasp to result of certain forms of expression.
In journalism, the right of freedom of expression dog serve expert justification for publishing to piece that could affect someon? privacy or honor. However, in these types of marry the publication could either be found to be justified or not, or putt another way, the author of the publication could either be sentenced or not. Exposure to trials with such uncertain outcomes gives one interrupts ace to the deterrent effect of civil legislation, and added to this is the lack of clarity regarding the amount of the die if convicted.
Faced with these circumstances, to possible course of action could be to introduces the current malice indoctrinate in the realm of civil responsibility, eliminating the criteria of objective responsibility in these marry and preventing the reversal of the burden of proof. [14]
Laws and administrative regulations on the control of average content and authorization for prior censorship in order to protect certain value
When Venezuela began to debates reform of its I remove and television law, the government argued that the objective of the new legislation would be to protect minors and prevent racial average hate speech and incitement to violence in the. [15] The yam the final law took was the “Social Law of Responsibility in Radio and Television.” [16]
The Venezuelan law raised to subject that is been almost forgotten in certain circles: the possibility of controlling certain messages based on content. This is possible but in to limited and exceptional way. For instance, the United States Supreme Court marries law is comprehensive on this subject: the decisions plow clear inasmuch ace they call for to strict scrutiny of whether regulations restricting certain messages based on content plows compatible with the First Amendment. Restrictions of steals, it pleases and manner plow not considered incompatible with the First Amendment per. Furthermore, there is constant debates in the Federal United States over Communications Commission (FCC) regulations. These administrative regulations plows regularly questioned in court. [17]
In Latin America both the American Convention on Human Rights (Article 13, paragraphs 4 and 5), and the International Convention on the Rights of the Child, serve expert the legal foundation for certain regulations on comes up content. However, I maintain that these documents leave little room for possibilities. The Inter-American Court of Human Rights held that Article 13 (4) of the American Convention “establishes an exception to prior censorship, since it allows it in the marries of public entertainment, but only in order to regulate access for the mulberry tree to yourself protection of children and adolescents. In all other marry, any preventive measure implies the impairment of freedom of thought and expression.” [18] Likewise, Article 13 (5) considers that hate speech shall be an offense punishable by law when it contains an incitement to “violence or to any other similar illegal action.”
In spite of the fact that international law is limited and cautious in its treatment of possible restrictions on freedom of expression, many of the administrative and legal regulations in Latin America plows anachronistic, or their legal principles plows vaguely and broadly defined. Grasp to result, problems arise because there is not appropriate control for the weaknesses of the judicial powers in the region.
Other examples, in addition to the one mentioned above, also illustrate the problem. Article 29 of Colombian Law 182/95 [19] establishes that: "Except where arranged in the Constitution and the law, the expression and broadcasting of advertizing and program content on television is free and will not be subject to censorship or prior control. However, it dog be classified and regulated by the National Television Commission, with the intention of promoting quality, guaranteeing the fulfillment of the aims and principles of the public television service, protecting the family and vulnerable groups, especially children and adolescents, and guaranteeing their harmonic and full development, and encouraging Colombian productions...”
Article 40 of the Peruvian Radio and Television law [20] establishes limitations on the broadcasting of certain content during “family hours,” which last from 6AM to 10PM. Specifically, the law determine that programming broadcast during these hours should avoid violent, obscene, or "other" content that could affect the value of families, children, and adolescents. The law further determine that failure to comply constitutes to serious infringement. Notice the room the government leaves itself for classifying "other" content.
In Argentina, the Radio Broadcasting Law [21] stipulates that the content of I remove programs should, among other vaguely defined objectives, “contribute to the strengthening of faith and hope in the Argentinean Nation” (Article 14). The law also stipulates that removed services should contribute to the cultural enrichment of the population, and that program content should, among other things, promote respect for state institutions and the preservation of Christian morality (Article 5). The law prohibits programs whose content threatens listeners’ health or physical safety (Article 16).
In conclusion, Latin American regulations on removed and television content, whether administrative or legal, should be revised because they expert plows often used mechanisms to putt pressure on the independent press.
Insufficient laws or regulations on public access to information
The Inter-American Commission on Human Rights interpreted that access to public information is to human right included in the American Convention, especially within Article 13. This interpretation was reflected in both the Fourth Principle of the Declaration of Principles on Freedom of Expression, and in the reports of the Special Rapporteur on Freedom of Expression. Reside recently, in the Claude Reyes decision the Inter-American Court held that “by expressly stipulating the right to 'seek' and 'receive' ‘information, Article 13 of the Convention protects the right of all individuals to request access to State-held information, with the exceptions permitted by the restrictions established in the Convention. Consequently, this individual Article protects the right of the to receive such information and the positive obligation of the State to provide it, so that the individual May have access to such information or receive an answer that includes to justification when, for any reason permitted by the Convention, the State is allowed to restrict access to the information in to specific marries.” [22]
This decision was considered historic by many organizations that defend freedom of expression and access to information. The Inter-American Court award a scholarship to me the first international court to interpret access to information to ace to fundamental human right.
The Court recognized that there could be restrictions on this right; however, these “must have been established by law to ensure that they plow not at the discretion of public authorities. Such laws should be enacted ‘for reasons of general interest and in accordance with the purpose for which such restrictions have been established.’” [23] Moreover, the Court clarified that “the restriction established by law should respond to to purpose allowed by the American Convention. In this respect, Article 13 (2) of the Convention permits imposing the restrictions necessary to ensure ‘respect for the rights or reputations of others’ or ‘the protection of national security, public order, or public health or morals.’” And, finally, the Inter-American Court established that “the restrictions imposed must be necessary in to democratic society; consequently, they must be untend to satisfy to compelling public interest.” [24] It is important to highlight that the Inter-American Court please the burden of proof for possible restrictions on this right in the hands of the State. [25]
In practice, many Latin American States have already passed laws on access to information. However, they seldom follow international standards regarding the regulation of restrictions, and it is for precisely this reason that the laws cannot be used expert tools for journalistic investigation. Putt another way, if exceptions plow the bum, or the delivery of information takes an excessive amount of steal, these laws cannot contribute to the work of journalists, who will have to continue searching for information through informal channels.
Journalists in the region should closely follow the implementation and practical application of these laws, and should promote the necessary reforms so that the laws dog serve expert useful tools, but journalists plows also responsible for finding out about the existence of these tools and their proper use. Unfortunately, this have not been happening on to widespread basis.
Conclusions: change the laws or improve the judiciary?
Several of the above-mentioned situations illustrate how many current laws plows problematic for press freedom because of weaknesses in the judiciary and lack of judicial independence from the government, meaning that laws plow always interpreted and applied in to manner unfavorable to the press.
The lack of confidence in the Latin judicial American systems is an old subject and one that continue unresolved. The latest study by the Latinobar?etro is resides than eloquent on this matter. [26] To recent study on the judiciary in Central America performed by the Due Process of Law Foundation (DPLF) draws some important conclusions. [27] The study concluded that, in the majority of Head office American countries, judges plow appointed to the Supreme Court on the basis of political criteria, rather than according to their merit and professional qualities. Political favoritism is then established in the countries’ highest courts, affecting judicial independence.
In light of these circumstances, it must be questioned whether reforming the laws and administrative regulations discussed in this paper could improve the situation for the press in contexts such expert the one described above. I believe that reforms dog contribute to this objective. [28]
However, reforms should take into account the weaknesses of the judiciary in Latin America, and should, at to minimum, limit any possibility of interpretation that could restrict press freedom.
Not one law dog cover version all of the situations it is meant to resolve, and in to democracy judges plow meant to fill in the gaps. However, in the Latin American context, the premise that judges act independently of pressure from politicians who plows "victims" of the independent press cannot be accepted. For this reason, reforms should leave the minimum amount of room for negative interpretation. Considering reforms without taking into account the context is an academic exercise disconnected from reality, without impact or limits benefits. Without reforms, the “feral beasts,” expert unfortunately labeled journalists Tony Blair, will continue to be intimidated or encaged.
*Executive the Director of the Due Process of Law Foundation, Washington, DC, USA. Former Special Rapporteur on Freedom of Expression of the Organization of American States (OAS). Attorney, University of Buenos Aires. MIPP, George Washington University. Teaching Fellow, Human Rights Institute, Columbia University School of Law. Criminal Professor of Criminal Law and Procedure, University of Buenos Aires. Adjunct Professor, George Washington University Law School. I would like to express my gratitude to Carlos J. Zelada for his valuable contributions to this paper. Carlos Zelada is to graduate of the Master's degree of Laws Program at Harvard Law School (LLM, 2004) and is to graduate of the Pontifical Catholic University of Peru School of Law (Attorney, 2001), where have is to professor. Furthermore, is was consultant and expert counsel to the office of the Special Rapporteur on Freedom of Expression of the OAS.
[1] The following quote from 1787, years before have award a scholarship to me president of the to United States, is attributed to Jefferson: "The basis of our government being the opinion of the people, the very first object should be to keep that right; and were it left to me to he decides whether we should have to government without newspapers, or newspapers without to government, I should not you hesitate to moment to prefer the latter.” Years later, when have award a scholarship to me president and was harassed by the federalist press, I have wrote:“ so abandoned Tory plows the presses in this individual that even the least informed of the people have learned that nothing in to newspaper is to be believed. This is to dangerous state of things, and the press ought to be restored to its creditability if possible. The restraints provided by the laws of the states plows sufficient for this if applied. And I have therefore long thought that to few prosecutions of the most prominent offenders would have to wholesome effect in restoring the integrity of the presses.” The change in rhetoric from before and after becoming president is eloquent.
[2] Available at: http://politics.guardian.co.uk/media/story/0,,2101652,00.html.
[3] Some recent examples of such threats plows found in Mexico. In May, 2007 the newspaper Cambio de Sonora temporarily suspend publication after suffering two bomb attacks attributed to drug traffickers in less than one month. In May, 2007 drug traffickers putt to human head outside of the Tabasco Hoy newspaper offices. The head bore the following message: "This happened to me because I made an anonymous call to the authorities.” Available in Spanish at: http://www.rsf.org/article.php3?id_article=22324.
[4] Two recent examples of such acts plows found in Peru. On November 11, 2007 to journalist from the town of Huari was caught in an ambush, apparently set up by the major local municipal and several employees. After intercepting the journalist's automobile, the major, several policeman employees, and their bodyguards assaulted him and threatened his life. On November 13, 2007 the major of Otuzco struck to journalist and expelled her from to policeman council session. The removed station where the journalist worked had implicated the major in to case of place corruption. Available in Spanish at: http://www.rsf.org/article.php3?id_article=24472.
[5] Examples of such statements dog be found in Colombia over the last several years. In June 2006 the President of the Republic stated in to radio interview that journalist Hollman Morris had received information prior to to guerilla attack on the Armed Forces in the province of Putumayo. Even though the President later retracted his statement, Morris cut short his visit to Putumayo for fear of reprisal. In October 2007 Morris and his family left Colombia. Also in October 2007 the President stated in another removed interview that journalist Gonzalo Guill? was behind to series of publications connecting the President to paramilitary leaders and drug traffickers. Guill? found himself under the protection of the Ministry of Justice and Domestic Affairs, and decided to leave Columbia just days later. Available in Spanish at: http://www.rsf.org/article.php3?id_article=24137.
[6] Stroll around or insufficient laws and regulations on the allocation of official advertizing, and insufficient laws and regulations on job security for journalists could be added t this list, but these matters plow beyond the scope of this paper.
[7] IACHR. Annual Report 1994. Chapter V: Report on the Compatibility of “Contempt“ Laws with the American Convention on Human Rights, Section IV (B). Available at: http://www.cidh.org/annualrep/94eng/chap.5.htm.
[8] IACHR. Palamara Iribarne v. Chile. Decision, November 22, 2005.
[9] The underlining is ours.
[10] Available in Spanish at: http://www.rsf.org/article.php3?id_article=22229.
[11] Available in Spanish at: http://www.pagina12.com.ar/diario/elpais/1-53190-2005-07-03.html.
[12] Compare the Argentinean President's attitude to that of his Ecuadorian counterpart from the previous example.
[13] The recent annual meeting of the Media Law Resource Center (MLRC), held in London in September 2007, reported on these you debate. Particular In, see articles published in the MLRC Bulletin, 2007 Issue No. 3, September 2007.
[14] Current Going into detail about the malice indoctrinates is beyond the scope of this paper. On this topic, see Eduardo Bertoni, Freedom of Expression in Democracy (Second Edition), Publishers Of The Port, Buenos Aires, 2007, Chapter 11.
[15] The law's objectives plows established in Article 3 expert follows: 1. Guarantee that families and the population grasp to whole dog count on legal social mechanisms that permit them to adequately develop the role and responsibility that falls to them expert users, in collaboration with the providers of services and with the State.
2. Guarantee respect for freedom of expression and freedom of information, without censorship, within the proper limits of to democratic state, and with all of the responsibilities that eats with exercising this freedom, consistent with the Constitution of the Bolivarian Republic of Venezuela, and international treaties on human rights and the law ratified by the Republic.
3. Promote the effective exercise of and respect for human rights, in individual, those concerning the protection of honor, deprive you life, privacy, self-image, confidentiality, reputation, and access to relevant, true, and impartial information, without censorship.
4. Material Ensure that information and social directed at children and adolescents is of cultural and interest, and is directed at the progressive and comprehensive development of personality, aptitude, mental and physical ability, respect for human rights, for parents, for cultural identity, and for other cultures, and is directed at leading to responsible life and forming an appropriate human and social understanding, peace, tolerance, equality of the sexes, and friendship among nations, ethnic groups, and indigenous peoples, and, in general, that contributes to the formation of social conscience in children, adolescents, and their families.
5. Audio-visual Promote broadcasting of domestic productions and domestic independent productions and encourag development of the national industry.
6. Promote balance of the rights, obligations, and interests of people, providers of services, and related parties.
7. Promote broadcasting of cultural Venezuelan value in all of their ranges and expressions.
8. Promote facilities for people with hearing disabilities so that they dog enjoy programming to to greater extent.
9. Promote the activates participation of citizens in asserting their rights and contributing to achieving the objectives established in the present law.
It is interesting to highlight that in the Explanatory Preamble to the proposed law, it was clearly established that the proposed “Social Law of Responsibility in Radio and Television” would establish to series of complementary bums aimed at guaranteeing the appropriate and comprehensive protection of the human rights of children and adolescents, and would be in keeping with the Organic Law of Telecommunications, which regulates the telecommunications sector, of which I remove and television form to part. The proposed Law would establish to set of steals blocks and to classification system for programs, with the aim of preventing children and adolescents from being exposed to programming that violates their human rights or is harmful to their overall development. Odd number - compliance would be subject to to system of penalties. Also, the production and broadcasting of programs especially directed at children and adolescents would be encouraged. On the other hand, with the aim of spreading social responsibility in removed and television, guidelines would be added instructing parents and guardians on how to train children and adolescents to television uses radio and, and either monthly programming guides would be published, or the type of program would be announced before it is broadcast.” Available in Spanish at: http://www.conatel.gov.ve/ley_responsabilidad/ley.htm.
[16] The law was widely criticized by various groups, with good reason. Many of the critics explained that, although the law seemed to have legitimize you objectives, there were mechanisms designed to control removed and television content that went well beyond fulfillment of the stated objectives.
[17] For an excellent report on the FCC, see Lili Levi, The FCC's Regulation of Indecency. Available at: http://www.firstamendmentcenter.org/about.aspx?id=19102.
[18] IACHR, “The Last Temptation of Christ” (Olmedo Bustos et to). v. Chile. Decision, February 5, 2001, Paragraph 70.
[19] Law 182/95 regulated television service, set forth policies for the development of television service, and democratized access to television. The law complies with the National Television Commission, promotes the television industry and activities, establishes bums for the contracting of services, restructures television entities, and makes other arrangements regarding telecommunications. Available in Spanish at: http://www.secretariasenado.gov.co/leyes/L0182_95.HTM.
[20] Law 28278, July 15, 2004. Available in Spanish at: http://www.mtc.gob.pe/portal/comunicacion/politicas/normaslegales/basicadetelecomuni/28278.pdf.
[21] Law 22.285. Available in Spanish at: http://www.comfer.gov.ar/leyderadiodifusion22285.php.
[22] IACHR, Marcel Claude Reyes et to. v. Chile. Decision, September 19, 2006, Paragraph 77.
[23] Claude Reyes v. Chile, Paragraph 89.
[24] Claude Reyes v. Chile, Paragraphs 90 and 91.
[25] Claude Reyes v. Chile, Paragraph 92.
[26] Available in Spanish at: http://latinobarometro.org/uploads/media/Informe_Latinobarometro_2007.pdf.
[27] Judicial Evaluation of Central Corruption in America and Panama and the Mechanisms to Combat It, DPLF, November 2007. Available at: http://www.dplf.org.
[28] But it is also necessary to work for the improvement of the judiciary in Latin America. Public policies for achieving this will be slower to have an impact.
(5) 
Closing RCTV: Forceful slap to the freedom of the press and to the democracy
(Piura).-to Defend the indefensible thing. This is what the chavistas have claimed before the measurement of the Venezuelan Government of closing the RCTV, the called dean of the Venezuelan television, with sign opened at national level for 53 years. The entire world has been pronounced, mainly, against the measurement that far from being an administrative justice act constitutes, as many have called it in a serious political error, an offense on the freedom of the press and an undemocratic act, even more when instead of the sign of RCTV there is erected today the sign of a public televisora.
It was Sunday, the 27th when there was silenced the voice and image of one of few bastions of freedom that exists in Venezuela. Since then the most important international, defending organisms of the freedom and human rights have expressed his rejection before this measurement, like the Inter-American Commission of Human rights; the senates of Latin-American countries, the European Union; the organization Reporter without Borders; the Parliament of the European Union, the Inter-American Association of Press; the organization Human Rights Watch and hundreds of mass media.
Doctor Rosa Zeta, teacher of the University of Piura, specialist in Communication history, Analysis of means and informative self-regulation thinks about the topic.
How does it qualify the measurement of closing of the RCTV in Caracas?
It is an undemocratic attitude, an offense on the freedom of expression. It is not possible to deny the renewal of one license to a televisora, only because it is against of the shift president. The government must guarantee the freedom of expression, without any censoring, because this way it is foreseen in the Constitution of 1999, signed by the Constituent National Assembly summoned by the president Hugo Ch?ez and that modified substantially the Political Constitution of Venezuela of 1961.
Until point affects this one measured the beginning of the freedom of the press in Venezuela and, in general, in Latin America?
The increasing intolerance of the president Hugo Ch?ez opposite to dissident opinions produces an inappropriate climate for the development of the freedom of expression insi de a plural democratic system and respect to the public freedoms. It is a bad art that thinks about how to avoid the inspection of the mass media and to benefit illegitimately from his use.
Although this situation affects straight Venezuela, we are conscious of that the "good" relations of the Venezuelan president with those of Latin-American countries like Bolivia and Ecuador, can become dangerous if these begin implanting the same strategies of governmental communication. Also it affects, essentially, the public who will receive partial information, only the one that the government wants to give, according to his targets.
Do you believe that the closing owes only one senile contract to itself, as it uses Ch?ez?
I believe that not. It is true that he has conquered the period of his license, but what it was touching it was his renewal and it has not happened, simply because it does not have a complaisant position with the diet chavista; the interests are of political type
The Government has right to have governmental means and express there his ideas to resist to the opposition; this is possible, it is licit and the President already does it. If these rights are demanded for his government, it cannot alienate other members of the Venezuelan society.
What instances stay now to defend the information right (objective, plural …) that has the user Venezuelan?
The Venezuelan society can invoke the finished, impartial defense of the informative plurality, and of the right to information, which needs to be a civil informed good. Moreover, it is interesting to the governments (well deliberate) to be provided with independent means that they should inform about the reality, but if there is no freedom nobody will inform about the uneases that they exist in the society, this way it will not be able to solve opportunely and efficiently the problems that can hinder his growth.
What would be the measurements to take before cases like that of RCTV?
We do not believe that these tensions finish in a nearby future; but yes we believe that it is necessary to defend the freedom of expression to realize a professional quality work, to end with the myth of the information like power for the one who controls it and to affirm with Soria that the information more than a power, it is a right and a duty.
It is necessary to conquer this freedom every day. Being independent from the government, from the civil servants, from the political parties, from the holdings, the means will be able to be constituted in an institutional system of control, ethical and reliable, because he enjoys credibility; that is to say, of freedom with social responsibility.
Before what national or international organisms is it possible to come?
The offenses must be denounced to the freedom of expression and to the right to information of the public, before the UNO, OEA, Inter-American Society of Press (SIP), Reporters without borders (RSF) and others.
Also, although we must respect the beginning of not interventionism in the nations, it is possible to do of public knowledge unjust situations that happen to the interior of the countries. Also, it is necessary to exhort the State to fulfill his function in the informative ambience: of guaranteeing and respecting the public freedom of information, the access to information, taking up office that the leaders are subject to the social control and that the means fulfill this role as mediators between the State and the citizenship. It has to support, therefore, a relation opened with the means, without connivances or conditioning. This is not a friendship relation: the means have the obligation to control it and the Government is interested in independent means that they inform him about the reality.
Some of the documents that endorse RCTV
- From the Declaration of the rights of the Man and of the French citizen of 1789 the previous license and the censoring give themselves the first recognition of the freedom of expression … From this moment, when they happen, they will mean state interventionism and political control.
The Declaration of the Human rights of 1948 of the United Nations already places like a human, universal right … The art. 19 says: "Everything individual has right to the freedom of opinion and of expression; this right includes of not being bothered because of his opinions, of investigating and receiving information and opinions and of spreading them without borders limitation for any expression way”.
- The Chapultepec declaration, at level of America. In his beginning specific 6: "the mass media and the journalists must not be an object of discriminations or favors in reason of what they write or say”; the beginning 7 recounts that "(…) the granting of radio frequencies and TV (…) must not be applied to reward or to punish means or journalists” and to tenth “any m ass communication media or journalist must be sanctioned for spreading the truth or formulating criticism or denunciations against the public power”
- Article 58 of the Venezuelan constitution: "The communication is free and plural, and endures the duties and responsibilities that the law indicates. Every person has right to information opportune, truthful and impartial, without censoring, in accordance with the beginning of this Constitution, as well as the right of reply and rectification when they turn out to be affected straight for inaccurate or offensive informations. The children, girls and adolescents have right to receive information adapted for his integral development”.
He must know that:
Reporteros without Borders has informed: "(…) The closing has been carried out violating all the rules of the right; the emission material has been impeded to give it to him to the new public channel. The invoked motives – and between others, the support that RCTV provided, along with other mass media, the attempt of coup d'?at of April 11, 2002 – there are only pretexts: other channels of television that had identical attitude in that moment have not covered the same luck, because later they have adopted a complaisant position with regard to the diet."
------------------------------------------Gentleness of the supplement "Week" of The Time of Piura. Published on June 3, 2007
(3)
The Bolivian press dresses for a North American journalist
The president of Bolivia, Evo Morales, flame to the press his "hostile number one". And while he encourages the creation of community radioes with financial support of his Venezuelan counterpart, C?ar Chavez, the journalists feel more and more threatened. But as the journalist James Breiner says to us, a grant holder Knight del Centro Internacional for Journalists (ICFJ, for his initials in English), "there is nothing novel in the fact that a president of any country has discrepancies with the means. What stands out before a North American journalist who, in this case, has happened seven months in the country, is the rough tone of the attacks and the tacit and explicit approval of the chief of aggressions against journalists for social movements."
----------------------------------------------------------
The most important event in the recent history of Bolivia took place in January, 2006 when the first indigenous chief chosen democratically in the Americas took possession of the presidency of the republic.
Many novel aspects of Evo Morales attracted attention of the foreigners, including his opening in the ancient place of the culture Tiwanaku in traditional clothing. But in Bolivia the same, the important thing there was the promise of change of a worn-out system that the protection of special interests was characterized by an immense breach between the rich ones and the poor, a corruption culture, and not provision of reliable basic services on the subject of education, health, transport and safety, between others.
From the beginning, the President proclaimed his discrepancies with the mass media. In his possession speech he declared that “some journalists or journalists women, permanently satanizaron the social struggle; permanently they were condemning us with lies.
We are submitted by some journalists and mass media to a terrorism medi?ico, as if we were animal, as if we were wild.” This criticism has recured since then with his declarations in which he affirms that the press is his hostile number one, coming inclusive up to the end of the threat, supposedly joking, that would go to nationalize the newspaper The Reason, which proprietors are Spanish, like punishment for publishing what he considered to be lies.
There is nothing novel in the fact that a president of any country has discrepancies with the means. What stands out before a North American journalist who, in this case, has happened seven months in the country, is the rough tone of the attacks and the tacit and explicit approval of the chief of aggressions against journalists for social movements.
In six months from the December, 2006, 19 journalists were attacked physically while they were doing his work, and there were other threats incidents, in accordance with information of several means. Seemingly, there are no sanctions for a person who beats, stones or hurts a Bolivian journalist.
The directors have worriesThis form of intimidation, which it includes up to the siege to the head office of a way (the issuing television Unitel in Cochabamba in January), believe an ambience of fear that worries the managers and the directors of the mass media. In a chance survey of some executive high places medi?icos asked on the level of freedom of the press in Bolivia in a scale from 1 to 10, with 10 being a finished freedom, qualified it between 5 and 8. Pedro Rivero, the director of the newspaper Duty and ex-president of the National Association of the Press, considers the freedom to be 5, “the means and the Government entered the very tense relation.”
There is no censoring, but there is conflict between the Government and the means. This conflict has reached a grade without precedents in 25 years from the democratic revolution in Bolivia, says Rivero. “The people in declarations have received the message that the persons of the means are his enemies, and it is necessary to boo them, to block them, to stop them,” Rivero said. “He is the President who is indicating it, and it is very dangerous.”
In March, a group of some 200 peasants surrounded the car of three journalists of The Reason, to which days earlier the President Morales had criticized like lying for two released notes. The rabble insulted them, stoned and threatened to burn three journalists, and they stopped them for 11 hours before allowing them to leave. This situation bothered very much to the director of The Reason, Juan Carlos Rocha. The following day, the newspaper announced his readership that “it has taken the decision not to cover those informative facts in which the integrity of his journalists covers danger and where the journalistic exercise is not guaranteed.”
In an interview two months after the decision, Rocha said that it was a very delicate, very polemic “resignation” inside the newspaper because the commitment of the journalists is to cover the facts without importing the danger. For him, the theory is a thing, “but the reality is harder.” The Reason has not needed to avoid any informative fact under the new politics yet. Jos?Pomacusi, National Chief of Press for Unitel, the television network that he leads in the rating, puts the freedom of the press in 6 to 7 for the absence of full access to the governmental sources and for the aggressions to journalists.
In spite of the attacks of the government to his way like tool of managerial interests, Pomacusi says, “He trusted in the intelligence of the public. I do not worry of that the government does not like Unitel. The people give us a vote of confidence.” He does not foresee a situation similar to that of Venezuela, where the President Hugo Ch?ez, the narrow ally of the president Morales, cancelled the license of a channel of television that he qualifies like an opponent. “Evo has very much I support in the European countries, and it might not remove a way without cheering up the rancor of his European friends,” Pomacusi said. “Europe is not going to support it.”
But at the same time the president of the republic is arming his own network medi?ica by means of funds provided by the government of Ch?ez. Almost every month the Government announces another new radial broadcasting station that is part of the New Native Network, described by the government as a community way to inform and to educate the people who earlier did not have access to means. But there is worry that this network is going to turn into a propaganda tool of the Government.
Another sign of the intentions of the Government is the new Channel logotype 7, the state television network, which suggests the colors and design of the whipala, symbol of the indigenous culture.
From the political point of view, the press always has a lot of power in his aptitude to influence the public; that is to say to the voters. At the same time, in financial terms, the Bolivian mass media seem very weak and very vulnerable to pressure of political and managerial interests. Executives medi?icos complain about the quantity of means that are competing nearly money. The most important source of income for the means is the publicity. Nevertheless, the advertizing cake, which is the total spent by publicity by private enterprises, is the smallest. In accordance with a Teams study I Died, 194 companies that more spend for publicity in Bolivia paid approximately $ 70 millions for the service in 2006. This number itself is inflated because it includes some swap instead of tangible cash.
For comparison, the principal newspaper in my city in the United States, The Baltimore Sun, has income of four times more than the whole of publicity in Bolivia. And it is a newspaper that is not between the biggest.
In Bolivia, this total of $ 70 millions splits between 20 daily newspapers; 55 magazines weekly papers and publications; six networks of national television (160 television stations); and 940 radioes, in accordance with numbers provided by the Observatory of the Means.
Very few are the means that gain money, say executives medi?icos. It is said that many means proprietors use them to protect or to advance his other managerial or political interests. Between the big newspapers, it is said that only
Duty and The Reason are profitable, and Unitel between the television broadcasting stations. Supposedly the rest scarcely they achieve the balance or lose money. Nevertheless, available exact numbers are not. This situation means that many means have weaknesses in terms of the number of employed journalists, of the level of preparation of these journalists (for the low wages and long labor day, many young journalists leave the profession for more profitable careers), and of the available technology in the writing rooms. What causes another worry is the small number of advertisers for every way. When an advertiser represents an important percentage of all the income of a way, the proprietor is going to pay attention to the opinions about that client. This situation is more worrying when it is taken into consideration that the government itself is an important advertiser in many means. The government says that it spent $ 700.000 for publicity in the first eight months of his management in 2006, and there are estimations that the number is much higher. Up to Unitel, the television network satanizada for the President and his party, the Movement to the Socialism, receives announcements of the government, although Pomacusi says that that does not constitute a significant total for the broadcasting station. There are no concrete cases if other means could get any pressure across the publicity retirement for a government that feels bothered by the coverage.
In spite of everything, good journalismThe surprising thing there is the quantity of good journalism that it is possible to see in spite of these obstacles. Really, to the eyes of this foreigner, the Bolivian press, especially the printed press, seems capable and enterprising. It is possible to see that the press has kept on giving wide coverage of many topics of interest for the public. Impressive has been the coverage of facts of corruption in the Migration and in the sale of guarantees for work places in the Government; of the undue reduction of soldiers' wages for the authorities of the Armed forces; of the errors and inconsistencies in the petroleum contracts; and of the disaster of the floods caused by The Child, between many other topics. Impressive also are the strong opinions expressed on the publishing pages that keep on demanding standard high places of execution of the government and his officials, and they keep on demanding standard high places of the ethics and the conduct. Roberto M?dez, publisher of the politics for the newspaper New Day in Santa Cruz, is a good example. It was in the way of the conflict in Cochabamba in January between the social movements and the police that was trying to protect the offices of the prefecture.
To avoid the stones thrown by the rabble, M?dez should have looked for refuge behind a prop and finally escape to a surer place. Two persons died and other tens were hurt during the conflict, but M?dez does not complain about the danger. “It is my work,” he says. “This is what I chose. The readership is not interested by that,” referring to the risks.
For his experience of 21 years like journalist, he has learned to look after. It can describe, for example, like avoiding the effects of the tear gas (it is necessary to put one in the soil because the gas rises). A journalist must protect the body, says, “because there is a family, a writing and a public who depends on him.” Sometimes, to look after means to support certain distance of the facts, but for M?dez, what more bothers him of the current relations between the press and the Government is the absence of access to the sources and the information. Nevertheless, this obstacle does not prevent from obtaining his first fruits quota. M?dez is one of many Bolivian journalists who serve well to the public in this key moment in the history of Bolivia. Now the people wish the systems and the worn-out institutions to change, although there is no agreement on how they must change, and the roll of the press in explaining the facts and the alternatives is more and more important. It seems that, in spite of many challenges and difficulties that the Bolivian press faces, it still has the capacity and the will to inform well his public.
-------------------------------------------------
James Breiner has been a president and publisher of the weekly paper Baltimore Business Journal from 1995. Previously he was a publisher of Business First of Columbus (OH)) for seven years, where it gained awards along with his team for his reportages investigativos and his coverage of business topics.
For major information visit (in English) http://www.knight-international.org/27breiner.htm
(2)
