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57th General Assembly
Washington, D.C., October, 12-16,
2001
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Country-by-Country
Reports
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While the government has been long on promises to repeal legislation abridging
the freedom of speech and of the press, nothing tangible has been achieved so
far. The two commissions appointed nearly two years ago to propose two bills
on journalistic practice and grounds for criminal and civil liability have been
unable to reach even the bare minimum consensus needed to draft the bills. Quite
simply, the positions of the government officials and the majority of the media
representatives serving on the commissions were irreconcilable.
Even so, a number of bills on journalistic practice were introduced in the Legislative
Assembly that are just as restrictive, if not more so, than those already on
the books. The same was true of a bill on the right of reply. Fortunately, none
of these bills was debated the three times mandated by the constitution. Because
they did not pass during the legislature in which they were introduced, they
cannot be debated in the current legislature without being re-introduced.
Official harassment of journalists continues. Criminal charges and civil complaints
have proliferated against journalists viewed as foes by public officials, providing
a pretext for the office of the government attorney and the courts to issue
frequent summonses, conduct interrogations and investigations and take other
completely irrelevant judicial steps. One case that caused something of a stir
was that of La Cáscara News, a sporadic publication with a small circulation,
which published a ridiculous photomontage on its front page that featured the
heads of the president and a cabinet minister pasted on top of nude bodies engaging
in highly intimate contact. The authorities' reaction was immediate and excessive.
The senior managers of the publication were arrested without any semblance of
due process. Fortunately, the Supreme Court corrected the error and declared
the arrest illegal.
Transparency International in Panama has drafted a bill on free access to public
information, which apparently has garnered consensus among majority and opposition
lawmakers and may become law in the near future, thereby eliminating many of
the obstacles to information access in nearly all matters of public interest.
Finally, the case against José Otero, a journalist for the newspaper
La Prensa who was indicted for publishing the name of an investigator working
on a diploma forgery case, has been dismissed as a result of a presidential
pardon. The journalist did nothing more than publish the name he had been given
by the prosecutor in charge of the investigation.
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