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58th IAPA General Assembly
JW Marriott Hotel & Stellaris Casino Lima
October 26-29, Peru
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| Country-by-Country
Reports |
PANAMA
The three democratic governments that succeeded
the dictatorship promised to repeal laws that limit press freedom and other
controls over the media, but very little has been done so far. The various committees
named by these governments to study the situation stopped operating without
reaching a consensus on specific changes. Problems such as government certification
of suitability to practice journalism, the criminalization of libel, the obligation
to reveal news sources, among others, prevented agreement.
After much effort and continuous pressure from organizations such as the Panama
chapter of Transparency International, professional groups, human rights organizations
and the media, several parties in the Legislative Assembly reached an agreement
and passed Law 6 of 2002 about free access to public information. It was later
approved by the president and published in the Official Gazette. Five months
later, the administration issued a decree that, under the pretext of making
rules for the law, essentially killed it by attaching absurd requirements. The
decree has been appealed to the Supreme Court on the grounds that it is unconstitutional
and administratively unenforceable because rules cannot contradict a law or
overrule it.
Two months ago, the government began a campaign against the media with frequent
criticism by high officials of “abuse of press freedom,” the establishment
of a new commission to analyze existing laws without the participation of media
representatives and a bill that would establish a system of prior censorship
for radio, television and print publications. In the face of protests, the government
moderated its positions, and the president has promised to veto any law that
threatens press freedom.
Harassment of journalists and the media continues with lawsuits alleging crimes
against the good name, that require interminable biased investigations that
ignore the guarantees of due process and demand testimony and other proceedings
that take an enormous about of time without any results and whose only purpose
is to pester journalists.
In conclusion, Panama is a country with a great deal of legislation restricting
press freedom. In addition to specific laws on the subject, almost all the legal
codes have dangerous provisions scattered throughout them that even allow the
closure of media outlets by a governor, mayor or councilman, in direct violation
of the American Convention on Human Rights, and other international treaties
and statements.
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