62nd
General Assembly
Mexico City, Mexico
September 29 to October 3, 2006
Camino Real Hotel
Reports and Resolutions
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URUGUAY
I
Resolution of the 62nd General Assembly
Mexico City, Mexico
September 29 – October 3, 2006
WHEREAS
on August 30 the Uruguayan Supreme Court handed down a suspended five-month
prison sentence against journalist Carlos Dogliani, two years after he reported
and commented on alleged acts of corruption in the government of Paysandú
department (350 kilometers northwest of Montevideo)
WHEREAS
the reasoning of the Supreme Court represents a severe blow to journalism in
Uruguay, as it relied on the theory that the good name of public officials is
the “limit” that should be set on freedom of the press
WHEREAS
the Supreme Court stated in its ruling that it is “irrelevant” to
the courts whether journalists are reporting or expressing an opinion on events
that actually happened, because the only issue at hand is whether someone’s
reputation has been damaged
WHEREAS
in its ruling, the Supreme Court invoked the theory that a journalist has committed
a crime “even if the aggrieved party has been convicted for the action
in question”
WHEREAS
after the ruling was handed down, it was described by the Uruguayan journalists’
union APU as “alarming” and “dangerous,” and as setting
an “extremely grave precedent that is likely to lead to self-censorship
among journalists and media professionals”
WHEREAS
renowned Uruguayan journalists such as Tomás Linn have called the ruling
“undemocratic” and “freedom-killing” because it “penalizes
free journalism and allows national and municipal officials to do whatever they
want without fear of punishment while the press is unable to perform its natural
duty as a watchdog,” and because “journalists now know better than
ever that their words can turn them into criminals and get them thrown in jail”
in Uruguay
WHEREAS
this ruling, combined with others from other courts, set an ominous precedent
for press freedom in Uruguay
WHEREAS
Principle 1 of the Declaration of Chapultepec states: “No people or society
can be free without freedom of expression and of the press. The exercise of
this freedom is not something authorities grant, it is an inalienable right
of the people”
WHEREAS
Principle 4 of the Declaration of Chapultepec states: “Freedom of expression
and of the press are severely limited by murder, terrorism, kidnapping, intimidation,
the unjust imprisonment of journalists, the destruction of facilities, violence
of any kind and impunity for perpetrators. Such acts must be investigated promptly
and punished harshly”
WHEREAS
Principle 10 of the Declaration of Chapultepec states: “No news medium
nor journalist may be punished for publishing the truth or criticizing or denouncing
the government”
THE GENERAL ASSEMBLY OF
THE IAPA RESOLVES
to vehemently condemn this
decision by the Uruguayan Supreme Court, which violates inalienable rights and
flagrantly defying longstanding legal doctrine in the inter-American system
to express deep concern
that this Supreme Court ruling may take a heavy toll in terms of self-censorship
on all Uruguayan journalists, who in the wake of this deplorable ruling now
feel they may be sent to prison for reporting and commenting on government actions
or decisions, and this inevitably degrades the democratic and republican form
of government
to report this situation
to the Inter-American Commission on Human Rights.
 questions
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