Summary of Country-by-Country reports
Presented by Press Freedom Coordinator Ricardo Trotti
Committee on Freedom of the Press and Information
IAPA 58th General Assembly, Lima, Peru
October 27, 2002
Argentina
Growing financial pressure with the imposition of value added tax on advertising,
newsprint and single-copy sales of newspapers and magazines, amid a general
economic crisis, is putting the country’s press at serious risk. A bill
before the Senate would exempt advertising from the tax and cut the tax on
newsprint by 50 per cent.
The Chamber of Deputies continues to postpone reading of a bill to repeal
the deregulation of the sale of newspapers and magazines, something envisioned
in executive decrees.
Bolivia
During the election campaign and responding to pressure from news organizations,
the Congress passed amendments to electoral law provisions that restricted
media publication of political propaganda and breached the right to keep news
sources confidential.
The executive editor of El Diario, María Teresa Guzmán de Carrasco,
was murdered on April 10. Her husband, the newspaper’s publisher, was
accused of having ordered her killed and he is now under arrest. He claims
he is innocent and the murder was in reprisal for what the paper had been
publishing.
Brazil
Two journalists were killed in recent months. They were investigative reporter
Tim Lopes of the Globo television network and Domingos Savio Brandao de Lima,
editor of Folha do Estado in Matto Gross state. In both cases a number of
people have been arrested in connection with the murders.
A whole new industry of filing lawsuits against the news media has emerged,
as is clear from recent libel suits initiated by lawyers persuading their
so-called clients to claim exorbitant damages.
Canada
Freedom of expression has been affected by judicial orders and legislative
initiatives, particularly in the field of access to government information
during the second half of this year.
An overwhelming majority of Canadians want the federal government to protect
freedom of expression in the media and deal with the issue of concentration
of media ownership, an opinion poll issued in July shows. The poll was conducted
12 days after Ottawa Citizen Publisher Russell Mills was fired for writing
an editorial calling on Prime Minister Jean Chrétien to resign.
Caribbean
The inter-governmental Organization of Eastern Caribbean States has proposed
creatin of a Code of Ethics for journalists and the media.
In Jamaica, the government passed a law providing for access to public records,
but it so far lacks enabling legislation to put it into effect.
Chile
Both the executive and the legislature reversed decrees restricting access
by reporters and other media employees to government offices and officials
after an outcry from news organizations.
The government introduced in Congress in August a bill to amend the Penal
Code and Code of Military Justice so as to remove the offense of contempt.
Colombia
This has been one of the darkest periods for the press. Four journalists were
murdered, 11 kidnapped, 10 were forced to flee the country in fear of their
lives and 48 received threats, mainly from guerrilla and paramilitary groups.
A bill for a law to regulate the news media and license journalists was shelved,
but another one before Congress would make journalists face increased penalties
if found guilty of libel or defamation.
Costa Rica
A bill to amend the Penal Code would regulate the use of a person’s
likeness and access to computer databases, among other provisions seen as
curtailing press freedom. The Supreme Court, which introduced the bill, has
not discussed the matter with the news media.
Cuba
Journalist Bernardo Arévalo Padrón, in jail since 1997, was
moved to a maximum security prison for sending letters from his cell. In recent
months three journalists were arrested and remain in custody. They are Léxter
Tellez Castro, Carlos Brizuela Yera and Carlos Alberto Domínguez.
Independent journalists continue getting the usual official treatment –
intimidating phone calls, brief house arrest, warnings, fines, searches and
ejection from their workplaces.
Dominican Republic
The Journalists Colegio is pursuing its attempt to restore membership in it
as a legal requirement to work as a journalist, something that the Supreme
Court has held to be unconstitutional.
Ecuador
A Law on Control of Election Campaign Expenses and Propaganda went into effect.
It bans publication of opinion polls in the 15 days before elections and of
exit polls.
The Ecuadorean Newspaper Publishers Association submitted to the executive
a draft bill on access to public records which the president promised to send
to Congress.
El Salvador
Several new laws on management of state funds and social welfare set specific
limits on access by journalists to public records.
The lack of a law on access to public records enabled 10 municipalities in
San Salvador to refuse to provide information about the handling of treasury
funds following allegations of corruption.
Guatemala
Congress passed amendments to the Penal Code setting penalties for publication
of quotes obscene content unquotes, thus paving the way for legal intervention
in decisions as to what to publish.
The government escalated its attempts to discredit the independent press in
the run-up to the 2003 elections. It continues using the official television
broadcasts to attack the media and editors.
Haiti
Journalists complained of serious pressure being exerted by the government
and the ruling Lavalás Family Movement in a bid to silence criticism
and restrict access to public records. Among the weapons being used are death
threats and psychological pressure on family members.
Three journalists fled the country after receiving threats. The murderers
of three others, Jean Leopold Dominique, Gerard Denoze and Brignol Lindor,
remain at large.
Honduras
Reporters and executives of the Hondured television network charged the government
discriminates against it in the placement of official advertising in reprisal
for criticism about a personal overseas visit President Ricardo Maduro had
made.
Mexico
On April 30, the Congress passed the Federal Law on Transparency and Access
to Public Information, which was then signed by President Vicente Fox on June
3. The law sets a one-year deadline for its implementation.
A hostile climate exists for reporters and media on the Mexico-United States
border, mainly due to the violent activities of drug traffickers.
Nicaragua
The Supreme Court has yet to rule on the constitutionality of the requirement
that journalists belong to the Journalists Colegio contained in legislation
enacted in 2001. The two journalists unions in the country are in dispute
as to how to form such a colegio.
The new government cancelled the previous administration’s discrimination
in the placement of official advertising and as a result the newspaper La
Noticia, supported by former President Arnoldo Alemán, was forced to
cease publication. The La Poderosa radio station, owned by the Catholic Church
and a supporter of Alemán, was closed down by the incoming administration.
Panama
Laws restricting press freedom remain on the books and control of the news
media continues, despite promises by successive freely-elected governments
to remove them.
A law providing for free access to public records was enacted but the executive,
on the pretext of coming up with enabling legislation, in fact turned it into
a dead letter. The move has been appealed to the Supreme Court.
Paraguay
Television station operators called on the Industry Ministry to regulate broadcast
and video production and order that such material contain only “accurate,
objective and timely” information.
Allegations of corruption made in the press has frequently led to threats
or action against reporters and editors of a number of media.
Peru
Amendment of the Constitution and a new Law on Transparency and Access to
Public Information advanced protection of press freedom in Peru, although
the latter contains provisions that it is feared could be used to keep certain
documents secret.
Several journalists around the country were assaulted or threatened and legal
actions were initiated against others.
Puerto Rico
A court ordered three television stations to hand over films of public officials
being arrested following an incident at a public office, saying their airing
would violate the officials’ right to privacy and presumption of innocence.
Governor Sila Calderón signed several bills, proposed by the Senate,
outlawing graphic sexual content in television programs, which the movie and
broadcast industry called an unconstitutional move that violated free speech.
United States
War and the threat of war were in the forefront of issues related to press
freedom in the United States since IAPA’s March meeting. There have
been instances of press restrictions related anti-terrorism measures, such
as unsuccessful attempts by news media to obtain public records relating to
terrorism, particularly concerning people detained for immigration violations,
the holding of certain immigration hearings behind closed doors, and illegal
monitoring by the FBI of telephone conversations and Internet traffic.
In July, a jury found a publisher and editor in Wynadotte County, near Kansas
City, guilty of criminal libel. They could face up to one year in jail.
Uruguay
The Chamber of Deputies passed a bill on the right to information and to access
to public records which allows citizens to seek any government document and
to receive and impart such information. Senate approval is now awaited.
For years there has been one tax on newspapers published in Montevideo and
another for inland papers, and now the administration is planning to have
just one, lower tax.
Venezuela
The death of reporter Jorge Tortoza during a demonstration in April continues
to go unpunished. Since then there have been 59 attacks on journalists and
news media premises, the majority carried out by supporters of the government.
If a government bill on Public Participation is passed, a result will be the
creation of a Media Oversight Committee amounting to a “neighborhood
tribunal” empowered to impose censorship, shut down publications and
interfere in the hiring of staff by the media.