Freedom of Expression
Press Release 139/06
OFFICE OF THE SPECIAL RAPPORTEUR FOR FREEDOM OF EXPRESSION CALLS FOR RELEASE OF JOURNALISTS DETAINED AND FOR END TO JUDICIAL HARASSMENT
Panama City, May 3, 2006. On the occasion of the celebration of World Press Freedom Day, May 3rd, the Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) calls on Cuba to release the 22 journalists it is holding prisoner, and also calls for an end to judicial harassment of journalists in several countries of the region.
According to information compiled by the Office of the Special Rapporteur, at this time 22 journalists are being held prisoner in Cuba. In addition, in 2005 and the first four months of 2006 proceedings were initiated against at least 50 journalists in 15 countries of the region, for defamation, libel, or slander; for “contempt” (desacato) of public officials (under laws that grant special protection to the honor and reputation of public officials); and for not revealing sources. In addition, in some countries journalists are subject to administrative or judicial proceedings for tax matters, injunctive judicial measures (such as embargos on goods or prohibitions on leaving the country), and disproportionate civil penalties.
As regards criminal proceedings against journalists, whether for defamation, libel, or slander, or for desacato, the Office of the Special Rapporteur notes that protection of the honor and reputation of public officials should be guaranteed through the enforcement of civil penalties and the right of rectification. Ignacio J. Álvarez, Special Rapporteur for Freedom of Expression, indicated that in such cases “a sanction involving the deprivation of liberty is disproportionate insofar as in a democratic society public officials and persons who voluntarily interject themselves in matters of public interest are exposed to a greater level of criticism that makes possible a broader public debate with respect to their performance.”
According to Principle 10 of the Declaration of Principles on Freedom of Expression: “Privacy laws should not inhibit or restrict investigation and dissemination of information of public interest. The protection of a person’s reputation should only be guaranteed through civil sanctions in those cases in which the person offended is a public official, a public person or a private person who has voluntarily become involved in matters of public interest. In addition, in these cases, it must be proven that in disseminating the news, the social communicator had the specific intent to inflict harm, was fully aware that false news was disseminated, or acted with gross negligence in efforts to determine the truth or falsity of such news.” At the same time, Principle 11 notes: “Public officials are subject to greater scrutiny by society. Laws that penalize offensive expressions directed at public officials, generally known as ‘desacato laws’, restrict freedom of expression and the right to information”.
The Office of the Special Rapporteur observes that although in most criminal proceedings against journalists they may not, in practice, end up being deprived of liberty, the common purpose of such proceedings is to intimidate them, both by the mere existence of the proceeding and the threat of imprisonment. In addition, such criminal proceedings are often intended to intimidate other journalists, in an effort to have them engage in self-censorship.
Mindful of the situation in the region, the Office of the Special Rapporteur for Freedom of Expression recommends to the Member States of the OAS that: (1) desacato laws be repealed in those countries in which they remain in force; (2) criminal sanctions for slander, defamation, and libel be eliminated, at least with respect to public officials and persons who voluntarily become involved in matters of public interest; and (3) that the right to honor and reputation be protected through the right of rectification and by means of proportionate civil sanctions issued in proceedings that take into account the standards set forth in Principle 10 of the Declaration of Principles on Freedom of Expression.
The Special Rapporteur, Ignacio J. Álvarez, added that “journalists provide a service fundamental to democracy, and have the right to perform their work without having to be concerned that they may be subject to imprisonment because of it.”
The Office of the Special Rapporteur for Freedom of Expression offers its cooperation and technical assistance to the States to go forward in this area.
For more information on the Office of the Special Rapporteur: http://www.cidh.org/relatoria/