Freedom of Expression

Uruguay

            Positive judicial actions in defamation cases

 

            290.     On February 4, 2003, Mario Areán, private secretary to the mayor of Montevideo, Mariano Arana, filed a lawsuit for defamation and injurias against journalist Sergio Israel of the weekly Brecha.  The suit was in response to several articles in which Areán was implicated in various corruption cases.  On April 22, Sergio Torres, the Judge for Criminal Matters, Third Rotation, acquitted the journalist.[1]  The judgment was appealed and affirmed on June 13.  Shortly thereafter, an ethics tribunal of Areán’s political party, Frente Amplio, issued a document confirming several of the reports published by Israel.  Areán resigned.[2]

 

            291.     On May 15, 2003, a Court of Appeals revoked a judgment by a court of first instance that had convicted and sentenced radio journalist Oscar Ubiría to a seven-month suspended term for the crimes of defamation and injurias.  The action was in response to criticisms voiced by Ubiría in November 2002, on his program Para empezar a creer, on CW 158 Radio San Salvador of Dolores (Soriano), related to a fashion show being held to raise money for a charitable organization.  The organizers of the show sued Ubiría and he was found guilty by a criminal judge.  In a judgment overturning the lower court’s decision, the Court of Appeals ruled that persons engaged in private activity are subject to criticism when their activities are of public interest, and, in those cases, freedom of expression can prevail over the right to honor.[3]



[1] La República (Uruguay), April 23, 2003, www.larepublica.com.uy.

[2] Inter-American Press Association (IAPA), October 2003, www.sipiapa.com. La República (Uruguay), February 4, 2003 http://www.diariolarepublica.com; Radio El Espectador (Uruguay), April 8, 2003, www.espectador.com. Journalists against Corruption (Periodistas Frente a la Corrupción, PFC), April 11, 2003, www.portal-pfc.org.

[3] Journalists against Corruption (Periodistas Frente a la Corrupción, PFC), February 26, 2003, www.portal-pfc.org. Inter-American Press Association (IAPA), March 10, 2003, www.sipiapa.com.