Freedom of Expression
El Salvador
PRINCIPLE 9 OF THE DECLARATION OF PRINCIPLES ON FREEDOM OF EXPRESSION (Murder, kidnapping, intimidation of and/or threats to social communicators, as well as the material destruction of communications media)
25. The Office of the Special Rapporteur was informed that on April 28, 2004, several journalists covering the taking of the Metropolitan Cathedral in downtown San Salvador by trade unions had been physically assaulted. In addition, a car belonging to the team from Noticiero Teledos was destroyed, and the vehicle of TCS Noticias was damaged. Both are owned by Telecorporación Salvadoreña. Photographic equipment belonging to journalists with print media was also stolen and destroyed.[1]
PROGRESS
26. On October 28, 2004, a reform was adopted to add Article 187-A[2] to the Code of Criminal Procedure of El Salvador, which protects the right of journalists to keep their sources confidential when they are called to testify in judicial proceedings. This reform was reportedly adopted after several cases in which pressure was brought to bear by judges on journalists to reveal their sources of information.
27. On the same date, an amendment was adopted to Article 191 of the Criminal Code decriminalizing the dissemination of unfavorable opinions by the press. The Rapporteur had informed the President of the Republic, Antonio Saca, during a meeting in July 2004, of his concern regarding the existence of laws on defamation and desacato in El Salvador’s criminal legislation.
[1] Asociación de Periodistas de El Salvador (APES), April 28, 2004, press release.
[2] Article 187-A. “Professional journalists and those persons who, though having another profession, practice journalism, shall have the right to refrain from testifying about the facts that have come to their attention by the exercise of their profession or trade, under penalty of nullity.
Similarly, professional journalists and those persons who, though having another profession, practice journalism, will have the right to refrain from revealing to any police authority, public official, or judicial official the source of the information that appears in the news, opinions, reportage, editorials they may publish in the legitimate exercise of their right to inform.”