Freedom of Expression
Panama
PRINCIPLE 4 OF THE DECLARATION OF PRINCIPLES ON FREEDOM OF EXPRESSION (Access to information held by the state)
25. On January 4, 2004, the President of the Supreme Court of Panama, César Pereira Burgos, announced restrictions on journalists who cover the Supreme Court, based on the argument that abuses were being committed in the handling of information. Among the measures, only one journalist per media outlet will be accredited to cover the Judicial branch.[1] The provisions were rejected by several journalists’ organizations in Panama,[2] as of this writing the Office of the Special Rapporteur has not received any information on changes.
PRINCIPLES 10 AND 11 OF THE DECLARATION OF PRINCIPLES ON FREEDOM OF EXPRESSION (Use of defamation laws by public officials and desacato laws)
26. On March 24, 2004, the founder of the daily La Prensa, Roberto Eisenmann Jr., was compelled to appear before the Attorney General (Fiscal General) to answer in a libel and slander action brought against him by the Procurador General, José Antonio Sosa.[3] Eisenmann was compelled to testify since he had failed to heed three previous subpoenas, for which he was found in contempt. An order preventing Eisenmann from leaving the country has been in force since January 15, 2004.[4]
PROGRESS
27. On November 15, 2004, Legislative Act No. 1 of July 27, 2004, was promulgated; accordingly, the Constitution of Panama was amended, and the constitutional basis for laws on desacato was removed. That reform occurred after a request from the Human Rights Ombudsperson of Panama. The change also introduced in the Constitution the right of access to public information, and the habeas data action.[5]
28. In the area of access to public information, in 2004, Decree 124 of May 21, 2002, was repealed. In 2003, the Office of the Special Rapporteur had expressed concern because that law was at odds with some of the principles established in Panama’s law on access to public information.
[1] Inter-American Press Association, at International Freedom of Expression Exchange (IFEX),
"Preocupación de la SIP por restricciones a la información judicial," www.ifex.org, January 13, 2004.
[2] El Siglo, "Periodistas cuestionan a Pereira Burgos," www.elsiglo.com, January 8, 2004.
[3]Reporters without Borders, "Reporteros sin Fronteras denuncia el acoso judicial contra la prensa," www.rsf.fr, March 25, 2004.
[4] Committee to Protect Journalists, March 24, 2004, at www.cpj.org.
[5] Communication from the Special Delegate for Freedom of Expression and Access to Information of the Office of the Human Rights Ombudsman of the Republic of Panama, Guido Rodríguez, December 14, 2004.