Freedom of Expression

Press Release R38-09

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Freedom of expression is a cornerstone upon which the very existence of a democratic society rests.

Advisory Opinion, OC-5/85, IACtHR

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PRESS RELEASE

Nº R38/09

 

OFFICE OF THE SPECIAL RAPPORTEUR FOR FREEDOM OF EXPRESSION

EXPRESSES ITS SATISFACTION WITH THE RECENT LEGISLATIVE REFORMS IN URUGUAY AND IN QUÉBEC, CANADA, AND WITH THE DECISIONS BY THE HIGHEST COURTS OF BRAZIL AND MEXICO CONCERNING FREEDOM OF EXPRESSION

  

 

Washington, D.C., June 22, 2009 – The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights expresses its satisfaction with the recent decisions on the issue of freedom of expression adopted by the legislative assemblies of Uruguay and Québec, Canada, and by the highest courts of justice in Brazil and Mexico. The Office of the Special Rapporteur extends its congratulations for the issuance of these exemplary decisions and undertakes to circulate them widely within the framework of its mandate to promote freedom of expression in the Americas.

 

The Office of the Special Rapporteur is very pleased with the significant amendments to the Criminal Code and the Press Law enacted by the Uruguayan Legislature on June 10, 2009. These amendments eliminate penalties for the dissemination of opinions or information regarding public officials or matters of public interest, except when the person allegedly affected is able to demonstrate the existence of actual malice. Although the reform does not repeal all forms of desacato, it reduces substantially the scope of application of this offense, and states expressly that no one shall be punished for disagreeing with or questioning the authorities. It also eliminates penalties for offending or insulting patriotic symbols or for attacking the honor of foreign authorities. The new laws state that they constitute governing principles for the interpretation, application and integration of civil, procedural and criminal provisions on freedom of expression and the international treaties on the issue, and they recognize expressly the relevance of the decisions and recommendations of the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights in interpreting and applying those provisions. In this manner, the Legislature incorporated the international standards into its domestic legal system and made clear that the interpretation and application of the provisions in effect must be guided by the highest standards on the issue of freedom of expression.

 

This reform is in addition to other important decisions adopted in States like Mexico and Panama to repeal so-called press crimes, with the fundamental aim of increasing protection for those who may be at greater risk because of their investigation and dissemination of information or critical opinions on public officials or matters of public interest.

 

The Office of the Special Rapporteur notes especially the decision of the National Assembly of Québec, in Canada, which amended the Code of Civil Procedure to prevent the abusive use of lawsuits filed to inhibit freedom of expression. The law, which entered into force on June 4, 2009, enables the courts in Québec to shelve lawsuits meant to intimidate and silence individuals including those who publicly criticize the projects and practices of corporations or institutions. The amendment establishes that when lawsuits are used irrationally, to silence critical expressions and prevent public debate, those persons who have abused the court system must reimburse the expenses, pay the court costs and the damages sustained by the defendant. Finally, the amendment specifies that, if the abusive action is initiated by a corporation or legal entity, the director or the managers and officers behind it can be ordered to pay the damages personally. The Office of the Special Rapporteur views this legislative advance positively and considers that it contributes decisively to the protection of freedom of expression and the strengthening of public debate under more fair and democratic conditions.

 

The Office of the Special Rapporteur also expresses its deep satisfaction with the recent decisions handed down by the Federal Supreme Court of Brazil. First, it extends its congratulations for the judgment of April 30, 2009, which eliminates the 1967 Press Law (Lei nº 5250/67). This law had imposed severe penalties for criminal defamation offenses, and enabled prior censorship, among other measures restricting the exercise of freedom of expression. The Court’s judgment held that the Press Law was incompatible with the Federal Constitution. In addition, on June 17, 2009, the Federal Supreme Court of Brazil ruled that it was unconstitutional to require a diploma in journalism and registration with the Ministry of Labor as a condition for practicing the profession of journalism. Based expressly on the current inter-American standards, the Court held that this provision was contrary to Article 13 of the American Convention on Human Rights. The abovementioned decisions are an exemplary advance in the field of freedom of expression and highlight the importance of bringing national laws into line with the international standards on the issue.

 

Finally, the Office of the Special Rapporteur is very pleased with the June 17, 2009 decision of the Supreme Court of Mexico, which ordered the non-enforcement of criminal provisions restricting freedom of expression because of their incompatibility with the Constitution and with international standards. In that decision the Supreme Court revoked a judgment that, based on the right to privacy, imposed a prison sentence against the director of a newspaper who had published an article about the conduct of a public official. The Supreme Court judgment, citing expressly the highest inter-American standards, underscored the need to prevent criminal laws from being used as a mechanism to silence democratic debate on matters of public interest or on public officials. It also held that the Press Law of the State of Guanajuato, due to its extreme vagueness and lack of specificity, was incompatible with the Constitution and with the standards of the inter-American system with regard to freedom of expression.

 

The Office of the Special Rapporteur expresses its satisfaction with the abovementioned decisions and considers them a momentous advance in the protection and strengthening of freedom of expression in the region. It also urges the authorities to take the measures necessary to enforce them. The Office of the Special Rapporteur undertakes to disseminate, within the framework of its mandate, the previously cited legislative and judicial decisions not only because of their importance to the process of incorporating international standards into domestic law but also because they honor, in exemplary fashion, the State’s obligation to ensure the right of all persons to think and express themselves freely.

 

For additional information about the Office of the Special Rapporteur or the advances cited herein: http://www.cidh.org/relatoria

Press Contact: Leticia Linn /  Tel. (202) 458-3796/  E-mail: [email protected]