Criminal Defamation Laws Hit Press Freedom

The growing use of criminal defamation laws around the world add to the general decline in press freedom.

The Committee to Protect Journalists has a great program called Critics are not Criminals. This is a worthy effort that deserves the support of not only all journalists but all civil libertarians.

The latest case is in Honduras. A reporter looked into an alleged corrupt local police chief. Television reporter Ariel Armando D’Vicente now faces three years in prison with an additional three-year ban on working as a journalist.

Unfortunately for too many journalists, they get hammered by the use of criminal defamation laws. A recent study by CPJ and Thomson Reuters Foundation showed the use of these laws has grown in the Americas.

When governments and individuals use the defamation/libel laws to exact criminal penalties, freedom of the press is hurt.

A basic rule in the United States is that truth is an absolute defense against libel or defamation. Yet in much of the rest of the world, even if everything said in an article is true, if the subject of the article can prove anyone thinks less of that person, he/she can sue AND get the reporter tossed in jail. (See: Different libel laws cause grief around the world.)

For reporters working around the world, knowledge of these laws is vital, especially freelancers. While reporters for major news organizations may be able to get legal help from the parent organization, a freelance caught up in these bad laws could be left hanging.

And, it is important to remember, this law does not only apply to journalists. A person having a bad experience in a country and saying so on Yelp or Facebook could lead to charges being filed. And satire is definitely a problem. Just ask the producers and writers of The Simpsons:

The government of Brazil sued the producers of the The Simpsons often. In a 2002 episode the Simpsons were in Brazil.  The family was robbed, eaten by snake, kidnapped and abused by monkeys. The Brazilian government sued. And the response of the Simpson team: More jokes about Brazil. And more lawsuits. None were successful — at least in the USA.

For some fun:

 

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Filed under Harassment, Human Rights, International News Coverage, Press Freedom

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