(FLIP/IFEX) – The following is a 1 August 2003 FLIP press release: Expression of opinion becomes a crime in Colombia? The Prosecutor’s Office has initiated proceedings against Roberto Posada (D’artagnan), a columnist for El Tiempo newspaper, for comments published in his column in connection with businessman Pedro Juan Moreno Villa. The case has reopened the […]
(FLIP/IFEX) – The following is a 1 August 2003 FLIP press release:
Expression of opinion becomes a crime in Colombia?
The Prosecutor’s Office has initiated proceedings against Roberto Posada (D’artagnan), a columnist for El Tiempo newspaper, for comments published in his column in connection with businessman Pedro Juan Moreno Villa. The case has reopened the debate on limits on freedom of expression and could set a precedent for criminalisation of the expression of opinion in Colombia
Moreno launched legal action against Posada for comments published in his column in 2002. In his 3 March column, the journalist said he did not agree with the fact that Moreno was contemplating running for the vice-presidency because of the businessman’s known connections to paramilitary groups. Subsequently, on 7 March, Posada published a letter he received from Moreno and responded to the letter by saying the businessman was “dangerous” and “a menace”. Posada was accused of libel for claiming that Moreno had been involved in paramilitary activities. The journalist was also accused of insulting Moreno by referring to him in a derogatory fashion.
On 22 June 2002, Posada published a correction of his comments regarding Moreno’s relationship to paramilitary activities. This should have been reason enough for the 58th Prosecutor’s Office to close the case as Posada made an effort to set the record straight and repair the damage he may have caused to Moreno’s reputation. Even though he was not obliged to do so, Posada also apologised for “any comments I made or opinions I expressed that may have harmed Mr. Moreno Villa.” Nevertheless, the Prosecutor’s Office decided to prosecute Posada for having libelled and insulted Moreno.
There is a clear difference between fact and opinion. The fact that a journalist is being prosecuted for expressing his views does not bode well for freedom of expression. Posada expressed his thoughts about Morena in an opinion column, which appeared on the editorial page. He clearly informed his readers that he was not referring to facts, rather he was expressing his ideas. Opinions are not, in and of themselves, damaging, nor is their expression a crime under the law. In democratic societies, the expression of personal thoughts or ideas cannot be considered a crime, no matter how much they affect a particular individual’s feelings.
Constant harassment aimed at silencing journalists who express their opinions has a detrimental effect on freedom of expression and press freedom. This harassment should be taken as seriously as physical attacks on Colombian journalists.
