(SPP/IFEX) – The following is a 29 September 2003 SPP press release: Judge retracts resolution enforcing prior censorship on comedy programme A resolution enforcing prior censorship on the “Telecomio” comedy programme has been lifted by Judge Marcos Khon, six days after it was imposed. The judge ruled that freedom of expression is in the public […]
(SPP/IFEX) – The following is a 29 September 2003 SPP press release:
Judge retracts resolution enforcing prior censorship on comedy programme
A resolution enforcing prior censorship on the “Telecomio” comedy programme has been lifted by Judge Marcos Khon, six days after it was imposed. The judge ruled that freedom of expression is in the public interest and takes precedence over the right to privacy.
As a precautionary measure, on 10 September 2003, Judge Kohn passed a resolution enforcing prior censorship on the comedy programme broadcast on the Canal 4-Telefuturo television station. The programme was prohibited from airing any sketch that alluded to individuals involved in the ongoing trial over the kidnapping of María Edith Bordón de Debernardi. Her husband, Antonio Debernardi, had requested the precautionary measure.
On 16 September, Judge Kohn decided to lift the prior censorship precautionary measure imposed on “Telecomio”. In his decision, he referred to the Constitution and international treaties and conventions. The judge noted that public access to the kidnapping trial had not been restricted by the courts as the proceedings are being broadcast on cable TV and the Internet.
The judge added that satirising individuals on the “Telecomio” programme is permissible under freedom of expression principles, “except in those instances when this freedom is abused.”
According to Kohn, Antonio Debernardi’s request “concerned the needs of an individual, whereas freedom of expression via the broadcast of a television programme is in the public interest.”
The 10 September measure generated opposing views among media associations and was criticised by a number of journalists and lawyers. Even though the measure was subsequently lifted, there is concern that the courts could use such methods from now on to prevent the broadcast of certain programmes without even being familiar with their content.
Canal 4-Telefuturo had appealed Judge Kohn’s resolution before the Fourth Chamber of the Criminal Appeals Court.
Asunción, 29 September 2003
