(IPYS/IFEX) – On 2 November 2005, broadcaster and lawyer Carlos Gibson was sentenced to eleven months in prison for allegedly repeatedly committing libel and slander in Ciudad Guayana, state of Bolívar, southern Venezuela. As this is the first time he has been convicted, he was put on probation and has to report to the bailiff’s […]
(IPYS/IFEX) – On 2 November 2005, broadcaster and lawyer Carlos Gibson was sentenced to eleven months in prison for allegedly repeatedly committing libel and slander in Ciudad Guayana, state of Bolívar, southern Venezuela. As this is the first time he has been convicted, he was put on probation and has to report to the bailiff’s office twice a month.
The court also decided that three consecutive notices including the entire ruling against Gibson should be published in two national newspapers. In addition, Gibson was also ordered to pay all trial expenses, and is forbidden from mentioning Orlando Aguilar, who filed the complaint against him, in the media or even in private. The broadcaster informed IPYS that he means to take the sentence to the appeals court in Bolívar, in order to evaluate if the decision is in accordance with the law.
This process was initiated after accusations against the Sidme Company, owned by Aguilar, were aired in the 23 April 2004 edition of the program “Sin Bozal” (“Without a Muzzle”), transmitted by the Maxima 99.5 radio station. David Sánchez, Efraín Rivilla and Bárbara María Pérez, were invited to the radio station where they put forward their opinions about the entrepreneur and his company. Gibson, who also works as a lawyer, is representing Sánchez, Rivilla and Pérez in a number of criminal cases.
The suit for libel was presented at the regional courts on 17 May 2004, and ruled admissible seven days later.
The American Convention on Human Rights’ principles regarding freedom of expression establishes that libel or slander merit civil, not criminal, sanctions. Moreover, the exercise of freedom of expression must not be subject to prior limitations.
