(IPYS/IFEX) – The National Elections Jury (Jurado Nacional de Elecciones, JNE) has annulled the fine of 102,000 nuevos soles (approx. US$31,140) that the Special Elections Jury (Jurado Electoral Especial, JNE) of San Martín previously levied against the regional daily newspaper “Aldía”. The newspaper was fined for publishing an electoral survey without having been registered in […]
(IPYS/IFEX) – The National Elections Jury (Jurado Nacional de Elecciones, JNE) has annulled the fine of 102,000 nuevos soles (approx. US$31,140) that the Special Elections Jury (Jurado Electoral Especial, JNE) of San Martín previously levied against the regional daily newspaper “Aldía”. The newspaper was fined for publishing an electoral survey without having been registered in the JNE’s electoral pollsters’ registry.
With this ruling, the JNE has set a precedent favourable to safeguarding freedom of expression and freedom of the press, by keeping administrative penalties imposed by electoral authorities within reasonable bounds.
The ruling suggests that in future, when a media outlet unwittingly, and motivated by the desire to inform the public, breaks a rule by publishing an electoral survey without being properly registered as a pollster with the JNE, it will first be warned of its formal error before being penalized.
In a 21 April 2006 press release, IPYS criticised the fine against “Aldía” as abusive and disproportionate, because it threatened to drive the newspaper into bankruptcy and thus extinction. The IPYS stated clearly that the fine constituted an indirect attack on freedom of expression, which is prohibited by the American Convention on Human Rights.
