(SPP/IFEX) – The following is 12 September 2003 SPP press release: UNCONSTITUTIONALITY, PRESSURE AND PRIOR CENSORSHIP IN PARAGUAY Prior Censorship The Paraguay Union of Journalists (Sindicato de Periodistas del Paraguay, SPP) has expressed its concern to local and international human rights organisations over Judge Marcos Kohn’s resolution to enforce prior censorship on Canal 4-Teleforo television […]
(SPP/IFEX) – The following is 12 September 2003 SPP press release:
UNCONSTITUTIONALITY, PRESSURE AND PRIOR CENSORSHIP IN PARAGUAY
Prior Censorship
The Paraguay Union of Journalists (Sindicato de Periodistas del Paraguay, SPP) has expressed its concern to local and international human rights organisations over Judge Marcos Kohn’s resolution to enforce prior censorship on Canal 4-Teleforo television station’s Telecomio comedy programme.
The resolution, which sets a dangerous precedent for freedom of expression, was made in response to a precautionary measure requested by Antonio Debernardi. Debernardi had asked that references to the trial over the kidnapping of his wife, María Edith Bordón de Debernardi, which is currently in progress, be avoided.
Judge Kohn’s decision prevents the programme from airing any information that alludes to the expert testimony, witnesses, attorneys or any other individuals involved in the case.
The resolution contravenes Article 26 of the Constitution, which protects freedom of expression and freedom of the press, “without any censorship”, and establishes that press crimes do not exist, instead referring to common-law offences committed by way of the press.
It also violates Article 13 of the American Convention on Human Rights, which prohibits “prior censorship”. This does not signify that those potentially affected cannot take action before government bodies where the law allows.
The national authorities and, in particular, the judiciary should understand that the right to freedom of expression is in the public interest and that it cannot be subjected to restrictive measures, with the exception of those understood under commonly accepted free expression principles.
Pressure to Reveal Information Source
SPP also publicly denounces the intimidating attitude of Judge Héctor Capurro, who attempted to force journalist Vladimir Antonio Jara, of ABC daily newspaper, to reveal his source for information on the kidnapping of Bordón de Debernardi. In doing so, the judge alluded to the Criminal Code and ignored constitutional provisions regarding the secrecy of journalists’ sources (Article 29).
Jara had been summoned to make a statement before the court. The judge insisted twice that the journalist reveal his source. When Jara refused to give the information, emphasising his constitutional rights, Capurro, in a threatening tone, specifically requested that Jara’s answer be recorded in the minutes.
SPP expressed its concern over these types of actions against the press.
The organisation calls upon the authorities to understand that journalists come into contact with sources and information that may turn them into witnesses in court cases. It also said that the work of journalists cannot be used as a pretext to demand that they take over the responsibilities of the judicial and security bodies dedicated to investigating such cases.
Asunción, 12 September 2003
Roberto González
Assistant General Secretary
