In Inter-American Press Society (SIP, in Spanish) has condemned the opening of an administrative process against media group Epasa by the Electoral Tribunal, following a complaint lodged by former magistrate Winston Spadafora. In its half-yearly meeting, the ISP has determined that the action sets a negative precedent for freedom of expression.
Last January, the civil courtroom of the Supreme Court ratified the sentence applying to newspaper Panama America and to journalists Gustavo Aparicio and Jean Marcel Chéry, both condemned to pay a $25,000 fine. The court’s decision was immediately and widely criticized by the press community as setting an unfortunate precedent in relation to the duty of the press to report newsworthy material, especially as applies to the conduct of public servants.
At the heart of the ruling is an article published by Messrs. Aparicio and Chéry in the Panama America, which revealed that public funds belonging to the Social Investment Fund (FIS, in Spanish), had been employed for the construction of a road that allegedly benefited a real estate property belonging to then-minister Winston Spadafora.
Separately, in January 2016, the Electoral Tribunal fined radio station KW Continente, for broadcasting the results of a national poll. The SIP report also refers to the sentence against daily La Prensa, found guilty of causing moral damages caused to Messr.s David y Daniel Ochy in a series of articles published in 2012 over supposed irregularities in contracts with the Ministry of Public Works. The media outlet was at the time condemned to pay $600,000 in damages to the businessmen, as well as a $60,000 fine.
In another high-profile case, journalist Alvaro Alvarado launched a lawsuit again those who have attempted to perpetrate crimes against his honour. Mr. Alvarado pointed out how various social media and instant messaging (whatsapp) had reported slanderous information supposedly concerning acts of misdemeanor on his part.
In the most recent case of Panamanian public authorities exerting undue pressure over the freedom of expression media outlets, the Electoral Tribunal, citing a clause of the Electoral Code regulating the manner in which poll results are publicly divulged, opened an administrative proceeding againPanama America and newschannel CB24 for news reported on October 27, 2015 and February 15, 2016. Both media firms have presented their official defense and are awaiting a formal ruling.
In their report, the SIP also referred to the proposed electoral reforms proposed by the Electoral Tribunal, currently sitting in the National Assembly, which would severely restrict freedom of expression if adopted.