TE attacks Epasa and opens legal proceedings due to editor's note

Yet again, the Electoral Court carries actions in violation of freedom of speech in the country, once the existence of two administrative proceedings against the newspapers of the publishing group Epasa (Panamá América and Crítica) and international TV channel CB-24 became known.

The motive behind these actions are two publications in which poll results place former President Ricardo Martinelli with a higher popularity as compared with all living former Presidents since the era of democracy started and even with current President Juan Carlos Varela.

The information stems from two agreements reached by the Electoral Court magistrates by means of which the administrative proceedings against the above-mentioned media have been formalized.

"This is dangerous for the freedom of speech" said Dustin Guerra, director of the Panamá América, stating that they are "lashing out" against group Epasa for having spread a news fact.

While "Epasa group neither paid nor claimed nor ordered these polls" the magistrates decided to  open two proceedings. Fines could range from $5,000 to 25 thousand dollars. Epasa could face a fine of $50 000.

The argument of the Electoral Court for starting the proceeding is that, allegedly, the poll by the  company Doxa Panama was not previously registered in this institution.
In the agreement, the magistrates gave two business days to representatives of the media concerned to submit their defense.

In the case of the publishing group Epasa, two proceedings were opened due to publications which occurred on 27 October 2015 and 15 February 2016, which reported that if the elections were held on those dates, former President Ricardo Martinelli would be the virtual winner, should he be allowed to run.

Legal files on these proceedings, to which Panamá América could access, highlight the legal analysis made by the Office of the Legal Advisor of the Electoral Court ordered by the magistrates through the agreement above mentioned.

This analysis highlights a report which recommends fines ranging from $5,000 and 25 thousand dollars against the representatives of the media subject of this proceeding.

The newspapers of the Epasa group have been sharp critics of the electoral reforms which sought to promote the magistrates by granting them special powers to control the media.

One of these powers was to give increased powers to the TE magistrates to shut down media and control their advertising contracting during political campaigns.

Acts of nepotism in the Electoral Court during the Presidency of Erasmo Pinilla were also questioned which produced a recommendation for his being removed from office.

This recommendation resulted from a report prepared by the National Authority of Transparency and Access to Information (Antai). This proceeding has remained stagnant for more than one year
in the Supreme Court of Justice with no official pronunciation on this respect being made.

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Central American news channel, targeted by the magistrates

 

Central American CB-24 news channel presented their defense before the Electoral Court to qualify as inaccurate the opinions expressed in the report that the legal department of this State body had

prepared.

They argue that the communications company concerned has a responsibility for reviewing and narrating the news and not for making publications on polls.

The fact that there is no evidence showing that this company has made payments or charged for the publication of the poll should exculpate them from any administrative sanction.

"There must be a nexus between the person conducting the poll and the head of the publishing company", which has not been proven on this legal file.

This same argument has been made by Panamá América in their defense.

For this reason, CB-24 TV channel indicates that an administrative sanction against them must not be viable.