By Ingrid Bachmann
An impending ruling from the Salvadoran Supreme Court has created uncertainty and concern among journalists in the country, and sparked a debate on the limits of freedom of expression, reported El Salvador and El Faro.
The Supreme Court will decide on the constitutionality of article 191 of the Penal Code, which prohibits jail sentences for journalists who are critical. In essence, article 191 would de-penalize defamation committed by journalists.
However, in 2007 businessman Roberto Bukele filed a lawsuit alleging the proposed amendment was unconstitutional for attacking the honor and dignity of everyday Salvadorans, who still would be subject to legal penalties.
The Supreme Court is expected to reach a decision in coming days.
Although the media has argued that the judges are in favor of eliminating the article in question, various sectors of the country are opposed to any kind of defamation sanctions for journalists. The Journalists Association of El Salvador (APES), the Catholic church, the Chamber of Commerce, congress members, the prosecutor and even President Mauricio Funes — a former journalist — have said that eliminating the article would be a serious threat to freedom of expression.
“We cannot penalize those who express opinion, not with a desire to hurt someone's image or reputation, but with a desire to build a better society for Salvadorans," said President Funes.
According to Judge Florentín Meléndez, the Supreme Court has upheld sentences in favor of freedom of expression. “The citizenry, the Salvadoran public, the media, in my opinion, don't have a reason to be worried," he said.
Note from the editor: This story was originally published by the Knight Center’s blog Journalism in the Americas, the predecessor of LatAm Journalism Review.
