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 Travel Writers' Resources | March 2007 
Bill Aims to Decriminalize Press Crimes
 Herald Mexico
Two Senate committees Wednesday approved legislation decriminalizing libel, slander and defamation of character, paving the way for full Senate approval next week.
The reform will protect journalists from the threat of jail time if anything they write happens to offend a public official or other powerful persons.
The so-called "press offenses" or "honor crimes" will instead be addressed in the civil code, where a plaintiff might be awarded monetary compensation if he or she chooses to take the case to court, and then wins.
The legislation, already passed by the Chamber of Deputies last year, has been vigorously supported by Mexican media organizations and free press advocates, who contend that the nation´s notoriously harsh libel and defamation laws are used by politicians to intimidate reporters and columnists.
PARTY SUPPORT
The fate of the free press law was essentially decided earlier this week when leading members of the National Action Party (PAN) indicated they would support the bill. The other two major parties had already indicated they would vote in favor.
But there were holdouts in all three parties until this week. Several senators were pushing for keeping the offenses in the criminal code, but exempting journalists.
By Wednesday, however, support had solidified and both the Senate Justice Committee and the Legislative Studies Committee approved the bill unanimously.
NO VETO PLANNED
PAN legislators indicated to EL UNIVERSAL that they have already consulted with the Calderón administration and received assurances that the president will not veto the bill.
Once published in the Diario Oficial (´Official Gazette´) and enacted into law, the reform will override a mish-mash of state laws that regularly result in jail time for journalists. Only one entity, Mexico City, had previously decriminalized libel, slander and defamation.
The decriminalization had a major effect just months after it was enacted, when a Mexico City judge in January threw out a defamation charge lodged against journalist Lydia Cacho by a business magnate mentioned in her exposé of a pedophilia ring in the state of Quintana Roo. The judge dismissed the criminal complaint on the grounds that there was no longer a criminal offense on the books.
CIVIL, NOT CRIMINAL
"Honor crimes" can still be pursued, however, by those who feel their reputation has been unfairly damaged. But the proceedings will be civil rather than criminal.
Pro-press organizations would still like to see Congress reform the definition of the three "honor crimes" usually translated into English as libel, slander and defamation, though they do not correspond precisely. But for now they will move over from the Penal Code to the Civil Code unchanged. |
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