Blogger’s conviction marks new low for Peru's online freedom

04 Nov 10 | Uncategorized

On 29 October, journalist José Alejandro Godoy, became the first blogger in Peru to be convicted on defamation charges. Judge Flor La Rosa sentenced the author of political blog Desde el Tercer Piso (From the Third Floor) to a three-year suspended prison sentence, a fine of 300,000 soles (£65,000), and 120 days of social work. His crime? Ironically referring to a powerful politician as a “political jewel”.

Jorge Mufarech — a minister during Alberto Fujimori’s government (1990-2000) — initially launched legal action against Godoy in August 2009, after the blogger published an article that included links to criminal allegations levelled against Mufarech by other media sources. The article reported accusations that he had threatened another politician, Julio Arzibu. The controversial links appeared only in the first paragraph of the piece, and Godoy claims were included simply to contextualise the piece.

Godoy allowed Mufarech right of reply, publishing a letter from the former congressman and his own subsequent response, which explained why he thought the links were justified. But despite this, the politician claimed one million dollars in compensation for defamation.

Godoy had merely referred to Mufarech’s public past, so it came as a surprise when Flor La Rosa, in reference to the “political jewel” remarks, condemned the journalist for a “systematic campaign of defamation”. A completely different legal argument to that originally brought by the politician. It is hard to imagine what the ruling would be if Godoy had called Mufarech something really insulting.

It is worth noting that the judge is affiliated to APRA (American Popular Revolutionary Alliance), the political party at the head of the Peruvian government and Desde el Tercer Piso is well-known for its government criticism. Godoy will of course appeal the court’s decision. His lawyer, Roberto Pereira, has said that the lack of legal substantiation and the excessive nature of the sentence constitute a blow against press freedom, unprecedented in the country’s history.

Peru is holding elections in April 2011. This case represents a danger to free expression at a time when it is more important than ever. In the words of José Alejandro Godoy, “everyone, not only me, could be a victim of an absurd ruling like this one.” Mufarech has a history of defamation complaints — Susana Villarán, who is likely to be the next mayor of Lima, is currently under investigation — but this is the first defamation case Mufarech has won. So who will be next, Mr Mufarech?

Angel Garcia Catala works for free expression monitor Instituto Prensa y Sociedad (IPYS)

Latin America: media reforms spark debate

08 Dec 09 | Uncategorized

This is a guest post by Ángel García Català

On 14 December, the first national Brazilian congress on communication and media will be held in the country’s capital. The four day conference in Brasilia will discuss, amongst other things, the need for a new media law. The Workers’ Party (PT) is trying to amend the current legislation, which they consider to be “anachronistic and authoritarian” primarily because they believe it favours the interest of business over the interests of the wider population. Brazilian president President Luiz Inacio Lula da Silva has shown that he favours the reform, stating that “the more television there is, the more journalism and cultural programmes that appear, the more political debates ensue and the stronger the democratisation of communication will become”.

Brazil is following a process that has already been initiated by other countries in the region. El Salvador has also started discussions on media law whilst the parliament of Ecuador will begin the approval process of its own law on the 10 December. Other countries like Uruguay and Argentina have already adopted reforms.

Opinions on these laws and their suitability are polarised. Take the various reactions to the law adopted by the Argentinian Senate, for example. Some see this type of reform as a clear attack on freedom of expression, while others applaud it as a mechanism for strengthening democracy.

The new law in Argentina, which replaces the broadcasting law passed in 1980 during the military dictatorship of General Jorge Rafael Videla, provides that the same company cannot own more than 10 audiovisual licences. Those who are currently exceeding that number will be forced to sell the rest. One of the businesses most affected by this measure is the Clarín group, which has 264 licences and whose profits last year stood at around US $500 million.

The Spanish companies Telefonica and Grupo Prisa (which publishes El País) are also greatly affected. No wonder then, that these companies are among the biggest opponents to reform. Ricardo Roa, assistant general editor of the newspaper Clarín believes that “the law promotes a press weaker and docile toward political power”. Associations like the Inter American Press Association (IAPA) have also rejected the new law outright, saying that such reforms are an “enslavement to freedom of expression while promoting the creation and acquisition of media by the state and groups close to power.”

In contrast, the Argentinian reforms have the full support of Frank La Rue, the UN special rapporteur on freedom of opinion and expression, who considers it as one of the most advanced reforms in the world, as well as seeing it as “an example to others countries [to] ensure access for all social sectors to the media”. Reporters Sans Frontieres has also endorsed the reform, calling it a “brave and necessary law, despite pressure from some pretty selfish press groups”.