Media laws at Panama
Panama's media laws are a blend of constitutional guarantees for freedom of expression and a legal framework that, while generally allowing for a diverse media landscape, also contains provisions that can be used to restrict journalistic activity.
Here's a breakdown of the key aspects of media laws in Panama:
1. Constitutional Guarantees:
Political Constitution of the Republic of Panama: The Panamanian Constitution guarantees freedom of expression and of the press. This fundamental right is a cornerstone of media operations in the country.
2. Key Legislation and Concerns:
Criminal Defamation Laws (Crimes Against Honor): This is perhaps the most significant area of concern for journalists in Panama. While imprisonment for libel and slander against high-ranking public officials was excluded as a punishment in 2008, these offenses remain criminalized in the Penal Code.
"Injurias" (Insults) and "Difamación" (Defamation): Panama's Penal Code (Articles 190-192, and specifically 145-148 for "crimes against honor") penalizes "insults" (words or acts that offend a person's dignity) and "defamation" (dishonoring someone or disclosing private information that affects their reputation). Penalties include fines, which can be substantial, and these cases often take years to resolve.
Civil Lawsuits: Beyond criminal charges, journalists and media outlets face frequent civil lawsuits for libel and slander. These lawsuits often claim significant damages and can lead to the seizure of journalists' and editors' assets even before a verdict is reached. Media associations view these lawsuits as a major threat to freedom of expression, as they can financially cripple independent media.
"Calumnia" (Calumny): Falsely accusing someone of a crime is also penalized.
Historical Context: Historically, Panama had "desacato" (disrespect) laws that protected government officials from public criticism, but these were largely repealed in 2008 following pressure from international and local press freedom advocates. However, the continued existence of criminal defamation, even without imprisonment for high officials, creates a chilling effect.
Data Protection Law (Law 81 of 2019): While intended to protect personal privacy, this law has been a source of tension for the media.
In at least one controversial case, the Panamanian Data Protection Authority sanctioned a digital media outlet for publishing a public document (a marriage certificate) without the consent of one of the parties, even though the information was in the public domain.
Journalistic unions have advocated for clear and express exceptions for journalistic activity within this law to ensure it does not undermine freedom of the press and access to public information. The law states that authorization is not required for data from the public domain or public media, but its interpretation by authorities has raised concerns.
Access to Public Information: Despite the existence of transparency legislation (like the 2002 law, and a new bill proposed in 2023), practical access to government information remains limited. Officials may refuse to release information, particularly in corruption cases, hindering investigative journalism.
Regulation of Radio and Television Services (Ley No. 24 de 1999): This law regulates public radio and television services, covering aspects like licensing, spectrum allocation, and technical standards. It also addresses cross-ownership between print and broadcast media (prohibited). The Autoridad Nacional de los Servicios Públicos (ASEP) is the regulatory body for these services.
Printers and Newspapers Act 1956: This older act is still in place and deals with the registration of printing presses and newspapers.
Cybercrime: While Panama doesn't have a broad "Cybercrime Act" like some other nations that directly impacts media freedom as severely as, say, Papua New Guinea's, there have been concerns about how existing laws or new proposals related to information crimes could be used.
Journalism Profession Law (Ley No. 6 de 1978): This law regulates the exercise of the journalism profession in Panama, including requirements for academic qualifications or proven continuous experience.
3. Challenges and Concerns for Media Freedom:
Judicial Harassment: Civil and criminal defamation lawsuits are frequently used by powerful individuals and officials to intimidate and financially pressure journalists and media outlets, leading to self-censorship.
Harassment and Threats: Journalists report harassment, threats, and sometimes physical attacks from officials, politicians, and even protestors, especially during sensitive reporting on corruption or criminal activities.
Lack of Full Decriminalization of Defamation: While the penal code was reformed in 2008 regarding high-ranking officials, the continued criminalization of defamation for others, and the severity of civil penalties, remain a significant issue.
Limited Access to Information: The practical difficulties in obtaining public information hinder the media's role as a watchdog.
Overall, while Panama's constitution provides strong guarantees for press freedom, the persistent use of defamation lawsuits and the challenges in accessing public information present ongoing obstacles for independent journalism in the country.
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