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Panama's Version of Freedom of Speech / Expression; Constiutional Protections Against Liable, Slander, and Personal Attacks versus Legislator Immunity


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Panama journalists protest against acts of intimidation

Wed, 09/05/2018 - 23:31

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Panamanian journalists walked out from their newsrooms Wednesday to demand that authorities put an end to persecution, harassment and economic attacks in the form of lawsuits filed by officials and politicians unhappy with coverage of their actions.

Editors, television presenters and reporters gathered in Porras Park, in downtown Panama City, where they were joined by attorneys and journalism professors and students, who view these economic attacks as a new threat to democracy and freedom of expression.

Guadalupe Castillero, a Next TV news anchor accused of defamation by a top police official, attended the demonstration after having appeared at a civil court to be notified about the $2 million lawsuit.

Castillero said she was confident that she would win the case and that "nobody will then tell us what we can or cannot ask."

Other lawsuits have been filed by Marta Linares, wife of disgraced former President Ricardo Martinelli, against several journalists from the La Prensa daily, while opposition lawmaker Carlos Afu filed a $20 million suit against the newspaper.

Miliciades Ortiz, a professor who has trained many generations of Panamanian journalists, said that this type of harassment was "another way to attack freedom of expression, though this time they have gone against people's pocketbooks."

Ortiz said that the new way to intimidate journalists has been by means of "these lawsuits that are for such absurd quantities of money that they are almost comical."

"As citizens, we must defend freedom of the press and freedom of expression," constitutional lawyer Ernesto Cedeño told EFE.

 

https://www.panamatoday.com/panama/panama-journalists-protest-against-acts-intimidation-7773

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Álvaro Alvarado: they do not want corruption to be disclosed in the country

Wed, 09/05/2018 - 22:23

Panama Today interviewed journalist Álvaro Alvarado during the demonstration staged by Panamanian journalists in defense of freedom of speech. "There is a strategy prepared by a political sector of the country to try to silence the media and to close, if necessary, some media. The purpose is not to disclose all the acts of corruption that have been generated in the past and are being generated today," said the interviewer of the local channel  Telemetro.

"We cannot repeat this history because here we fought for democracy and we have to defend that democracy," said the journalist, referring to the Panama’s dictatorship era.

He claimed that in recent weeks he has been the victim of "slander and insults by a couple of deputies from the National Assembly (AN). The most cowardly thing is that they stand in the hall to do it and they do not go to the Public Ministry to present evidence, a single evidence of what they are saying".

Panama Today asked Alvarado for his opinion as a citizen of the justice system. He said he is a critic because he considers he has failed, specifically in terms of selectivity and delays. 

Although he categorizes some facts as "dark", he is confident that gradually things will be corrected in all areas of the country. Otherwise, he believes that "we will become another Venezuela or another Nicaragua. We cannot allow that".

He believes that 2019 should be the year to redesign a new country.

Regarding the trial Ricardo Martinelli is facing, he stated he must stand his trial and the court must determine whether he is guilty or not of the facts that are imputed to him.

A large representation of the Panamanian journalism union attended a demonstration that took place in the Porras Park in Panama City. The journalists rejected the recent actions of public officials and figures who have filed millions of civil lawsuits against their work.

A high-ranking police officer filed a lawsuit requesting $ 2 million against the Nextv channel presenter, Guadalupe Castillero for alleged injuries; former first lady, Marta Linares de Martinelli took legal actions against a group of journalists from La Prensa newspaper; Deputy Carlos "Tito" Afú sued the same newspaper for 20 million dollars; TVN News also reported that the journalist Meredith Serracín has been the subject of a lawsuit for a tweet that she published without mentioning any specific person.

 

https://www.panamatoday.com/panama/alvaro-alvarado-they-do-not-want-corruption-be-disclosed-country-7771

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  • Moderator_02 changed the title to Freedom of the Press -- Panama journalists protest against acts of intimidation
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CD Deputy will sue newspaper La Prensa for $ 20 million

Wed, 09/05/2018 - 16:48

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The Panamanian opposition deputy, Carlos Afú, announced today that he is going to sue the local newspaper La Prensa for 20 million dollars for alleged defamation in publications about alleged cases, but that the parliamentarian affirms have been filed and dismissed.

Afú, of the opposition party Cambio Democrático (CD), took advantage of the period of incidents on Tuesday in the National Assembly (AN, Parliament) to announce the legal action for publications of that newspaper on cases followed up in the courts against the deputy, who said that Several of the complaints against him have been dismissed and filed.

"I want you to know, Mrs. President (of the AN, Yanibel Ábrego) that I am going to sue La Prensa, and it will be for 20 million dollars, I will be respected in this country," said Afú, visibly upset, pointing he will file this legal action "they have to stop fooling us and doing what they want".

The parliamentarian said that consecutively in 2013, 2105 and 2017 some of these complaints were filed by judicial authorities.

Afú also attacked the initiative that sectors of civil society keep asking voters not to vote for deputies who stand for re-election in the general elections on May 5, 2019, as part of a campaign against corruption.

"I'm going to tell you one thing, we went to an election (in May 2014) and there are the votes in the province of Los Santos, in my (electoral) circuit 7-1. That's for those who say we are not going to be re-elected," said Afú, who has been elected as a deputy for five consecutive terms.

The announcement of the complaint filed by Afú on Tuesday joins the environment of hostility and friction that has been occurring in the embryonic Panamanian electoral process, involving politicians, journalists and media.

Several organizations of journalists in Panama expressed their "regret" on Tuesday over the "growing and alarming" number of attacks, threats and legal actions filed against journalists, and called for an "immediate" halt to this harassment.

"We demand the immediate cessation of the systematic campaign of attacks, harassment and verbal intimidation against journalism professionals," said the Journalists Union of Panama, the National Association of Journalists of Panama, the Association of Journalists of Chiriquí and the Circle of Journalists of Columbus.

The associations mentioned the case of Guadalupe Castillero, the presenter of the local chain Next TV denounced for alleged insults by a senior police officer, and the actions taken against several journalists of the newspaper La Prensa by the wife of former president Ricardo Martinelli and former first lady Marta Linares.

The commissioner Javier Fanuco, a senior official of the National Police, demanded last week journalist Castillero and the television network for having interviewed an agent who accused him of sexual harassment and asked for a two-million dollar compensation.

On the other hand, the wife of former president Martinelli filed a complaint against five journalists from La Prensa for allegedly attempting against the honor of her family for having reported on various cases of corruption in which they are investigated.

 

https://www.panamatoday.com/panama/cd-deputy-will-sue-newspaper-la-prensa-20-million-7770

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Lim Yueng: they want to intimidate journalists

Thu, 09/06/2018 - 12:47

During the demonstration staged by Panamanian journalists, this Wednesday, in favor of the freedom of expression, journalist Eduardo Lim Yueng believes there is an excess of complaints in an attempt to intimidate media professionals. "It's time, it's been less than a year for the elections and the search for prominence is going to take place ... Are there situations? Yes, can journalists also make mistakes? Yes, however one thing is the free exercise of journalism which is what we want and another are these complaints with the intention to intimidate.

Panama Today interviewed Lim Yueng regarding justice system in Panama. 

"Here we have and we need bold judges, bold magistrates who dare to decide what pursuant to law they believe they should decide. Not with fear of the media or the political powers. If this is just their decision, they cannot be held responsible in the future."

Regarding the issue of Ricardo Martinelli, Yueng said it is a case "that no matter if it is very attached to the law, it will be considered political" because of what the former president of Panama represents.

A large representation of the Panamanian journalism union attended a demonstration that took place in the Porras Park in Panama City. The journalists rejected the recent actions of public officials and figures who have filed millions of civil lawsuits against their work.

A high-ranking police officer filed a lawsuit requesting $ 2 million against the Nextv channel presenter, Guadalupe Castillero for alleged injuries; former first lady, Marta Linares de Martinelli took legal actions against a group of journalists from La Prensa newspaper; Deputy Carlos "Tito" Afú sued the same newspaper for 20 million dollars; TVN News also reported that the journalist Meredith Serracín has been the subject of a lawsuit for a tweet that she published without mentioning any specific person.

 

https://www.panamatoday.com/panama/lim-yueng-they-want-intimidate-journalists-7781

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Fernando Correa: "The Panamanian people are willing to defend a free media"

Thu, 09/06/2018 - 14:23

Journalist and presenter of NexTv, Fernando Correa, called "infamous" the lawsuit filed against the also journalist of that television channel, Guadalupe Castillero. "She is sued for an interview made with all the rigor needed, where no type of opinion was issued. I believe that the generalized repudiation has been the most important thing and that the Panamanian people are willing to defend a free media," said Correa.

Regarding the issue of the Panamanian justice Correa said he has been a victim of what happens in the judicial system. "I have been a victim of this crisis of justice, with this hoax called Caja de Ahorros (Savings Fund) where a judge dismisses all those involved because there was no crime. Who removes the two years to my family that is suffering a biased justice?," asked the journalist.

Panama Today also interviewed Correa concerning his opinion on Martinelli's case. He believes there is a "manual persecution" against people who were part of the previous Administration.

A large representation of the Panamanian journalism union attended a demonstration that took place in the Porras Park in Panama City. The journalists rejected the recent actions of public officials and figures who have filed millions of civil lawsuits against their work.

A high-ranking police officer filed a lawsuit requesting $ 2 million against the Nextv channel presenter, Guadalupe Castillero for alleged injuries; former first lady, Marta Linares de Martinelli took legal actions against a group of journalists from La Prensa newspaper; Deputy Carlos "Tito" Afú sued the same newspaper for 20 million dollars; TVN News also reported that the journalist Meredith Serracín has been the subject of a lawsuit for a tweet that she published without mentioning any specific person.

 

https://www.panamatoday.com/panama/fernando-correa-panamanian-people-are-willing-defend-free-media-7784

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$300 fine for accusing Varela of corruption

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Ruiz (center) "corruption" cry sanctioned
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A MAN  who accused President Juan Carlos Varela of corruption during celebrations of the Cry of Independence in La Villa de Los Santos on Saturday, November 10, was arrested and taken before a Justice of the Peace who imposed a $300 fine.

Marcelino Ruíz, 67, of the  National Front for the Defense of Economic and Social Rights (Frenadeso)

Ruíz shouted at Varela: “May I be struck by lightning if Varela is not implicated in corruption cases!”  according to reports on the Bayano website.  Security agents of the National Police arrested  Ruíz at his home

He was released after the JP set the   $300 fine.

In Panama, libel and slander are classified as crimes against honor.

His daughter Lilian Marissa through her Facebook account said that her father was arrested unfairly, since the man who is also a victim of diethylene glycol poisoning, only exercised his right to protest.

“The epidermal cases of President Juan Carlos Varela are reiterated. He speaks of Democracy at the International level (as always in a  bubble) but with  a repressive attitude as daily practice, against  any questioning  of his administration and person, using for purposes other than those entrusted by Law to the security apparatus of the State (careful with embezzlement) that seem to act as a private guard,” Said Marissa.

 

https://www.newsroompanama.com/news/panama/300-fine-for-accusing-varela-of-corruption

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Two arrests in posting of  doctored “hot”photos

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Juan Marcos Morales Esquivel
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Two men allegedly involved in the dissemination through the social networks of photoshopped images showing Panama’s Attorney General Kenia Porcell in revealing poses with disparaging comments have been arrested.
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Kenia Porcell

The secretary of the Public Ministry, Rolando Rodríguez, reported that through the IP addresses of the computers used to disseminate the photos, two men were arrested. the presumed authors of the original diffusion in social networks of the images. The arrests were made in Chiriqui and Panama.

the superior prosecutor of the Trial Assistance Section of the Metropolitan Prosecutor’s Office, Maruquel Castroverde, said that the suspects could face penalties ranging from 5 to 8 years in prison, but that can rise to 12 years in prison if aggravating factors are determined during the Investigation.

She said that in these cases not only the woman victims of the dissemination of through social networks but also their entire family environment is hurt.

The younger of the two men Juan Marcos Morales Esquivel,34  appeared before the judge of guarantees Jaqueline Montenegro in David, Chiriqui on Saturday his arrest a was legalized and h was sent to preventive detention.

he prosecutor Yaisa Morales, presented the elements that link him to the crime of gender violence, typified in article 138 of the penal code.

The prosecutor argued that the Attorney General filed the complaint for being the public humiliation and a personal psychological injury for her and her family, she and her family.

Morales Esquivel published on Instagram four photographs, of Porcell and three other photos of a similar person in lingerie. ‘Corrupt, Criminal and pornographic je je je’, (ha ha ha) was the message that accompanied the “hot” photos.

Judge Montenegro said that she decreed preventive detention since she considered that with the evidence presented by the Public Ministry there were procedural risks, such as the possible destruction of evidence.

 

https://www.newsroompanama.com/news/panama/two-arrests-in-posting-of-doctored-hotphotos

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  • Moderator_02 changed the title to Panama's Version of Freedom of Speech / Expression
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On 1/22/2019 at 8:14 AM, Moderator_02 said:

 

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2nd ‘hot photo’ accused imprisoned

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Perez, handcuffed and shackled
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THE ARREST of a second man accused of manipulating photos of a Russian exhibitionist look-alike to post images of Panama’s Attorney General on social media was legalized in a Panama court on Monday, January 21.

Like his fellow accused Chirica Juan Morales 34, in David, Rubén Peña Pérez,52,   was ordered held in preventive detention. to avoid the destruction of evidence

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Natasha Rushkova

The two are imprisoned for uploading to their networks photos of the Russian exhibitionist Natasha Ruskova photoshopped to look like the nation’s top prosecutor Kenia Porcell.

The Panama Court of Guarantees accepted the request of the Public Ministry to charge Pérez with psychological personal injuries.

His defense challenged the decision, and an appeal hearing will be held on January 28 after the WYD celebrations.

Peña Perez, a welder, and resident of 24 de Diciembre, in  Nuevo  Tocumen, was taken to court handcuffed and shackled.

Prosecutor Janina Muñoz said that the postings encouraged more people to spread the doctored images which denigrated and psychologically affected Porcell.

The defense attorney asked the judge for a different measure to detention, alleging that not only his client disseminated photographs, but a plural number of people.

The lawyer and journalist Juan De Dios Hernández said he believed that clarification from the Attorney General was enough, “but arresting two people and diverting the State’s resources for something that does not make sense does not seem pertinent to me.”

The lawyer Angel Luis said a welder handcuffed hand and foot for copying public images from a public Twitter account. Were extremes measures to which we want to bring “justice”?.   He said that Mayín Correa [former Panama Governor and a two-term mayor of Panama City] there are 40,000 memes, glosses, jokes and other stories. Without doubting the respect she deserves, nobody has ever been imprisoned for distributing, forwarding or sharing photos, images or comments about her”! The victim is judge and party.

 

https://www.newsroompanama.com/news/panama/2nd-accused-in-hot-photo-case-imprison

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Caricarturist investigated for tweeting doctored photo of prosecutor

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Kenia Porcell

Posted 12/06/2019

A tweeter and caricaturist will be investigated for personal psychological injuries to the detriment of Panama’s Attorney General, Kenia Porcell.

 Eduardo Narváez posted on his social network a photo of a Russian model in a bathing suit, who had a resemblance to the head of the Ministry Public.

The investigation of Narváez begins after the First Superior Court granted an appeal  to the Prosecutor General's Office, approving the charges that were rejected by a judge of guarantees on January 24 of this year.

The ruling of the First Court, on  Tuesday, June 11,  annuls the decision of the judge of guarantees, who decided not to accept the investigation against Narváez, whose Twitter account is @ Edunar54.

 

https://www.newsroompanama.com/news/caricarturist-investigated-for-tweeting-doctored-photo-of-prosecutor-1

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Journalist groups face deputy on freedom of expreassion

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Posted 01/08/2019

Members of the National Journalism Council, Forum of Journalists, Panamanian Broadcasting Association and the Industrial Union of Panama met on Thursday, August 1 with Deputy Zulay Rodríguez, to discuss the preliminary bills that she is pushing that could affect freedom of expression.

The organizations expressed their concern because the draft bills could have elements that threaten freedom of expression, including deportation for demeaning Panama.

Rodríguez, on the other hand, promised to eliminate article 13 of the immigration reform bill and said that a broad consultation process will be carried out to safeguard freedom of expression and business during the discussion of the draft bill to protect national musicians, which would entail the elimination of Law 11 of 1988. The bill included quotas for airing Panamanian music.

 

https://www.newsroompanama.com/news/journalist-groups-face-deputy-on-freedom-of-expreassion

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Filmmaker  fined $500 for carrying Panama flag with LGBTI colors

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Roberto Latorre

Posted 07/08/2019

anama filmmaker Roberto Latorre spent the night at the Sub Station of the National Police in San Miguel, after being arrested on the afternoon of Tuesday, August 6, for carrying a Panamanian flag with the colors of the rainbow, one of the symbols of the LGBTI movement.

He was participating in a civic demonstration against corruption and impunity on the grounds of the National Assembly.

On the morning of Wednesday, Latorre was initially taken - handcuffed and escorted by police officers - from the Sub Station to the Community Justice of Peace of Calidonia, but JP Sonia Fuentes warned that the case is the responsibility of the Panama Mayor's Office. 

"It's the first time I've seen such a case,” said Fuentes and she went with Latorre in a patrol car, to the Mayor's office.

Latorre appeared before Mayor Luis Fabrega and was fined $500. He acknowledged that the flag belongs to him, that he designed it himself, but that it is not the Panamanian flag, because the national emblem has three colors (red, blue and white) and his is seven.

"Regarding the similarity with the flag of the Republic of Panama, he indicated that this question should be asked to those who saw it and not to him," said the Mayor's Resolution.

The same resolution indicates that "the similarity with the Panamanian flag is evident, with two identical quadrants in its description, colors, design and location, and with two quadrants that represent without a doubt the other two quadrants of the Panama flag, the red and blue, respectively, to which graphic elements consisting of orange and yellow stripes on the upper right quadrant of red and green and purple stripes on the lower left quadrant of blue have been incorporated ".

The fine is appealable within five business days,

 

https://www.newsroompanama.com/news/filmmaker-fined-500-for-carrying-panama-flag-with-lgbti-colors

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Lawmaker flouts agreement with journalists

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Zulay Rodriguez

Posted 08/08/2019

Zulay Rodríguez, first vice president of the National Assembly, whose controversial flurry of bills including attacks on immigrants have raised questions from civil groups. Human rights organizations and church leaders is now under renewed fire from media organizations.

The president of the National Journalism Council, Sabrina Bacal, warned that the PRD deputy  has  breached an August commitment, made  in a meeting with her and representatives of other journalistic unions of the country, as well as local representatives of the Inter-American Press Association (IAPA) , in order to discuss the immigration reform bill and other legislative initiatives she promotes.

According to Bacal, in that meeting, promised to eliminate article 13 of the immigration reform bill, which says:  “Those foreigners who publicly express offenses and insults towards Panamanian nationality, who commit crimes in the country, or those who do not deliver the documentation described in article 5 of this Law, after the expiration of the legal deadlines for this purpose, as well as the detained persons who have served their sentence or the quota part thereof established in the Agreements and Treaties that they exist as the case may be, with their country of origin; they will be deported immediately from the national territory ”.

Bacal recalled that during the appointment, which was also attended by Gerardo Berroa (president of the Forum of Journalists); Alessio Gronchi (Panamanian Broadcasting Association); Guillermo Antonio Adames, vice president of the National Journalism Council; Eduardo Quirós, president of the board of directors of  La Estrella and member of the board of directors of the Inter-American Press Association, and Alejandra Araúz (Forum of Journalists), said she had a commitment to freedom of expression, the which - in her s opinion - "is not negotiable."

Bacal said  that when Rodriguez presented the preliminary bill to the Government subcommission created to analyze the proposal, it included a text whose essence is exactly the same as that of the

“Just a week ago, deputy Zulay Rodríguez promised, , to eliminate article 13, which clearly violated freedom of expression, and today we are seeing in the subcommission that it is introducing a very similar proposal. " 

"And what is strange is that the person carrying the flag [of the LGBTI community] is not even a foreigner. So she is now talking about deporting now those who offend the national symbols and that, in essence, is exactly the same as what that she promised to eliminate, ”said Bacal.

"At that same meeting, deputy Zulay said that freedom of expression for her was not negotiable, so we hope that with all her decisions and actions she will honor this word," she added.

 

https://www.newsroompanama.com/news/lawmaker-flouts-agreement-with-journalists

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Deputy nixes draft bill regulating journalism

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Mayín Correa

Posted 29/08/2019

Democratic Change Deputy   Mayín Correa has withdrawn a preliminary bill seeking to regulate journalists.

 The  Forum of Journalists for Freedom of Expression and Information announced that, after meeting with Correa , she made the decision to withdraw the bill - whose draft she circulated among the media-, after the restlessness generated by the initiative.

ccording to a statement issued by the Forum, the deputy said that "her initiative did not seek to generate controversy and much less affect the work of journalists or journalists, rather enhance the profession."

This draft "by which journalism is established as a liberal profession and the exercise is regulated", was only submitted for consultation, but was not submitted to any instance of the National Assembly.

The union said that it respects the right of  every deputy has to present the bills that they deem necessary, but "the right to warn the proponents of such initiatives will always be exercised, the firm commitment to safeguard everything related to defense of freedom of expression and information. "

 

https://www.newsroompanama.com/news/deputy-nixes-draft-bill-regulating-journalism

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OPINION: Lawmakers abuse of privelege

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Zulay Rodriguez

Posted 28/10/2020

Article 154 of the Political Constitution establishes a privilege that has been repeatedly abused by various deputies: "The members of the National Assembly are not legally responsible for the opinions and votes they cast in the exercise of their office." Thanks to this article, they have sullied the honor of respected citizens; they verbally attack anyone who does not share their opinions and they lie blatantly and deliberately. That is to say, they have a license that other citizens do not have. And, exercising this privilege, on October 19, deputy Zulay Rodríguez verbally attacked a journalist and her interviewee, alluding to aspects of their private lives, thus ignoring another article of the Constitution: "The authorities of the Republic are instituted to protect in his life, honor and property to nationals wherever they are and to foreigners who are under its jurisdiction… ”. For this reason, the Supreme Court has been asked to review if the words uttered by the deputy on the indicated date are in accordance with our constitutional precepts. It is not about restricting opinions, as the deputy alleges, it is about the correct interpretation of our Constitution.LA PRENSA,  Oct. 28

 

https://www.newsroompanama.com/opinion/opinion-lawmakers-abuse-of-privelege

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  • Moderator_02 changed the title to Panama's Version of Freedom of Speech / Expression; Constiutional Protections Against Liable, Slander, and Personal Attacks versus Legislator Immunity

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