On Friday, 5 April 2019, the Constitutional Court struck down disposition No. 6 of Art. 44 in the recently passed Political Parties Law 33-18, which had criminalized negative comments regarding politicians in social media. The sentence is TC-01-2018-0043.
Lawyers Namphi Rodríguez and Héctor Herrera Cabral had disputed the disposition in the Constitutional Court. The disposition had read: “The dissemination of negative messages through social networks that tarnish the image of candidates will be sanctioned according to articles 21 and 22 of Law No.53-07, on Crimes and High Technology Crimes.”
Rodríguez commented after the higher court decision was announced that the Political Parties Law disposition sought to inhibit citizens from reporting on administrative corruption. He said he is waiting to read the full sentence, but suggested it is a decision “that strengthens the constitutional state against a draconian law of parties that ignores free expression in social media as they ignore other rights such as freedom of association and the rights of members of the political parties.”
The spokesman for the PLD, Gustavo Sánchez, who had defended the restriction to freedom of speech by the law, now says that the measure sought to limit criticism by people to those matters that could be proven in a court. But he says the Constitutional Court ruling needs to be respected.
Rodríguez said there are several other gag laws, including the recently passed Electoral Regime Law 15-19, which penalizes with up to 10 years in jail for defamation, a crime that would otherwise only receive six months in Freedom of Speech Law 6132 that dates back to 1962. He said he is waiting to read the full Constitutional Court opinion. He said that Constitutional Court ruling TC0075-16 had already established that there would be no jail sentence when politicians or government officers are involved.
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Diario Libre
El Nacional
8 April 2019