7.31.2009

Attorney general proposes regulation of freedom of expression




The Venezuelan Attorney General Luisa Ortega (botox anyone?) yesterday has proposed for a strict regulation of the right of freedom of expression. While the Attorney General, Luisa Ortega, recognized (thanks be to God) the constitutional right of freedom of expression, she proposes to regulate the freedom of expression by criminalizing the act based on "false news" that could trigger social reactions, including political retaliations by hecklers. She introduced a special law titled Law of Mediated Crimes. The rationale behind the law, according to Luisa Ortega, is that the constitutional right of freedom of expression must be curtailed and balanced. Now, I really think that Luisa Ortega is forgetting that the only limitation to the right of freedom of expression is defamatory laws or the criminalization of defamation. Venezuela provides for the criminal penalty of defamation, as the only limitation to the right of freedom of expression. If we compare legislations worldwide, there is not a single additional limitation to the right of freedom of expression. This limitation will surely constitute a further violation of the Venezuelan Constitution.

The proposed law includes a wording that any television reporter, broadcaster, artist or any citizen utilizing the media outlet for that matter, that bases itself on "false or erroneous news" will trigger criminal penalties, including prison from 2 to 5 years, depending on the case. Now, the keyword here in "false news", what really constitutes false news, when comparing it to "true news". Who will decide whether or not the news was false will be entirely based on political judgments, moreover in practical terms this will create difficulties for the prosecution, proving to the Criminal Court that the news was false. And what constitutes the truth? Definitely a spiritual exercise...

If this law is passed, this will create additional censorship on Venezuelan media outlets, now added to the current government financial and tax terrorism will virtually silence opinions in the media.

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