Puerto Rico

PUERTO RICO The past six months have seen an increase in verbal and physical attacks on journalists, the voicing of alarm at government pressure being exerted on the provincial press, the introduction of several legislative bills that if passed would have an impact on the media, and initiation of a number of lawsuits concerning the practice of journalism. The main events, in chronological order, were: October 30, 1999: the Overseas Press Club of Puerto Rico announced that over the previous 15 months it had received reports of 12 incidents of assault on a total of 34 journalists. Vicente Pierantoni, president of the Association of Provincial Newspapers of Puerto Rico, reported a number of developments have restricted press freedom. Among these were denial of access to public records; the non-availability, in person or on the telephone, of municipal officials in the news; physical and verbal abuse of journalists by people close to these officials, and the withholding of local and central government announcements. There has also at times been an advertising boycott by the private sector. The legislature has been debating several bills concerning the press: • Senate Bill Nº 1882 would prohibit Puerto Rican government agencies from providing information about their contracts with private companies without the authorization of the people mentioned in them. This was seen as a gag on investigative reporting on government expenditure and possible corruption. The bill was shelved after protests from journalist associations. • House of Representatives Resolution Nº 5644, now before the Criminal Law Committee, which would order an investigation into the reported increase in attacks on journalists. • House of Representatives Bill Nº 2670, which would characterize as aggravated assault any aggression against anyone clearly identified as a journalist while newsgathering, and thus a serious criminal offense. • House of Representatives Bill Nº 2807 to amend the “Law on the Bureau of Special Investigations of the Department of Justice of the Commonwealth of Puerto Rico.” Article 13 would classify as confidential for 30 years any information in the custody of the Bureau, to be accessible only with the approval of the Bureau’s director and the governor of Puerto Rico. Divulging or publishing this information would be regarded as a serious offense and carry a penalty of two to five years’ imprisonment. The House passed the bill and it is now before the Senate. Media organizations see this as yet another attempt at a gag law and have asked to go before Congress to air their opposition to it. On December 10, 1999, Gov. Pedro Rosselló signed Law 329 into law, thus amending the 1974 Criminal Code to raise criminal libel from misdemeanor status to serious offense, punishable by up to six months’ imprisonment, a fine of $5,000 and community service. The amendment says that the multiplicity of media increases news coverage and therefore the damage to an offended party when libel is committed. Malicious intent is required as proof of guilt. El Vocero has petitioned the Federal Court to repeal any law that makes defamation a criminal offense and thus hinder reporting. As a result of an incident during the summer 1998 strike at the Puerto Rico Telephone Company, a complaint was filed in Federal Court charging two police officers with having assaulted reporter Leila Andreu Cuevas, president of the Association of Journalists of Puerto Rico, and photographer Joel Colón Pagán, a member of that association. The case is currently at the discovery and deposition stage. Trial has been set for August 14, 2000. During celebrations of the Feast of San Sebastian in Old San Juan, TeleOnce reporters Liza Lugo and Daisy Sánchez and NotiCentro 4 cameraman Edmundo Cid were roughed up by a young reveler, who went on to act indecently toward Lugo. The youth was arraigned on charges of assault and damage to property. On February 14, Carlos Romero Barceló, Puerto Rico’s resident commissioner in Washington, went into a tirade against TeleOnce reporter Daisy Sánchez at a press conference he had called. Among other things, he questioned her political views, accusing her of being a supporter of the “separatists.” At the press conference, called to mark the March 5 “Celebrate American Citizenship” rally, religious groups and others who had organized a rival Peace March in Vieques on February 21 were labeled “separatists” and “anti-American.” Romero’s remarks came in response to a question in which Sánchez alluded to what she saw as a change of mind on his part about an order from President Clinton on the issue of the U.S. Navy base on Vieques Island. On February 18, Sánchez was belittled by Alfonso Aguilar, the governor’s press secretary. He interrupted her and turned to another reporter, Madelyn Vega from Telemundo, to put her question instead – which she refused to do out of deference to her colleague. Aguilar did the same thing later in the day at another press conference, this one called by the governor and Kevin Green from the U.S. Southern Naval Command. Reporter Yolanda Vélez Arcelay of TeleOnce and other journalists took the opportunity to remind the press secretary that it was the role of reporters to ask questions and it was up to the person being questioned to decide whether or not to answer.