WHEREAS that in many countries of the Americas, freedom of expression and freedom of the press are subject to judicial harassment, and the use of legal tools is abused to censor these rights and to silence the exposure of issues of public interest
WHEREAS this semester, complaints, threats of lawsuits, judicial and administrative actions against the media and journalists were filed in Argentina, Bolivia, Brazil, Canada, Cuba, Ecuador, Guatemala, Mexico, Panama, Paraguay, Peru, Puerto Rico, the United States, the United States, and Venezuela
WHEREAS lawsuits and legal complaints tend to be lengthy and highly costly processes, driven by the intention of psychologically and economically wearing down the media and journalists
WHEREAS abusive litigation or strategic lawsuits against public participation (SLAPP) are a persistent threat to media outlets and journalists
WHEREAS many civil lawsuits with disproportionate claims are brought to intimidate media and journalists, and judges indiscriminately admit them without considering laws, jurisprudence, and inter-American standards protecting freedom of the press
WHEREAS national authorities increasingly charge, try, and convict journalists for financial crimes, tax evasion, fraud, or money laundering, often motivated by political reasons
WHEREAS the Federal Supreme Court of Brazil issued a recent ruling stating that "judicial harassment occurs when several legal actions are brought against the same journalist or media outlet, in different cities and states, based on the same fact, with a silencing or intimidating objective," and in the Court's opinion, this practice is abusive and compromises freedom of expression
WHEREAS Principle 10 of the Declaration of Chapultepec states: "No media outlet or journalist should be penalized for disseminating the truth or formulating criticism or denunciations against public power," and Principle 3 of the Salta Declaration on Principles of Freedom of Expression in the Digital Age states:" Governments should not penalize criticism, information or protest against public officials on matters of public interest or against individuals who voluntarily expose themselves to the scrutiny of society. In the case of claims of a civil nature, actual malice must be proven".
THE 80TH IAPA GENERAL ASSEMBLY RESOLVES
To denounce that judicial harassment has a negative effect by fostering a culture of self-censorship in the press and that, in many cases, it seeks to weaken the economic sustainability of the media
Urge the Supreme Court to urge judges to discriminate against defamation suits that have the apparent intention of silencing journalistic complaints
To welcome the decision of the Brazilian Supreme Court of Justice as an essential step in the fight against judicial harassment in that country.
