The biggest problem for press freedom continues to be judicial harassment through defamation lawsuits filed by public officials against media outlets and journalists to silence investigations into alleged corruption. These processes allow judges to demand the seizure of the defendant's assets as a guarantee, even without a verdict.
For example, Corprensa, the publishing house of La Prensa, faces 15 civil lawsuits: seven in the first instance, seeking up to US$4.2 million; four with rulings in its favor in the first or second instance, which sought US$33.5 million but resulted in the payment of US$817,000 to the media outlet; and four rulings against it, seeking US$12 million but ordering the media outlet to pay US$566,476. These rulings, collectively or individually, threaten the sustainability and financial viability of Corprensa.
The administrative process imposed by the National Authority for Transparency and Access to Information (ANTAI) against Corprensa for publishing a photograph of a deputy without his authorization was archived. Still, the civil lawsuit filed by the legislator remains.
During the new government's legislative period, a bill was presented to prevent the judicial seizure of assets belonging to media outlets and opinion makers in civil defamation and slander cases.
Previously, during the administration of former President Laurentino Cortizo, several media outlets denounced the discretionary distribution of official advertising. The current government of President José Raúl Mulino, who took office on July 1, has not yet distributed state advertising. However, due to an aggressive public spending containment program, it announced that this would be less than in the previous government, although equitable.
President Mulino organizes weekly press conferences, during which questions are taken from social media and media outlets in the auditorium, usually traditional media.
Two draft bills in the Government, Justice, and Constitutional Affairs Committee of the Legislative Assembly positively affect press and expression freedoms.
One positive initiative seeks to regulate state advertising spending to make it "more transparent, efficient, and equitable." Another aims to establish protections against judicial and procedural harassment. Former independent deputy Gabriel Silva presented both during the last five years.
Relevant judicial matters:
A court confirmed, in the second instance, the sentence against commentator Eduardo Narváez to five years in prison for the crime of gender violence against former Attorney General Kenia Porcell for alleged psychological injuries. Porcell sued Narváez after its publication in January 2019 on Instagram, where images of a Russian model physically resembling the former attorney general appeared. The parties may appeal the decision to the Supreme Court of Justice (CSJ).
In the second instance, a court revoked the ruling in favor of Corporación La Prensa (Corprensa) in the civil lawsuit for alleged damages of $5.5 million filed by former President Ernesto Pérez Balladares in 2012. The court ordered Corprensa to pay US$5,000 for moral damages. The first instance ruling had been considered an essential precedent for using the "actual malice" principle to forgive the media outlet. The case is on appeal before the Supreme Court.
Pending are a nullity appeal and a recusal appeal in a case of alleged violation of image rights for the publication of a collectible album with biographical content of boxer Roberto "Mano de Piedra" Durán. La Prensa had been ordered to pay US$505,000, an amount considered disproportionate, given that the editorial project generated US$20,000 in revenue and US$70,000 in costs. The court's interpretation could allow public figures to sue media outlets and journalists for using their images.
Corprensa has three other judicial processes in the cassation stage, meaning a collegiate body of magistrates will review the cases to issue a final ruling. Although the verdict favors Corprensa in one of these cases, the amount demanded in the first two instances is US$25 million.
On the other hand, the Supreme Court did not admit a cassation appeal to challenge the ruling against Corprensa, which orders the payment of $3,000 for moral damages, following a civil lawsuit for one million dollars filed by former First Lady Marta Linares de Martinelli.
The National Union of Construction and Similar Industry Workers (SUNTRACS) filed a criminal complaint against the newspaper La Estrella de Panamá and two of its journalists for alleged damages to honor and economic security. The complaint was motivated by the publication of a news story about the closure of the union's bank accounts by the state bank Caja de Ahorros.
The Supreme Court upheld a civil ruling against Geo Media, which publishes the newspapers La Estrella de Panamá and El Siglo, to pay US$24,735 in a lawsuit for US$400,000 filed by Nelson Carreyó for alleged damages following the publication of two glosses in 2012, when Carreyó was aspiring to a public office.
The Supreme Court also upheld the 2019 ruling against journalist Linett Lynch for US$32,000 due to a publication about alleged acts of corruption in a court.
The digital media outlet Foco faces two criminal cases and two civil lawsuits totaling $746,000. In the process filed by former President Ricardo Martinelli for alleged damages for defamation and slander, a seizure of US$4,500 remains in place.
A judicial seizure order for US$121,000 remains in effect against radio journalist Ronald Acosta, who was sued by ruling party deputy Benicio Robinson.
The National Bar Association and the National Journalists Association (Conape), with the support of the National Journalism Council (CNP) and the Journalists Forum, presented a reform proposal in October 2022 to address gaps in the current law and provide protections for the practice of journalism and the use of public documents or data of public interest.
The conviction in the New Business case regarding the acquisition of Editora Panamá América, S.A. (EPASA), former publisher of the newspapers Panamá América, La Crítica, and Día a Día, was confirmed by the Supreme Court on February 22. The sentence was executed on March 4. In this case, former President Martinelli was sentenced to 10 years, eight months in prison, and a fine of $19.2 million. The conviction includes confiscating EPASA's shares in favor of the state. The newspaper brands were transferred in February 2020 to another company controlled by Martinelli. So far, the media outlets continue to publish with editorial freedom. Martinelli remains in asylum at the Nicaraguan Embassy in Panama, so the sentence has not been executed.
The sanction imposed on the digital media outlet Foco by the National Directorate of Electoral Organization (DNOE) of the Electoral Tribunal remains in effect following a complaint filed by Martinelli, who alleged that the media outlet published electoral propaganda. At the end of last year, the DNOE process was modified, allowing the defendant to declare under oath whether they had received payments to make the publication before ordering the suspension of the content. However, Foco did not declare. Despite the sanction remaining in effect, it has not yet been enforced.
