Lawsuits and civil lawsuits with multimillion-dollar damages against independent media outlets and journalists continue to be the most commonly used method by public authorities to inhibit the press in their investigations into acts of corruption.
Lawsuits and civil lawsuits with multimillion-dollar damages against independent media outlets and journalists continue to be the most commonly used method by public authorities to inhibit the press in their investigations into acts of corruption.
The Government and Constitutional Affairs Committee of the National Assembly, with five votes against and three in favor, rejected a bill by Representative Ernesto Cedeño. It proposed amending the Judicial Code to prohibit the civil seizure of property and assets of media outlets and individuals who report acts of corruption. The seizure of media outlets and journalists' assets is permitted in the country in the event of civil lawsuits for slander and libel. These proceedings follow the standard procedure for any lawsuit for breach of contractual obligations, so the seizure of assets can be ordered before the evidentiary phase begins. These processes are protracted, thus jeopardizing the economic sustainability of the media.
Since taking office, President José Raúl Mulino has held weekly press conferences. Despite the fluidity, there were occasions with intimidating responses from some journalists when their questions related to topics that were uncomfortable for the administration. The president of the Legislative Branch, Dana Castañeda, and the president of the Judicial Branch, María Eugenia López, signed the Chapultepec and Salta declarations during an official IAPA mission.
From July 1, 2024, until March, the government has not published information on state advertising spending. Although the media experienced a significant decrease in allocated budgets, there were no complaints about bias in their distribution.
The sentence against Twitter user Eduardo Narváez, who was sentenced to five years in prison for the crime of gender-based violence against the former Attorney General of the Nation, Kenia Porcell, due to alleged psychological injuries, remains in place. Porcell sued Narváez following January 2019 Instagram posts that featured images of a Russian model physically resembling the former attorney general. The parties may appeal to the Supreme Court of Justice (SCJ).
The SCJ's ruling in the civil case between Corporación La Prensa (Corprensa) and former President Ernesto Pérez Balladares is still pending. A court on appeal overturned the verdict favoring Corprensa in a civil suit for alleged damages of $5.5 million in 2012. The court ordered Corprensa to pay $5,000 in moral damages. The original ruling had been considered an essential precedent for applying the "actual malice" principle to exonerate the media outlet.
A nullity appeal is also pending in a case for alleged violation of image rights following the publication of a collectible album with biographical content about boxer Roberto "Mano de Piedra" Durán. La Prensa was ordered to pay US$505,000, an amount considered disproportionate, given that the project generated US$20,000 in revenue and incurred costs of US$70,000. The court's interpretation could open the door to lawsuits from public figures over the use of their images.
A journalistic investigation published by the newspaper La Prensa and replicated by numerous local media outlets revealed how a former official at the Comptroller General's Office used her position to negotiate addenda for "contractual unbalance" for the benefit of private companies, allowing her to accumulate a considerable fortune. During her tenure, she and the institution's secretary general maintained a law firm that handled these contractual unbalances, which generated conflicts of interest and ethical questions. These practices allowed for the approval of addenda worth millions of dollars, which benefited state contractors and called into question the transparency in the management of public funds. As a result, journalist Rolando Rodríguez was criminally sued by the former official, alleging "gender violence." Four complaints were filed, one for each publication, with civil claims totaling US$4 million.
Corprensa currently faces 15 civil lawsuits: seven in the first instance, totaling claims of US$4.2 million; Four rulings in their favor (in the first or second instance), seeking US$33.5 million and resulting in payments of US$817,000 in favor of the media outlet, and four rulings against them, seeking US$12 million, but ordering payment of US$566,476.
A civil lawsuit for slander and libel filed by Congressman Benicio Robinson, seeking US$1,500,000, remains active.
The director of the National Migration Authority, Roger Mojica, filed a criminal complaint against Ereida Prietto Barreiro for an investigation into gun permits issued while he was director of the Diasp. Although prosecutors initially dismissed the complaint, the official appealed.
Corprensa also faces three judicial proceedings in the cassation stage. In one of them, although the media outlet was favored in the first two instances, the claim amounts to US$25 million. A complaint filed by the Single Union of Construction Workers (SUNTRACS) against the newspaper La Estrella de Panamá and two of its journalists for alleged damage to their honor and economic security was admitted. The complaint was prompted by a publication about closing the union's bank accounts at the state-owned Caja de Ahorros bank.
Foco's digital media outlet faces two criminal cases and two civil lawsuits totaling US$746,000. In the lawsuit, former President Ricardo Martinelli filed for alleged slander and libel, a US$4,500 seizure order remains in effect.
After the general elections of May 5, 2024, the sanction imposed by the National Directorate of Electoral Organization (DNOE) of the Electoral Tribunal against Foco remains in effect as a result of a complaint filed by former President Martinelli, alleging the publication of electoral propaganda. Although the sanction remains in effect, it has not yet been executed.
Following a lawsuit filed by pro-government representative Benicio Robinson, a judicial seizure order for US$121,000 is also upheld against radio journalist Ronald Acosta.
The conviction in the New Business case regarding the acquisition of Editora Panamá América, S.A. (EPASA), the former publisher of the newspapers Panamá América, La Crítica, and Día a Día, was upheld by the Supreme Court of Justice on February 22, 2024, and became final on March 4 of the same year. In this case, Ricardo Martinelli was sentenced to 10 years and 8 months in prison and ordered to pay a US$19.2 million fine. The sentence included the forfeiture of EPASA's shares to the State. The newspapers' brands had been transferred in 2020 to another company controlled by Martinelli. Despite the conviction, the media outlets continue to operate with editorial freedom. Martinelli currently resides in Nicaragua under political asylum status after receiving the corresponding safe-conduct permit from the Panamanian government.
