Supreme Court Justice of Panama, Olmedo Arrocha. Photo courtesy of La Prensa.
Miami (August 1, 2025) — The Inter American Press Association (IAPA) welcomes the recent ruling by Panama's Supreme Court of Justice, which definitively dismissed a civil lawsuit against the newspaper La Prensa. The IAPA sees this as a landmark precedent in defending freedom of expression and citizens’ right to be informed.
The ruling, issued by the First Civil Chamber and written by Justice Olmedo Arrocha Osorio on March 26, 2025, but made public on Thursday, put an end to a case filed in 2005 by former senior prosecutor Argentina Barrera. She sued La Prensa over an article based on an official statement from the Attorney General’s Office reporting her dismissal, La Prensa reported.
Barrera sought one million dollars in damages, arguing that the article’s headline — “Senior Prosecutor Barrera Dismissed Attorney General’s Office Hunting Corrupt Officials” — indirectly linked her to corruption. The Court, however, concluded that the report contained no falsehoods and met the journalistic standards required.
"The plaintiff has not demonstrated that the facts presented [...] are false [...]. Given that, the publication cannot be considered unlawful, as it has not been proven that the defendant acted outside the standards required in such cases," the ruling stated.
The decision also warned of the chilling effect of disproportionate lawsuits against the press: “Claims that only aim to fulfill the plaintiffs’ dreams of fortune, excessively inflating the compensation amounts in order to silence those exercising their right to express themselves, cannot prevail.”
A key aspect of this ruling is its extensive development — for the first time in Panama — of the "actual malice" doctrine established by the U.S. Supreme Court in New York Times v. Sullivan (1964). Under this standard, civil liability for statements about public figures requires proof they were made with knowledge of their falsity or with reckless disregard for the truth.
The Panamanian Court ruled that the burden of proof lay with the plaintiff and that there was no evidence of actual malice — or even negligence. Although the Court mistakenly claimed that the Inter-American Court does not require this standard (which it has applied, for instance in Moya Chacón v. Costa Rica, 2022), it did cite case law from Argentina, Colombia, and Mexico supporting its use.
José Roberto Dutriz, IAPA President, stated: “This ruling is a victory for press freedom in Panama and sets a precedent that strengthens the essential role of journalism in holding power to account. We commend the Supreme Court for upholding the principle that public interest must prevail over attempts to silence the media through abusive litigation,” said Dutriz, CEO and General director of La Prensa Gráfica in El Salvador.
Martha Ramos, Chair of the IAPA’s Committee on Freedom of the Press and Information and Editorial Director of the Mexican Editorial Organization (OEM), added: “The ruling reaffirms that journalists cannot be punished for investigating and reporting on matters involving public figures. It also sends a clear message against the abusive judicialization of journalism.”
This ruling comes at a time when La Prensa is facing 11 civil and 11 criminal lawsuits filed by former officials, government contractors, and public figures — including former president Ernesto Pérez Balladares and congressman Benicio Robinson — for amounts exceeding US$20 million.
The IAPA has warned that Panama’s legal framework allows plaintiffs to request asset freezes during proceedings, placing a heavy financial burden on media even before judgment is rendered, thus facilitating the misuse of justice as a censorship tool.
The nearly 20-year duration of the case as a form of punishment, said La Prensa. The decision comes months after the heads of Panama’s three branches of government signed the Chapultepec and Salta II Declarations, reaffirming their commitment to press freedom as a cornerstone of democracy.
The IAPA is a non-profit organization dedicated to defending and promoting freedom of the press and expression in the Americas. It comprises more than 1,300 publications from the western hemisphere and is based in Miami, Florida, United States.