Miami (April 30, 2026) – The Inter American Press Association (IAPA), together with the Committee to Protect Journalists (CPJ) and the Voces del Sur Network, a regional coalition of organizations dedicated to promoting and defending press freedom, freedom of expression, access to information, and the safety and protection of journalists, rejects the ruling issued against Fundamedios by the First Chamber of the Specialized Civil Court of the Provincial Court of Justice of Guayas, Ecuador, in a habeas data action filed by businessman Pedro Julio Bejarano Alvarado. The ruling orders Fundamedios to remove an alert on journalist safety published in 2025 on its institutional website.
This judicial decision constitutes a serious setback for freedom of expression, the defense of the right of access to information, and the public’s right to be informed about matters of clear public interest. The ruling disregards international standards on the protection of freedom of expression, the guarantees enshrined in Ecuador’s own Constitution, and Constitutional Court decisions, while setting a deeply dangerous precedent for journalists, media outlets, and human rights organizations that document attacks, litigation, and restrictions on the practice of journalism.
Fundamedios did not comply with the demand and responded through Official Letter No. 562-2025 (November 24, 2025), presenting constitutional, legal, and human rights–based arguments, including that:
(i) the alert was limited to describing verifiable facts contained in public judicial records;
(ii) the information was obtained from the public consultation system of the Council of the Judiciary (e-SATJE) and from case files without confidentiality orders, in accordance with the principles of publicity and transparency;
(iii) Fundamedios is not responsible for the processing of such data, as their administration falls under the Council of the Judiciary;
(iv) data protection regulations recognize limits to deletion when the data are necessary for the exercise of freedom of expression and the right to inform.
Subsequently, on January 14, 2026, Fundamedios was notified of a habeas data action filed by Bejarano against the organization. In his claim, he argued that Fundamedios had violated his rights to honor, reputation, and personal data protection by publishing an alert documenting the existence of judicial proceedings initiated by Bejarano himself against media outlets. The action filed against Fundamedios closely mirrored the arguments and claims previously presented by the same businessman in habeas data lawsuits against the three media outlets.
Fundamedios clarifies that its alert did not include its own accusations or impute any crimes. The organization merely documented the existence of public judicial proceedings initiated against Ecuadorian media outlets, as well as the context in which they unfolded. The information reported by Fundamedios was drawn from public court records and journalistic publications produced by third parties.
However, the Court concluded that Fundamedios “reproduced and amplified” statements made by other media and that this allegedly violated Bejarano’s honor and reputation. Under this reasoning, any organization documenting information of public interest could be held liable for content originally published by third parties.
This judicial criterion not only contradicts basic principles of subsequent liability and freedom of information but also establishes a mechanism of censorship incompatible with a democratic society.
The ruling is particularly alarming because it transforms habeas data into a tool to remove information of public interest and to target those who document the use of the judicial system against journalists and media outlets.
Furthermore, by ordering the removal of content and the cessation of the use of information related to the claimant, the ruling directly affects the legitimate work of monitoring, documentation, and advocacy carried out by civil society organizations focused on the defense of human rights, particularly freedom of expression.
This type of decision affects not only Fundamedios as an organization. Its impact extends to the entire democratic ecosystem, as it sends a dangerous message: reporting can become grounds for judicial persecution.
The IAPA joins in supporting Fundamedios in its pursuit of justice in this case at both the national and international levels and reiterates its concern over what constitutes a dangerous and alarming precedent against freedom of expression and civic space in Ecuador and across the region.
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.
