30 September 2011

Alert

"El Universo" threatened with two more lawsuits


Incident details

Legal action

El Universo, Newspaper

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(Fundamedios/IFEX) - The "El Universo" newspaper could face two more lawsuits as "contributing author". On 24 September 2011, President Rafael Correa announced during his "239 Enlace Ciudadano" program, broadcast from the US, that the newspaper may face a new lawsuit for having published a letter written by Cynthia Viteri, a member of parliament for the movement Madera de Guerrero, in response to some statements uttered by Correa against her mother, Judge María Leonor Jiménez, during a previous program.

According to the chief of state, the newspaper's owners should not have permitted the publication of the letter in the paper's 12 September issue because, it allegedly "contained insults". Correa suggested that they could be brought to trial again "for allowing insults and statements damaging to one's honour." "Messrs Pérez, stop being so childish, learn from what happened to you. You can be sued again as contributing figures for that kind of publication. You should be ethical and professional," the president said.

Concerning another possible lawsuit, on 23 September, César Pérez, assistant director of "El Universo", confirmed that the paper is facing a demand from the district attorney requesting that it disclose the name of the author of a piece which included statements by Ernesto Rey Cantor, former ad hoc judge of the Inter-American Court on Human Rights. The article referred to a lawsuit for slander filed by the president of the National Financial Corporation, Camilo Samán, in 2009, against the newspaper's former opinion editor, Emilio Palacio.

On 15 August, "El Universo" published an interview with Cantor entitled: "Correa is behind the policy against the media". In it, Cantor explained, among other things, that the three-year prison sentence and US$10 thousand fine against Palacio "was a judicial monstrosity."

Pérez stated during an interview for a Guayaquil radio station, that even though the district attorney's request "is not a lawsuit," not only is there a request for the name of person who wrote the piece, but also the assertion that "the editor, director, senior management, general manager would have contributed to committing a crime of hatred and slander".

Meanwhile, lawyer Joffre Campaña, counsel for "El Universo" and its directors, called the district attorney's request a new attack on freedom of expression.

Campaña explained that a previous exhibition is a motion requested by the prosecutor when dealing with violations related to publishing. It is worth noting that a court has ratified in the second instance the sentence issued by a temporary judge, who called for a three-year prison sentence for Palacio, and "El Universo"'s directors, Carlos, César and Nicolás Pérez, as well as the payment of US$40 million in the defamation lawsuit filed by President Correa.

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More on this case

National Court of Justice ratifies three-year prison sentence against Emilio Palacio 5 January 2012 Former columnist faces second lawsuit for slander 19 October 2011 Tribunal upholds sentencing of newspaper, its directors and former feature writer on defamation charge 22 September 2011 President's attorney asks public prosecutor to initiate additional legal action against "El Universo" newspaper 8 September 2011 Faced with ongoing legal action, journalist decides to leave the country 30 August 2011 Defence lawyers question judge's independence in case against newspaper; opinion editor faces new lawsuit 25 August 2011 Cyber activists hack municipality's webpage in protest against government's attacks on free expression 11 August 2011 Newspaper directors, writer sentenced to three years in prison, US$40 million fine 21 July 2011 Columnist resigns in attempt to stop president's lawsuit against paper 12 July 2011 President requests more than 150 reports about directors and feature writer in connection with lawsuit against newspaper 24 June 2011 President demands US$80 million in case against newspaper, directors and feature writer 1 April 2011

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At this point, would publish: "Home page"
At this point, would publish: "IFEX members urge President to withdraw US$80 million lawsuit against paper"
At this point, would publish: "Government media outlets attempt to link founder and owner of newspaper to corrupt businesses"
At this point, would publish: "President requests more than 150 reports about directors and feature writer in connection with lawsuit against newspaper"
At this point, would publish: "Columnist resigns in attempt to stop president's lawsuit against paper"
At this point, would publish: "Newspaper directors, writer sentenced to three years in prison, US$40 million fine"
At this point, would publish: "Cyber activists hack municipality's webpage in protest against government's attacks on free expression"
At this point, would publish: "Defence lawyers question judge's independence in case against newspaper; opinion editor faces new lawsuit"
At this point, would publish: "Faced with ongoing legal action, journalist decides to leave the country"
At this point, would publish: "President's attorney asks public prosecutor to initiate additional legal action against "El Universo" newspaper"
At this point, would publish: "Tribunal upholds sentencing of newspaper, its directors and former feature writer on defamation charge"
At this point, would publish: "Former columnist faces second lawsuit for slander"
At this point, would publish: "Se denuncia que sentencia contra diario fue elaborada por abogados del presidente de la república"
At this point, would publish: "National Court of Justice ratifies three-year prison sentence against Emilio Palacio"
At this point, would publish: "President demands US$80 million in case against newspaper, directors and feature writer"
 
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