40
134. The Court views favorably the fact that, among other modifications, the
promulgation of the new Penal Code eliminated certain procedural privileges hitherto
enjoyed by public officials118 and established that no criminal punishment may be
imposed in those cases where a public official considers his or her honor has been
attained; such officer shall resort to the civil jurisdiction to determine the possible
subsequent liability in the event of abuse in the exercise of freedom of expression.119
VIII
ARTICLE 9 (FREEDOM FROM EX POST FACTO LAWS) 120 IN RELATION TO ARTICLE 1(1)
(OBLIGATION TO RESPECT RIGHTS) OF THE AMERICAN CONVENTION
135. The Commission did not file allegations that Article 9 of the Convention had
been violated.
Anyone attained by inaccurate or offensive information disclosed through any of the media addressing the
general public has the right to effect, through the same means of communication, his reply, correction or
answer, under the conditions herein established. The reply, correction or answer must occupy the same
space as the aggravating piece of news or reference, and may be reasonably greater according to the
special circumstances of each case, depending on the availabilities in that one of the media concerned.
The media must reserve a permanent space or section to publish or disseminate the replies, corrections,
answers, clarifications and comments by readers or by any other person affected by the piece of news.
The publication or broadcasting of the reply, correction or answer must be made within the forty-eight
hours following receipt thereof, through that of the media used to disseminate the information or
reference in question. An additional term of twenty-four hours will be allowed when the media concerned
prove that it has been impossible for them to comply with the initial term due to reasons beyond their
control […].
118
Cf. Penal Code, Law No. 18, dated September 22, 1982, supra note 49, folio 2949. In its
Section 180 of the 1982 Penal Code provided:
To prosecute crimes against honor, it is necessary for the offended party to press charges
individually, filing them together with the summary evidence supporting the report of the facts. In
the cases of individual accusations filed by the President of the Republic, the Vice Presidents, the
Cabinet Ministers, the Directors of Decentralized Agencies, Legislators, Justices of the Supreme Court
and Members of the Electoral Tribunal, the National Attorney General, the Solicitor for the
Administration, the Comptroller General of the Republic, the Deputy Comptroller General of the
Republic, the Commander in Chief of the Defense Forces, the Staff Officers with the Defense Forces
and the Ambassadors accredited in Panamá, a written communication that the offended party will
appear before the investigating authority will be sufficient.
119
Cf. Penal Code, Law No 14, of May 18, 2007, (Case File of Appendixes to the Motions,
Pleadings and Evidence Brief, Book I, Appendix 12, folio 2479). In its Section 180 of the 2007 Penal
Code provides:
Where crimes against honor are concerned, a public recantation, to which the offended party consents,
excludes criminal liability. When the parties allegedly offended by a behavior such as the ones described
en the foregoing Section be one of the public officials listed in Section 204 of the Political Constitution, an
official elected by the people, or a governor, no criminal punishment shall be imposed, something which
does not exclude the civil liability which may derive from the act.
120
Article 9 of the Convention states that:
No one shall be convicted of any act or omission that did not constitute a criminal offense, under the
applicable law, at the time it was committed. A heavier penalty shall not be imposed than the one
that was applicable at the time the criminal offense was committed. If subsequent to the commission
of the offense the law provides for the imposition of a lighter punishment, the guilty person shall
benefit therefrom.