in 1851 and 1961.97 The reform decriminalized the offense of criminal libel and established advanced criteria for the resolution of civil cases in accordance with the highest principles of international law on the subject.98 That same year, the National Assembly of Ecuador passed the new Comprehensive Organic Criminal Code99 that repealed the criminal defamation offense known as desacato,100 and decriminalized the offense of defamatory libel [injuria no calumniosa]. 76. For its part, Argentina decriminalized the criticism of matters of public interest in a criminal reform adopted in November 2009101 to comply with the judgment of the Inter-American Court in the Case of Kimel v. Argentina. This reform eliminated penalties for the dissemination of opinions or information about public servants or matters of public interest. The legislative reform contains some important points: i) it eliminates the penalty of imprisonment for the commission of criminal defamation offenses [injuria and calumnia], replacing it with a monetary fine; ii) it establishes that speech “referring to matters of public interest or matters that are not affirmative” will in no case be considered criminal defamation; iii) provides that “speech that harms another person’s honor” will not be considered criminal defamation “when it relates to a matter of public interest”; and iv) it establishes that a person who, by any means, publishes or reproduces defamatory statements made by another cannot be penalized as the author of the defamatory statements, unless the content was not accurately attributed to the pertinent source. 77. In 2009, Uruguay introduced amendments to its Criminal Code to eliminate criminal penalties for the dissemination of opinions or information about public servants or matters of public interest. Although it is not a comprehensive reform, the provision enacted contains several important points: i) it exempts from liability persons who express any type of statement about matters of public interest, whether referring to public servants and persons who, because of their profession or occupation, have significant social exposure, or to any person who has voluntarily been involved in matters of public interest; ii) it protects accurate reporting by eliminating penalties against persons who make any type of statement on matters of public interest, when the author of those statements is identified; iii) it eliminates penalties against any person who makes or disseminates any type of humorous or artistic statement on matters of public interest; iv) it provides expressly that the provisions enshrined in the American Convention “are governing principles for the interpretation, application, and articulation of civil, procedural, and criminal provisions on expression, opinion, and dissemination, related to communication and information.” In this regard, it found that “the criteria contained in the judgments and advisory opinions of the Inter-American Court of Human Rights and in the decisions and reports of the Inter-American Commission on Human Rights will be taken into particular account.” 102 78. The IACHR has highlighted these reforms as evidence of regional progress.103 Vague, ambiguous, overly broad, or open provisions, by their mere existence, discourage the dissemination of information and 97 Act. 1851. Ministry of Justice. The Defamation Act. Law 33 of 1961. Act 47 of 1963; Ministry of Justice of Jamaica. The Libel and Slander 98 Houses of Parliament. Defamation Act, 2013 Act No. 31. See also, Jamaica Information Service. November 5, 2013. Defamation Act Passed in the House of Representatives; IFEX/IPI. November 6, 2013. Jamaica decriminalises defamation; Jamaica Observer. November 6, 2013. House passes Defamation Act; Committee to Protect Journalists (CPJ). November 7, 2013. CPJ hails elimination of criminal defamation in Jamaica. 99 El Ciudadano. December 17, 2013. El nuevo Código Penal mejorará la seguridad ciudadana; El Ciudadano. December 19, 2013. El Ejecutivo analizará minuciosamente el proyecto de Código Integral Penal (AUDIO). 100 The criminal content of articles 230, 231, and 232 of the Criminal Code currently in force are not taken up again in Books I and II of the Comprehensive Organic Criminal Code enacted. 101 Argentina. Criminal Code. Law 26.551. Available at: http://www.infoleg.gov.ar/infolegInternet/anexos/1500019999/16546/texact.htm#16 102 Uruguay. Law No. 18.515. Available at: http://www.parlamento.gub.uy/leyes/AccesoTextoLey.asp?Ley=18515&Anchor 103IACHR. 2007 Annual Report. Report of the Office of the Special Rapporteur for Freedom of Expression. Chapter II (Situation of Freedom of Expression in the Region). OEA/Ser.L/V/II.131 Doc. 34 rev. 1. March 8, 2008, p. 109; IACHR. 2009 Annual Report. Report of the Office of the Special Rapporteur for Freedom of Expression. Chapter II (Evaluation of the State of Freedom of Expression in the Hemisphere). OEA/Ser.L/V/II. Doc. 51. December 30, 2009. Para. 8; IACHR. 2009 Annual Report. Report of the Office of the Special [continues …]