judicial

Ruling against paper criticized

The Consejo Nacional de Periodismo and the Colegio Nacional de Periodistas have criticized a judge's decision to freeze the assets of a weekly publication that is the subject of a defamation lawsuit.

An 11th Circuit Civil Court judge ordered the freezing of assets belonging to El Periódico after a complaint was brought against the publication by businessman Herman Bern.

Bern sued the newspaper after it published his tax records in an article.

Fernando Correa, president of the Consejo Nacional de Periodismo, said that the court's decision took the organization by surprise, especially in light of the 2007 amendments to the penal code which sought to protect publications.

Colegio Nacional de Periodistas Chairman Jean Marcel Chéry said that the judicial measure represents a serious threat to the country's journalists because it sets a dangerous precedent.

“This can become a weapon of revenge and reprisal,” Chéry said. “Imagine, the continuity of a publication is now in the hands of a judge.”

Bern’s attorneys argued that El Periódico violated an article of the fiscal code that prohibits the disclosure of tax information except under special circumstances.

As part of the lawsuit, Bern’s attorneys successfully argued that the newspaper’s assets should be frozen until the case is resolved. Bern posted a $250,000 bond in order for the court to take that action.