Citizen Groups Organize to End "Soft Censorship," Guarantee Freedom of Expression

This article examines "soft censorship" of Latin American media, and presents evidence indicating that citizens are beginning to speak out about these more subtle methods of interfering with press freedom.

According to author Martha Farmelo, governments across the region are using taxpayer funds and public power to: use government advertising budgets to punish and reward media outlets, pay journalists for favourable coverage, use regulations and licensing to favour or suppress certain voices, selectively deny access to newsprint or printing facilities, deny access to sources and information in retaliation for critical coverage, and/or use financial, tax, labour, and other laws to harass selected media. "Such tactics end up greatly limiting the information and opinions that citizens count on to consider, opine about, and effectively participate in local and national affairs."

Farmelo argues that Latin American citizens' groups are increasingly identifying and publicising abuses and demanding that governments refrain from indirect censorship. Groups ranging from journalists' associations to civil rights organisations are presenting freedom of information requests in order to gain access to government data on advertising spending, and then using that information to denounce abuses. They are also demanding the required legal reforms, making legislative proposals, engaging lawmakers and other government officials, and taking action in the courts in support of media outlets that have sued the government.

As detailed here, there are several challenges associated with this work, including the fact that many media are reluctant to risk the anger of public officials and the loss of their own government advertising contracts or inside sources of information. However, several tactics and strategies to eliminate soft censorship have proven successful, according to Farmelo. For instance, she discusses the publication of "The Price of Silence: The Growing Threat of Soft Censorship in Latin America". In August 2008, the Buenos Aires, Argentina-based Asociación por los Derechos Civiles (Association for Civil Rights, ADC) and the New York, United States-based Open Society Justice Initiative (OSJI) published the results of the research along with a coalition of journalists, activists, and non-governmental organisations (NGOs) to document soft censorship practices in 7 Latin American countries. A coordinated media strategy to publicise the findings ensured coverage of the regional report throughout the Americas. The Consejo Nacional Anticorrupción in Honduras also published a national study and held events to present both the national and regional reports in Tegucigalpa and San Pedro Sula.

Another example: In 2005, the ADC and OSJI published "Buying the News: A Report on Financial and Indirect Censorship in Argentina", and in 2006 ADC followed up with "Basic Principles for the Regulation of Government Advertising," to promote a series of principles any legislative proposal should respect. To increase participation in the issue, the ADC held meetings with lawyers, journalists, and others to seek feedback on the draft principles. Several workshops were covered in the press, raising the visibility of the issue. At a public event in Buenos Aires, journalists who had travelled from different provinces expressed their support for the principles and shared experiences with indirect censorship. The principles have been used by activists in Chile and Uruguay, and workshops will soon be held in several countries to request regional-level input.

Litigation against government denial of information requests has brought additional attention to the issue of indirect censorship and transparency in government, Farmelo suggests. In addition, civil society groups have gone beyond denouncing problems to propose legislative reform, and have provided their expertise to lawmakers and other public officials for drafting new laws requiring transparency and prohibiting soft censorship practices on the local, state, and federal levels. Citizens have called on public officials to pass specific laws addressing the government advertising, and, in the case of Peru, to regulate and correctly implement the existing law. Citizens have also urged passing of specific legislation to make the process of broadcast licensing fairer and less discretionary, and, in particular, to support the allocation of licenses to community and other non-profit media.

Communication-related efforts to call for transparency that Farmelo cites here include pacts to call for transparency in Colombia that have been used to secure specific commitments on government advertising practices and involve citizens in monitoring official compliance. Citizens have also demanded that public officials publish timely, easy-to-understand information regarding contracting practices and public funds spent on government advertising, including amounts spent broken down by campaign, media outlets, etc.

As some of the examples highlighted above suggest, collaborative efforts have, from Farmelo's perspective, shown promise. The formation of coalitions of national and local journalists' associations and cooperatives, civil rights organisations, and groups involved in combating official corruption and promoting government transparency has given greater political leverage and public attention to the effort to end soft censorship. Furthermore, she argues that "[i]nternational networking is both possible and necessary, to share expertise, methodologies, and lessons learned....Methodologies for documentation and experience analyzing legislative proposals can be shared across borders, as can experience in using legal remedies." Farmelo explores several possibilities for linking efforts, such as by inviting key actors to share their experiences in public events in other countries. She also directs activists to this clearinghouse developed by the ADC and OSJI to centralise information, analysis, and expertise on the effects of indirect censorship and the movement in the Americas to eradicate these practices.