Tegucigalpa, Honduras (Conexihon). – At least two social communicators were accused of insults and slander against a doctor in the city of Tela, in the department of Atlántida, about 300 kilometers north of the Honduran capital.
The journalists, Andrés Angelino Matute Amaya (67), who works in the digital medium Tela News and through its social media platforms, and Ricardo Patiño, director of “RPNOTICASHN” were sued, separately, for opening their spaces for complaints for Verbal and physical aggression, allegedly committed by the orthopedic doctor, Edwin Alfonso Osorio Banegas, against another doctor and local taxi drivers.
In support of the complaint, the public official questions the publication made by Matute Amaya on December 7, 2022 and disqualifies her for reporting the complaint through social networks.
On account of this, he maintains that he has been caused property damage in the amount of L.710,738.35, an amount that he demands be paid by the communicator for the alleged impact on his image, which, he maintains, is the payment for medical consultations that he failed to receive in the private sphere.
Also former Radio América correspondent in Tela, Matute Amaya, was summoned in May of this year for disseminating information against the orthopedic doctor, Edwin Alfonso Osorio Banegas, when last April 2023, he and other social communicators from that Honduran area , they announced an alleged attack by the doctor against another doctor at the Tela Integrated Hospital.
However, according to the Committee for Free Expression, this is the second legal action committed against a journalist, by the same doctor also demanding the same amount of loss, the first of which was dismissed.
The legal advice and support that he gave began last January 2024, when the communications professional contacted C-Libre, to make it known that a process had been initiated against him in a Sentencing Court, after having broadcast in one of its news installments on social networks and local channel 24, about an incident at the Tela Integrated Hospital, detailing that doctor Edwin Osorio allegedly verbally and physically attacked the deputy director of that healthcare center, Dr. Melvin Calix.
However, with the support of lawyer Roger Ordoñez, Coordinator of the legal area of C-Libre, it was possible to demonstrate before the corresponding justice authorities that the accounting expert who established the amount demanded in the complaint against Ricardo Patiño did not follow the defined processes. to specify economic damage and that they had no relation to the news disseminated by the communicator and other workers of the national press.
Accusations of this type against journalists are usually considered to be a triple effect on freedom of expression, since: They violate the right of victims to express and disseminate their ideas, opinions and information; They generate a intimidating and silencing effect on their peers and violate the rights of people and societies to seek and receive information and ideas of any kind.
Furthermore, the lack of due diligence in the investigation, prosecution and punishment of all those responsible can generate an additional violation of the rights to access to justice and judicial guarantees.
With the support of the Committee for Free Expression (C-Libre), an acquittal was achieved in favor of journalist Ricardo Patiño, since the complaints filed with the police authorities against the doctor Edwin Osorio for threats and violence were proven, establishing a antecedent.
Although the deputy director of the Tela Integrated hospital, Dr. Melvin Calix, and the orthopedic doctor, Edwin Osorio, did attend a hearing held in the Court of Letters of Tela, where they achieved a conciliation for this fact before their defenders, since Calix, He stated that Osorio unintentionally injured him with a ring that had a pair of prongs.
Patiño also let it be known in this regard that this is not the first time in which he has been attacked as a result of his journalistic work and pointed out that “One is persecuted for reporting on events not only here in Tela, but also At the national level, eight years ago I was politically persecuted because we made known the acts of corruption that the mayor carried out at that time and that we presented the appropriate non-circumstantial evidence before the Public Ministry and the Technical Criminal Investigation Agency.”
In May 2017, Patiño also reported to C-Libre that he had received threats from a Facebook social network profile and assault by a councilor from the municipality of Tela, as well; It was documented that the journalist was removed from a session of the municipal corporation of Tela, in March 2020, also by order of a councilor, according to the social communicator, this action was due to the discomfort he generated with the series of investigations where he exposed irregularities. in municipal management between 2014 and 2018.
He did not reconcile at his first hearing
Despite having been defeated in his first accusation, doctor Edwin Osorio refused to reconcile again with the second accused journalist and his defense maintains that they will establish the condition of guilt against Matute.
For Matute, his job as a journalist is to show what is happening in the community, so the actions that the doctor has been committing for more than five years should not go unpunished, since the residents of Tela have filed complaints in the Police Investigation Directorate (DPI), and the Public Ministry (MP), for alleged attacks by the doctor towards them.
The most recent public complaint against the doctor was made by the Garifuna leader, Miriam Miranda, coordinator of the Black Fraternal Organization of Honduras (OFRANEH), when they attacked land defender Tomás Harry in Tela, Atlántida
Training for journalists
Given the increase in this type of attacks committed by public officials against journalists, the Committee held a workshop in March 2024 to strengthen the protection of journalists and communicators against these types of accusations.
C-Libre observes with concern the abuse of the use of justice to intimidate journalists for their work in supervising the public service. It also reminds the complainant that in Honduras tuition is not mandatory to practice journalism since freedom of expression is a human right protected by the Constitution and international jurisprudence.
In her report, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Irene Khan, urged the State of Honduras to decriminalize insults and slander, which are crimes classified in articles 229 to 231 of the Code. Criminal (Decree No. 130-2017) generically called “crimes against honor”.
“Honduras should examine and revise article 573 of the Penal Code (Decree No. 130-2017), on the dissemination of “false news or rumors,” and article 28, which extends criminal liability for crimes committed through the media. dissemination to editors and communication companies, preventing the use of diffuse and ambiguous concepts from generating legal uncertainty and giving rise to restrictions on freedom of expression that are not in line with international law,” he indicated.
