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None of Colombia’s defamation, sedition, advertisement, and intellectual property laws under study conform to the Social Responsibility media system, and each is used to limit it.
Defamation
Articles 220-222 of Law 599 of the Colombian Penal Code provide for responsibility for defamation. However, the law does not precisely define defamation or what kinds of statements are permissible (CJP, 2016). In addition, the case of Luis González shows that the law does not permit commentary condemning the actions of any person, although the case of Claudia López demonstrates permission (CJP, 2016). The representational picture of the various groups is not specified, and any comment could be an insult (CJP, 2016). The dissemination of bad news does not fall under any provision of the law of sections 220-222, so the nature of the law cannot be accurately ascertained. Finally, the law prevents discussion: offensive language carries a slight increase of up to 50% (CJP, 2016). The case of Esperanza Castro confirms that users on social media should not discuss and criticize public figures.
Sedition
Article 378 of Law 599 of the Colombian Penal Code defines the concept of sedition but does not consider it outside the context of state power and does not provide facts limiting the concept of sedition (Codigo penal, 2000). Not only are the available forms of discussion and exchange not reported, but criticism of the state is prohibited (Flórez et al., 2022). The article only grants the interests of the dominant group, the government, while other social parameters are not taken into account and are used to pressure cases (Peterson et al., 1984). The law also wholly prevents the dissemination of bad news: the case of the construction of the environmentally damaging oil pipeline became part of the criminal prosecution. News portals are subject to government inspections, and many journalists are prosecuted because the law prevents conviction.
Consumer Protection
Article 30 of the Colombian Consumer Statute (Law 1480 of 2011) is the primary document regulating consumer protection from fraud and harmful advertising. The law does not have any clear definitions of what advertising is misleading; therefore, it cannot be said that both consumers and the media will be protected (ClarkeModet, 2018). Any particular political or ideological themes are not explicitly prohibited and, in theory, can be present in advertising. However, defamation laws do not allow this right to be exercised. The right to safe and fair advertising is granted to all consumers, regardless of their social characteristics. Just as the law does not regulate specific prohibited elements in advertising, one cannot judge the freedom to interpret the law (Peterson et al., 1984). Finally, the law does not contain definitions in that it is possible to condemn the actions of other advertising or consumers.
Copyright
Article 270 makes the use of copyright marks and the violation of the author’s moral right liable, implying severe penalties (Cecolda, n.d.). The law clearly and fully defines that the category of infringement includes the use of the author’s publications (published or not) without documented consent. The law obliges authors to use trademarks, indicating that the work belongs to one person or another; however, what is prohibited from taxing the copyright – is not specified (Peterson et al., 1984). There is also no precise information that the law allows the use of ideological or political marks for copyright works. The law probably also does not prevent the dissemination of bad news in terms of morality, but the state apparatus can ban objects of art by personal order. The law does not prohibit publications critical of the government, but other laws may be obstacles.
References
Cecolda. (n.d.). Código Penal Capitulo VIII de los Delitos contra los derechos de autor. CECOLDA. Web.
ClarkeModet. (2018). Protecting consumers from misleading advertising in Colombia. ClarkeModet. Web.
Codigo penal (Ley N° 599 de 24 de Junio de 2000). (2000). Web.
Criminal defamation laws in South America. Committee to Protect Journalists. (2016). Web.
Flórez, M. C. C., Parada, A. F. M., & Hoyos, J. F. S. (2022). Punishment and pardon: The use of international humanitarian law by the Special Jurisdiction for Peace in Colombia. International Review of the Red Cross, 1-23.
Peterson, T., Siebert, F. S., & Schramm, W. (1984). The social responsibility theory of the press. In Four theories of the press: The authoritarian, libertarian, social responsibility, and soviet communist concepts of what the press should be and do (pp. 73–104). University of Illinois Press.
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