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In Peru, Courts тАШUsed Like WhipsтАЩ to Silence Journalists

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The police raided a reporterтАЩs house after he investigated an elite Catholic society. A court ordered journalistsтАЩ assets frozen following a defamation complaint from a powerful figure. A sports journalist called the head of a soccer club inept, and was sentenced to a year in prison.

And then, last week, a judge sentenced a Peruvian journalist to two years in prison and imposed a $100,000 fine following a defamation lawsuit brought by a powerful, wealthy politician.

Media experts called the decision the most direct threat to freedom of expression in Peru in years. And, they said, it was part of a worrying trend across the region тАФ but particularly strong in Peru тАФ in which powerful figures are using the courts to intimidate and punish journalists who investigate them.

тАЬIt absolutely sidesteps the fundamental principles of freedom of expression,тАЭ said Ricardo Uceda, who leads the Press and Society Institute of Peru, of the ruling.

The politician in this case, C├йsar Acu├▒a, is the subject of a book by the journalist, Christopher Acosta, called тАЬPlata Como Cancha,тАЭ meaning roughly тАЬCash by the Bucket.тАЭ

In the book, Mr. Acosta quotes multiple sources who accuse Mr. Acu├▒a, a multimillionaire who ran for president and now heads a political party, of buying votes, misusing public funds and plagiarizing. In his decision, the judge in the case, Ra├║l Jes├║s Vega, said that nearly three dozen phrases in the book were defamatory.

Rather than address the veracity of the statements, Judge Jes├║s Vega criticized the journalist for failing, in his assessment, to sufficiently back them up.

The judge also found Jer├│nimo Pimentel, the director of the bookтАЩs publishing house, guilty. And he held Mr. Pimentel and the publisher, Penguin Random House in Peru, also responsible for paying the $100,000 fine, which will go to Mr. Acu├▒a.

Mr. Acosta will not go to prison тАФ many shorter sentences are suspended in Peru тАФ and the parties are appealing the decision.

But the legal action dropped like an anvil on the news media in Peru, with many saying it is sure to have a chilling effect on future reporting.

Mr. Acosta, who will likely face a lengthy appeal process, said that he sees the lawsuit coming тАЬnot just from a desire to harass a particular journalist, but to send a message to journalists across the country.тАЭ

That message was clear, he said: тАЬLook what can happen to you if you mess with me.тАЭ

The case involving тАЬCash by the BucketтАЭ is particularly worrying, said media experts, because in their analysis, Judge Jes├║s Vega has significantly raised the bar for reporting, suggesting it is not enough to interview and quote several people with knowledge of the matter when making an allegation.

Rather, advocates say, the judgeтАЩs language in the sentencing suggests that to be fit for publication, information must have been vetted by an authority, such as a congressional investigation.

But a journalist should not be convicted of defamation if evidence shows that he or she has done due diligence to verify published allegations, said Miguel Jugo, a lawyer for PeruтАЩs national journalism association.

Unlike in the United States and Mexico, where defamation is typically a civil matter, in Peru it is a criminal offense, defined as the act of publicly attributing to another person тАЬa fact, a quality or a conduct that could harm his honor or reputation.тАЭ

In the тАЬCash by the BucketтАЭ case, said Mr. Jugo, the judge is claiming that Mr. Acosta did not do this due diligence тАФ something that Mr. Acosta and many of his allies dispute.

Mr. Acosta is the head of investigations at Latina Noticias, an important television channel in Lima. All of the allegations in his book, he told the Committee to Protect Journalists, are direct quotes that came from interviews, or from news articles, attorney generalтАЩs investigations, or legal and congressional testimony.

Other nations in the region have similar laws, said Natalie Southwick at the Committee to Protect Journalists. But, she said, Peru has тАЬseen the most consistent convictions in criminal defamation cases.тАЭ

According to PeruтАЩs national journalism association, instances in which the judicial system was used against reporters rose to 29 a year from 18 a year between 2020 and 2018.

These defamation suits come after years of economic growth in Peru that expanded public coffers тАФ and created new opportunities for self-dealing among the ruling class.

In recent years, corruption scandals involving former presidents, judges and lawmakers have fueled a political free-for-all, with clashes between Congress and the executive branch and mass protests leading the country to cycle through four presidents in the past year.

Journalists have uncovered much of the wrongdoing.

But powerful figures have pushed back, often using the judicial system, and in many cases succeeding.

тАЬThe courts and the prosecutorтАЩs office are being used like whips to silence journalists,тАЭ said Paola Ugaz, an investigative journalist who has faced repeated lawsuits and a criminal inquiry after revealing allegations of sexual and physical abuse in an elite Catholic society in Peru.

тАЬTell me, what publishing house now is going to want to publish a book knowing they could suddenly be forced to pay 400,000 soles, with a conviction for the editor?тАЭ she said.

A book Ms. Ugaz is working on about the groupтАЩs finances has been delayed by two years because she has had to focus on her legal defense, she said.

Her reporting partner, Pedro Salinas, received a one-year suspended prison sentence in 2019, following a lawsuit brought by an archbishop. The archbishop eventually retracted the suit, and a similar suit against Ms. Ugaz.

But earlier this month, authorities raided Mr. SalinasтАЩ home, saying they suspect him of corruption in relation to a job his public relations company did years ago.

тАЬThe emotional, familial and psychological damage is great,тАЭ said Ms. Ugaz of the legal cases.

Mr. Acu├▒a, 69, the magnate who brought the suit against Mr. Acosta, became mayor of the city of Trujillo just as Mr. Acosta, now 38, was beginning his career as an investigative reporter in the same city.

Over the years, Mr. Acu├▒a made his wealth as the owner of for-profit universities and served as a congressman and a governor.

Mr. Acu├▒a went on to run for president in 2016 and 2021. He was barred from the election in first run after he was caught on camera promising to distribute cash in a poor neighborhood.

By then he had already fallen in the polls, after local media reported that he was suspected of plagiarizing parts of his doctoral thesis, and a book written by a former professor.

The countryтАЩs intellectual property protection department eventually found that Mr. Acu├▒a had violated copyright rules in both cases, and ordered him to pay fines. But the Universidad Complutense de Madrid, which had published the thesis, decided after an investigation that it had not found sufficient cause to retract it.

Despite his decline in popularity, Mr. Acu├▒aтАЩs party has increased its presence in Congress. Last year, it helped impeach former president Mart├нn Vizcarra, and it is seen as crucial to the political survival of the current president, Pedro Castillo.

Mr. Acu├▒a denied the charges in the book, and said that media advocates were тАЬexaggeratingтАЭ the possible impact of his lawsuit.

тАЬI say to my journalist friends: DonтАЩt be afraid,тАЭ he said, тАЬas long as you stick to your code, your journalistic code.тАЭ

That journalistic code, in his view, includes a responsibility to тАЬunite Peruvians, not divide them, like is happening now.тАЭ

Ms. Southwick, the media advocate, pointed to instances in Guatemala and Brazil where powerful people have used the courts to sue journalists, and said the case тАЬreflects a longstanding sentiment among powerful individuals in various countries across the region that they are above scrutiny.тАЭ

But, she said, тАЬpart of being a public official is being willing to be held to account.тАЭ

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