The Inter-American Court of Human Rights is hearing Emilio Palacio Urrutia and Others v The Republic of Ecuador.

The case concerns the lawfulness of criminal defamation statutes as applied to El Universo, one of Ecuador’s most well-established and widely circulated newspapers, its columnist, and its three directors.

The IBA High Level Panel of Legal Experts on Media Freedom is acting as amicus curiae to the Inter-American Court in this case. It is represented by members of the panel, Dario Milo and Can Yeginsu.

Submitted

A copy of the High Level Panel’s amicus curiae petition, submitted to the court on 3 June, is available here.

Former President of the UK Supreme Court (2012-2017), the Rt Hon Lord Neuberger of Abbotsbury, stated: “The amicus curiae brief submitted by the High Level Panel to the Inter-American Court in the El Universo case makes a strong and impressively well-argued case against the criminalisation of defamation as it stands, both in Ecuador and across the Organisation of American States.

“We hope the analysis and submissions provided by the panel will assist the court in its deliberations in this important case."

Public-interest reporting

Deputy chair of the High Level Panel and barrister, Amal Clooney commented: “This case involved public-interest reporting on alleged criminal conduct by the former President of Ecuador, and yet resulted in the imposition of a staggering three-year prison term and $30 million penalty against the journalists involved.

“The amicus brief submitted by the panel demonstrates that criminal penalties for defamation are not appropriate under international law, and I hope that the Inter-American Court will reach the same conclusion when considering this case.”

Going for the jugular

Professor Dario Milo, a member of the High Level Panel added: “The conviction and sentence of imprisonment of Emilio Palacio Urrutia, Carlos Pérez, César Pérez and Nicolás Pérez for supposed defamation, in the form of an opinion piece, strikes at the jugular vein of the right to freedom of expression and the media.

“The Inter-American Court now has an opportunity to rule, not only in this case but to develop its important jurisprudence in the area of criminal defamation and media freedom. 

“We are hopeful that our submissions will assist the court in this critical case – its decision will have profound implications for the decriminalisation of defamation around the world.”