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El Salvador threatens prison for media sharing gang messages

SAN SALVADOR, EL SALVADOR  (AP) – El Salvador’s congress, pushing further in the government’s dramatic crackdown on gangs, has authorised prison sentences of 10 to 15 years for news media that reproduce or disseminate messages from the gangs, alarming press freedom groups.

The vote on Tuesday was the latest in a flurry of legislative action against the gangs after 62 suspected gang killings on March 26 led President Nayib Bukele to get congressional approval for a state of emergency. Harsh measures against imprisoned gang members and increased prison sentences followed, as well as the arrests of some 6,000 suspected gang members.

But the newest law expands Bukele’s offensive to the press, another of his frequent targets.

“We consider these reforms to be a clear attempt at censorship of media,” the El Salvador Journalists Association said in a statement on Wednesday. “Prohibiting journalism from reporting the reality in which thousands of people inhabiting these gang-controlled communities live… will create an illusion that is not faithful to the truth.”

The Inter American Press Association (IAPA) said the new law was equivalent to “criminalising the work of the media and journalists”.

IAPA President Jorge Canahuati called it “a legal gag, a direct and prior censorship of the media that will have profound consequences for Salvadoran society”.

A soldier searches the backpack of a local at the San Jose del Pino Community in El Salvador. PHOTO: AP

“A country cannot block violence by censoring public opinion, since it is precisely in public debate that societies find the solutions to their problems,” Canahuati wrote.

The reforms passed with affirmative votes from 63 of the 84 lawmakers and went into effect when published on Tuesday night in the official gazette.

The law says that “radio, television, written or digital media” would face 10 to 15 years in prison for “the reproduction or transmission to the general population of messages or statements originating or presumably originating from said criminal groups, that could generate anxiety and panic in the population”.

The measure also establishes prison sentences of 10 to 15 years for painting the sort of graffiti commonly used to mark gang territory in neighbourhoods across El Salvador.

Bukele has lashed out at the media, as well as non-governmental organisations and international bodies that have been critical of some of the measures taken against the gangs. He accuses them of siding with the criminals.

Criminal defence lawyer Tahnya Pastor said the legal reform clearly creates a ban on media disseminating gang messages, but that its scope wasn’t all encompassing.

For example, she didn’t believe the ban would extend to someone writing a book about the gangs, but media outlets distributing messages from the gang about their control of areas that could cause panic would appear to run afoul of the measure, she said.

Others had a broader interpretation. President of the journalists association César Fagoaga said at a news conference on Wednesday: “It’s not only affecting us, it’s affecting the people’s information. This reforms is trying to get people to censor themselves and for us to not say anything.”