The SUPERCOM opened a file against Expreso, by considering it infringed Section 24 of the Law on Communication on the right to reply. The SUPERCOM requested the publication of its reply to a paid advertisement of the Association of Newspaper Publishers (AEDEP for its Spanish acronym).
During the conduct hearing, which was made yesterday, Eduardo Carmigniani, Express lawyer, asked the experts of the Superintendence to confirm the providence that initiated these proceedings on July 31, 2015. “The Supercom talks about viability of the replica, that word does not exist in Spanish. The Constitution states that everything must be tried in its own language,” he said.
His first argument was the right to defense that is enshrined in the Constitution of 2008. His second argument was about the Convention on Human Rights that also establishes the right to a defense and a fair trial.
The third argument was a ruling by the National Court of Justice in 2012. This indicates that, under the principles and constitutional guarantees, the judicial body must act in compliance with fundamental rights. “The lack of impartiality in this procedure nullifies this administrative act. We withdraw from this hearing, we do not want to be part of this comic sketch,” he stated and left the courtroom.