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 “not just from a desire to harass a particular journalist, but to send a message to journalists across the country.”That message was clear, he said: “Look what can happen to you if you mess with me.”The case involving “Cash by the Bucket” is particularly worrying, said media experts, because in their analysis, Judge Jesús 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 judge’s 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 Peru’s 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 “a fact, a quality or a conduct that could harm his honor or reputation.”

Source: New York Times January 19, 2022 17:35 UTC