El Salvador: CFWIJ denounces proposed law requiring media outlets & journalists to register as “foreign agents”

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November 17, 2021, El Salvador- The President of El Salvador Nayib Bukele has proposed a law, which requires media outlets and journalists receiving funds or payments from abroad to register as “foreign agents”. Lawmakers are due to vote on the proposed law. The Coalition For Women In Journalism urges the El Salvador congress to reject this law as it is a blatant attempt to curb critical and independent media in the country. 

The law was proposed by President Bukele and presented to the congress on November 9, 2021. However, no date has yet been announced for when the law will be taken up for voting by the country’s legislature. 

In a Twitter post, President Bukelewrote that the proposal for the Law of Foreign Agents sent to the legislative assembly “is basically the same law that they have in the United States. There it is called: FOREIGN AGENTS REGISTRATION ACT”.

The CFWIJ finds the proposed legislation extremely concerning as we have seen countries repeatedly use such laws to target and harass independent and critical voices. This attempt to paint media outlets and journalists as outsiders must be recognized as a bid to curb the freedom of the press and the citizens’ right to information.  

Local news outlet El Mundo reported that the Bukele’s initiative levies a 40 per cent tax on any transaction, disbursement or transfer that the obligated parties receive from abroad.

The news website quoted Congressman Christian Guevara, who leads the Nuevas Ideas congressional caucus, as saying that the proposed law aims to cut the “juicy salaries” of investigative journalists working for outlets that receive funding from international organizations.

Local organizations have also raised concerns that the law has several loopholes and can be interpreted broadly to target critical media. They have urged the legislature to not let the proposed law be enacted and thwart the president’s attempt to limit the freedom of the press. 

“The problem of the proposal is in the generality and ambiguity due to the lack of precision of which are the subjects, but also the wide discretion that it gives to the registry of foreign agents,” said Abraham Abrego, Director of strategic litigation at Cristosal, a Salvadoran human rights organization. “The Salvadoran and Nicaraguan (Foreign Agents) bill is similar to the Russian proposal and in practice they have served to restrict freedom of expression and association organizations.”

The Coalition For Women In Journalism stands in solidarity with independent media in the country. We urge El Salvador to ensure that the freedom of the press and the right to information are protected in the country. We call on the members of the country’s legislative assembly to reject the proposed law and ensure a conducive environment for critical journalism to operate freely. Journalists must be free to work without fear of retaliation by the country. We reiterate that no country can hope to thrive without a free and robust press.