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7 J. Media L. & Prac. 82 (1986-1987)
The Mandatory Licensing of Journalists: The Decision of the Inter-American Court of Human Rights

handle is hein.journals/tojmedlp7 and id is 82 raw text is: The Mandatory Licensing of Journalists: The Decision of the Inter-American Court of Human Rights Leonard R. Sussman Executive Director, Freedom House The unanimous rejection of the licensing of journalists by the Inter-American Court of Human Rights has significance beyond the Americas where, as on other continents, the practice of credentialing the press has been increasing. The Court ruled that mandatory licensing violates the putative journalist's right to express his views and the public's right to receive them. A Landmark opinion The licensing of journalists under governmental law and regulation has been put on trial in the Inter- American Court of Human Rights. In an advisory opinion sought by the Government of Costa Rica the Court unanimously decided that the compulsory licensing of journalists is incompatible with Article 13 of the Inter-American Convention on Human Rights. That article, in the opinion of the Court, guarantees the right to freedom of expression of the journalist and the right of the public to access to all kinds of information and ideas. Compulsory licens- ing, said the Court, 'denies some persons access to the full use of the news media as a means of express- ing themselves or imparting information'.' The ruling in November 1985 in San Jose, Costa Rica, seat of the Court, was advisory and so does not immediately affect the individual whose case precipitated the review of the domestic and inter- national history of governmental press licensing. The individual, Stephen Schmidt, is a United States citizen who practiced journalism in Costa Rica for eleven years without a license from the Colegio de Periodistas. The Colegio under Law No.4420 was authorised by the government of Costa Rica to train and license journalists. Those so credentialled would be permitted to practice journalism in Costa Rica. To practice journalism without a licence from the Colegio, is a criminal offence punishable by imprisonment and a fine. Schmidt was so charged, and after action before two domestic Courts was convicted and his sentence suspended. He left the country but remains a felon in the eyes of the Costa Rican government. Far more than the fate of Schmidt is involved in this case. The system of compulsory licensing of journalists was on trial. That system has a history as ancient as the written word. Countries such as the United Kingdom, Germany and the American colonies which employed the compulsory licensing of printers (the forerunners of journalists), then licensed the publisher and next the journalist, have long since discarded governmental licensing of the press. In the past 30 years, however, many other countries have begun compulsory licensing of the press and journalists. Twelve countries in Central or South America,2 the ASEAN nations and others in the Asia-Pacific area, and many countries in Africa have adopted compulsory licensing of the news media and/or journalists. At least one Western European country (Spain) is considering adopting compulsory licensing of journalists. The opinion of the Inter-American Court declaring compulsory licensing of journalists a violation of rights guaran- teed in universal as well as regional human rights covenants and conventions is, therefore, a finding which has, we believe, landmark significance. Press licensing, while most often initiated by a government, is sometimes sought by journalist organisations. They seek to gain the status of a profession for their members. This would raise the standing of the journalist in the eyes of the public, enable the association (a Colegio as it is called in Latin countries) to set standards of ethics and procedures, and presumably monitor the perform- ance of journalists. The Colegio would also use the licensing system to limit the number of journalists admitted to the profession, and thereby restrict the volume and nature of competition for employment. Fifty of 350 members of the Colegio in Costa Rica in August 1985 signed a petition calling for strict application of the law and expulsion of all foreign correspondents based in Costa Rica in order to protect the jobs of local reporters. While support for compulsory press licensing comes from some journalists, strong opposition to the Colegio system is voiced by international associations of publishers, editors and journalists whose affiliates have a non-Marxist orientation and are headquartered mainly, though not solely, in industrialised countries. Though there is not an absolute correlation between the level of industri- alisation and the application of press licensing, most countries which compulsorily license journalists are developing nations. The legislative history Governments traditionally licensed the channels of communication in order to control the information and ideas received by the populace. Five centuries ago, words were first transferred from type to paper under the licensing of writers and printers the Crown deemed trustworthy. The Church was the only other MEDIA LAW & PRACTICE, OCTOBER 1986 82

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