Saturday, November 14, 2026
News and Views from the Global South
COLOMBIA: Journalists Criticise Controversial Anti-Terrorism Bill
Yadira Ferrer
- The Colombian government is trying to quickly put the final touches to a controversial anti-terrorism bill, after violent attacks this month blamed on the main insurgent group, the Revolutionary Armed Forces of Colombia (FARC), left a high death toll.
Among the critics of the bill, to be introduced to Congress during the ordinary period of sessions that begins on Mar. 16, are journalists who complain that it contravenes freedom of the press.
The disclosure of a draft version of the bill coincided with the wide condemnation of the escalation of violence that began on Feb. 7 with a carbomb that went off in an exclusive Bogota social club, El Nogal, which is frequented by local political and business leaders.
A week later, bombs exploded in a house near the airport of the city of Neiva in central Colombia, on the eve of a visit by President Alvaro Uribe. Security forces believed the incident was planned as part of a broader attack.
A total of nearly 50 people, mainly civilians, were killed in the two incidents.
The bill will modify 31 articles of the penal code, and add 10 new clauses. The one that has triggered the loudest protests refers to the media’s freedom and responsibility in reporting on ”terrorism.”
The article, which the Bogota reporters’ association (CPB) claims is unconstitutional and runs counter to freedom of the press, would provide for sentences of eight to 12 years in prison for anyone who publishes statistics considered ”counterproductive to the fight against terrorism,” as well as the possible ”suspension” of the media outlet in question.
Both sanctions would be applicable to those ”who divulge reports that could hamper the effective implementation of military or police operations, endanger the lives of public forces personnel or private individuals,” or commit other acts that undermine public order, ”while boosting the position or image of the enemy.”
The promoters of the clause on ”media responsibility” are ignoring the fact that Colombia’s constitution prohibits censorship, and that citizens have the right to be informed, said the president of the CPB, César Velásquez.
Independent reporter Sigifredo Eusse told IPS that the government aimed to ensure that journalists would only report on information received from official sources.
Under the new law, reporters would also be vulnerable to a government official’s subjective opinion of their work, he added.
According to former communications minister Fernando Cepeda, what is needed in Colombia today is not censorship, but ”self-regulation” by the media, the scope of which would depend on the characteristics of each media organ and on the specific circumstances.
”It is not the same thing to interview a guerrilla or paramilitary live on radio or TV and let them express themselves, without toning down their responses like you can do in the written press,” he argued.
The proposal for amending the penal code would tack on an addendum to each clause stipulating stiffer punishment for several criminal offences when they were committed for ”terrorist purposes.”
The definition of terrorism used by the bill is the one included in the Law on National Security and Defence that was passed in 2001.
That law states that terrorist acts ”are those that produce an effect of terror or intimidation among the inhabitants of a state,” as well as serious disturbances of public order with ”means and methods that, by their nature, cause or can cause extended damage.”
The hijacking of planes, boats or any other means of collective transport is punishable by 10 to 15 years of prison, while those who commit such crimes for terrorist purposes would be subject to sentences of 17.5 to 25..5 years.
The disclosure of confidential state documents for terrorist purposes would be punishable by 7.5 to 15 years in prison, as would the publication and illegal use of tax information for such ends by public employees.
Those found guilty of money laundering for terrorist purposes or of acting as a ”front man” for terrorist groups would face sentences of nine to 22.5 years.
One of the novel aspects of the bill is the classification of the use of toxic or harmful microorganisms, which have been used by guerrillas against soldiers and police, as an act of terrorism, punishable by four to seven years in prison, a government official who asked not to be identified told IPS.
In addition, those who destroy or damage natural resources or invade areas of special ecological value for terrorist purposes would be subject to four to 10-year sentences.
”The solution does not lie in drastically increasing the sentences provided for by the penal code, but in carrying out a constitutional reform to seek other kinds of punishment”, said Senator Jimmy Chamorro with the opposition Liberal Party.
The president of the Network of Initiatives for Peace (REDEPAZ), Ana Bernal, told IPS that ”incidents like the explosion in the El Nogal club are condemnable from any point of view, but we run the risk of falling into the same logic of violence, which has even led some sectors to call for the adoption of the death penalty.”
REDEPAZ groups some 30 local non-governmental organisations that advocate a negotiated solution to this South American country’s nearly four-decade armed conflict.
”We don’t understand this kind of action (the bombings), which have no political raison d’etre of any kind. But nor do we feel that there is a government strategy in place,” or that the Uribe administration is seeking an alternative route ”for pulling out of this crisis, of which civilians bear the brunt,” said Bernal.
The U.S-based rights group Human Rights Watch (HRW) stated on Feb. 26 that the government should approve the extradition of guerrilla and paramilitary leaders accused of crimes against humanity and wanted by the international community.
The extraditions should be carried out independently of any peace process, the executive director of the Americas division of HRW, José Miguel Vivanco, said in Bogota.
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