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Presunto Cupable… now showing (for now)

8 March 2011

The Sexto Tribunal Colegiado en Materia Administrativa (the Sixth Court of Appeals for Administrative Law) vacated the temporary injunction issued by Magistrate Blanca Lobo Dominguez’ against theater presentations of Presunto Cupable earlier today (8 March)

The unanimous ruling by the three judge panel hinged on Art. 6° of the Mexican Constitution which says (in translation)  “The freedom to write and publish on any matter is inviolable. No law or authority may establish prior censorship, or require bond from authors or printers, or abridge the freedom of printing, which has no limit but the respect of private life, of morals, and of public peace…”

While Judge Lobo’s ruling theoretically rested on the phrase “…no limit but the respect of private life…”   in response to a complaint by the witness to the murder in the film— a minor at the time, and supposedly filmed without parental consent — the appeals court, found that the injunction “damaged social interest” and that the producers had the right under Article Six to “publish” without prior restraint.

 

“El Oso” covers the legal and ethical issues surrounding the censorship… and the irony of the legal actions by co-director Roberto Hernandez to block on-line videos that sought to break the attempts to censor the film.. in a well-thought out, well researched post here.

2 Comments leave one →
  1. 9 March 2011 5:13 am

    I have seen “Presunto Culpable”. It is a moving, though provoking film on many levels. I can understand why the government wants it banned and precisely why everyone must see it.

  2. gmed1987 permalink
    9 March 2011 1:09 pm

    I’m not 100% sure but I believe in any case the witness they are talking about was 17 when he testified the first time, but if I recall correctly he was 18 when they filmed the re-trial.

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