Financial Crimes and Cybersecurity Threats in Nicaragua: Journalists Face “Gag Law” and Restrictions on COVID-19 Data
Nicaragua’s authoritarian regime, led by President Daniel Ortega, has introduced a draft cybercrime law that poses a significant threat to press freedom in the country. The proposed law, often referred to as the “gag law,” would criminalize the spread of false or distorted information, incite hate, and violate economic stability, public order, and sovereign security.
Key Provisions
- Article 30 of the draft law threatens to jail anyone who spreads “false or distorted” information that produces “alarm or fear” for two to four years.
- Punishes illegally intercepting written communication with up to three years in jail.
- Foresees up to five years in prison for false information that incites hate.
Background
The introduction of the draft law follows leaks of data from Nicaragua’s health ministry, which exposed discrepancies in numbers on coronavirus infections presented by the government. The regime has also approved a “National Cybersecurity Strategy” aimed at protecting “information and services to the general population.”
However, Nicaraguan press organizations and independent journalists have spoken out against the draft law and cybersecurity strategy, believing they are intended to silence the press and expand government censorship to online and social media.
Impact on Journalism
“It’s a situation that criminalizes journalistic practice in Nicaragua,” said Julio López, a journalist and member of the Nicaraguan Independent Journalists and Communicators (PCIN). “This cybersecurity law, which penalizes false news, really penalizes any form of work that involves defending human rights, as under a dictatorship, this is considered criminal.”
Other Restrictions
The regime has also proposed the “Foreign Agents Regulation Law,” which would force every individual or organization receiving foreign funding to register with the Interior Ministry and undergo financial audits. The law aims to monitor and control foreign influence in Nicaragua’s media and civil society.
Additionally, the government has taken direct penal measures against individual journalists reporting on the pandemic or other critical matters. In May, late director of independent radio La Costeñisima Sergio León was accused of slander following his reports on suspected COVID-19 cases. On September 26, press director of Radio La Costeñisima Kalua Salazar was declared guilty of slander charges and ordered to pay 7,684 cordobas (230 USD).
Capture of the Media Sector
The regime’s capture of the media sector is also a major concern. Ortega and his family have bought several media companies, own at least six national TV stations, and shut down independent media outlets such as El Confidencial and 100% Noticias in 2018.
“Media regulators have imposed sanctions without any substance in order to shut down news coverage,” said Edison Lanza, special rapporteur on Freedom of Expression of the Inter-American Commission on Human Rights (CIDH). “Fiscal inspection is an indirect tool with the purpose of suffocating the media and imposing unpayable sanctions. Considering the fiscal organs’ lack of independence, it’s clear these types of sanctions are an indirect method of censorship.”
International Condemnation
As the regime continues to crack down on press freedom in Nicaragua, international organizations and human rights groups have condemned the government’s actions, calling for immediate action to protect journalists and ensure a free and independent media sector.