Law 162/2023, which further restricts freedom of expression, officially came into effect on October 4th, according to the PEN Club
The PEN Club of Cuban Writers in Exile has expressed its strong condemnation of the new Social Communication Law, which went into effect on October 4th, 2023. The organization views this law as another example of the Cuban government's ongoing campaign to suppress freedom of expression and silence its citizens. The law, officially known as Law 162/2023, has raised significant concerns among writers, journalists, and activists both within and outside of Cuba.
A draconian measure against expression
Law 162/2023 was approved by Cuba’s single-party National Assembly of People’s Power in May 2023. The law aims to "regulate the Social Communication System for the strategic and integrated management of social communication processes in the organizational, media, and community spheres." It purports to serve political, public good, organizational, and commercial purposes, impacting public spaces both physical and digital. However, critics argue that its true intent is to further restrict media pluralism and free expression in Cuba.
Under this law, media organizations will be required to register with the Cuban State and operate under its supervision. This provision raises alarms about the potential for increased government control over content, limiting the ability of independent voices to communicate freely. The PEN Club argues that this legislation marks another significant blow to the already precarious state of free expression in Cuba, reinforcing the regime's grip on information and cultural discourse.
The implementation of Law 162/2023 is part of a broader pattern of repression that has intensified in recent years. According to the Cuban Institute of Freedom of Expression and Press (ICLEP), there have been 531 documented violations of freedom of expression and press as of October 2024. This figure surpasses the 494 violations recorded in all of 2023, signaling a troubling trend toward increased repression.
The tactics employed by the Cuban government to suppress dissenting voices are varied and aggressive. Common methods include harassment, threats to individuals and their families, acts of repudiation, physical and verbal assaults, arbitrary detentions, and rigged trials that often lead to hefty fines or prison sentences. Many writers, journalists, and artists have also been forced into exile as a result of the oppressive atmosphere.
Historical Context of Repression
The Cuban government has a long history of employing legal mechanisms to stifle creativity and dissent. The PEN Club of Cuban Writers in Exile highlights several laws and decrees that have contributed to the current repressive environment. These include:
- Law 88 (1999): Commonly known as the Gag Law, it restricts the dissemination of information and punishes dissent.
- Decree 349 (2018): This decree further limits artistic expression and creative work.
- Decree Law 370 (2018): This legislation effectively annihilated freedom of expression on the Internet, enforcing stringent regulations on online content.
- The Constitution of the Republic of Cuba (2019): While it contains provisions for freedom of expression, its practical application has been heavily restricted.
- Decree Law 35 (2021): Governs telecommunications, including television and radio, imposing tight controls on broadcasting.
- Law 51 (2022): Establishes a new and draconian Penal Code, intensifying punishments for offenses related to expression.
- Social Communication Law (2023): The latest addition to a series of legislative measures aimed at controlling the narrative within the country.
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