By Rep. Adam Schiff

Written for the San Diego Union-Tribune

Freedom of the press is one of the pillars of democracy, but an unrestricted media is no longer a reality south of our border. In Mexico, journalists increasingly have to decide between ignoring the violent drug cartels altogether, or putting their safety and that of their families at risk. It is a choice no reporter would envy and none should be required to make.

The “war on drugs” is used figuratively in the United States, but in Mexico this war has become all too real. The horrendous toll of the cartel-driven violence – against one another, against the police and military, and against innocent civilians – is difficult for most Americans to comprehend. Since 2006, the drug war has claimed the lives of nearly 50,000 people. The scale of the violence and the brutality of the cartels threaten Mexico’s civil society itself, in part by undermining and intimidating the media. Since 2000, there have been 82 homicides of journalists, 71 of which remain unsolved today.

In recent weeks, there have been three attacks on newspaper offices in Mexico. In two of these attacks, gunmen entered newspaper offices armed with automatic rifles and grenade launchers and opened fire. And in the third attack, two armed men entered another newspaper office, firing several indiscriminate shots before setting fire to the premises.

These horrendous acts are having their intended effect. After the attack on its office, El Mañana announced in an editorial that it would no longer cover “violent disputes.” That newspaper and its journalists feared for their lives and would no longer cover the long-running and bloody battle for supremacy in the drug wars. These attacks mark yet another chapter in the war against a free press in Mexico, a war that includes brutal murders and the most terrible forms of harassment and intimidation. 

This year alone, five journalists in Mexico have been brutally murdered. In April, Regina Martinez, the national investigative reporter for Proceso and one of the most prominent journalists writing about the drug wars, was found murdered in her home. Her death prompted a national and international outcry, but no one has been arrested, nor is it likely that anyone will be brought to justice soon.

So what can be done?

Earlier this year, the Mexican Parliament passed a first-of-its-kind constitutional amendment granting federal authorities the power to take on and prosecute crimes against freedom of expression and the press. The amendment would make attacks against news organizations and journalists a federal crime, potentially taking these cases out of the hands of a local law enforcement that may be more subject to influence or intimidation. While the amendment grants federal authorities the prerogative to prosecute these cases, the legislature must now pass follow-up legislation to define the process and make it a reality. That bill should accomplish the following:

First, the legislation should establish the responsibility of law enforcement and the judiciary to protect journalists and prosecute those threatening or harming them. Second, the legislation should provide the resources necessary to protect journalists and the news media when threats occur. Third, the new administration should prioritize the training of personnel to investigate and prosecute those who commit crimes against the press. And finally, the entire process should include news organizations and journalists in the planning and implementation of the new laws.

When cartels can kill them with impunity, how can we expect journalists to expose their activities? A law alone will not stop the violence, but it will let the cartels know that an attack on a journalist is an attack on a free Mexican society, and the attackers will be pursued with every resource the Mexican government can marshal.

Schiff is a Democratic member of Congress from Burbank. He is the co-chair of the Congressional Freedom of the Press Caucus, a bipartisan caucus aimed at advancing press freedom around the world.