Yes. Article 17 of Law No. 5953 provides plainly: a journalist whose liberty is restricted because of a publication in the periodical to which they belong continues to receive their wage.
The Condition: It Must Arise from a Publication
The scope of the provision is limited. For the right to pay to continue, the restriction of liberty must have arisen because of a publication in that outlet. Detention for a reason unconnected to the publication is outside the article.
Two Exceptions
- The publication was made or procured without the knowledge of the responsible editor or the owner of the publication
- There has been alteration or addition to the form that passed the responsible editor's review
The logic common to both: the protection is for cases where the publishing decision went through the institutional process. Publication that bypasses that process, or alters an approved text, falls outside it.
Benefiting from Collective Pay Rises
The article grants a further right: a journalist whose liberty is restricted benefits from collective pay rises given to their grade in the same way as their peers. A rise applied to the staff during the period of detention applies to them too.
Detention After Leaving the Publication
The least known provision in the article is this: where the restriction of liberty arises after the journalist has left the periodical, compensation in the amount of the last wage received from that periodical is paid each month by the owner of the periodical for the duration of the restriction.
| Situation | Who pays | How much |
|---|---|---|
| Detained while employed | The employer | The wage continues |
| Detained after leaving | The owner of the periodical | Compensation in the amount of the last wage, each month |
The obligation therefore stays with the owner of the publication even after the employment relationship has ended. That follows from liability arising from the publication attaching to the publication rather than to the individual.
The Sanction for Non-Payment
Article 27(d) provides an administrative fine for each journalist against an employer who does not pay the wage or compensation under Article 17.
Suspension of Publication Is Separate
The last paragraph of the same article deals with a different situation: staff at a periodical whose publication is suspended receive their wages for two months from the date of suspension. This is covered in the closure article.
Bottom Line
A journalist whose liberty is restricted because of a publication in their own outlet continues to receive their wage and benefits from collective pay rises in the same way as their peers. The protection does not operate where the publication was made without the knowledge of the responsible editor or the owner, or where the approved text was altered. Where detention arises after leaving, compensation in the amount of the last wage is paid by the owner of the periodical.