A bill submitted by the head of the Peruvian Council of Ministers, Anibal Torres, was deemed a threat to the privacy of media outlets and investigative journalism in the country.
According to Infobae and the Peruvian National Association of Journalists (ANP), the proposal provides for prison sentences for anyone who discloses confidential information related to the investigation of crimes to the media.
The International Federation of Journalists issued a statement condemning the project, which it considers to be an attempt to restrict freedom of press and expression with legal barriers.
Minister said the law will not be to prevent press source secrecy
Anibal Torres, who was in charge of the bill, is the main legal name for President Pedro Castillo’s party, a prominent lawyer and professor and union leader elected to run the country in 2021. She served as the chairman of the Council of Ministers. since last February.
The text to be presented to Congress criminalizes “disclosure of tax information in criminal cases” with a prison sentence of one to two years.
If the alleged criminal is a judge, prosecutor or police officer, the penalty can be up to four years in prison.
ANP warns, “This initiative directly affects journalistic activities in the country.” “Criminalization of resources creates a plug and affects the right to information. [público]”
Torres did not directly link the law to the operation of the press or said it would in any way restrict media professionals’ engagement with sources, at a press conference on June 24. said:
“The preliminary criminal investigation is confidential. It ceases to be confidential when it enters the verbal discussion stage. It’s public and there’s no privacy there.”
According to Infobae, Torres added that the project wants to avoid the “commercialization” of information:
“What’s going on today? In these investigations, sometimes this or that information is selected in order to charge a crime, and confidential information is quickly disclosed to the public.
This shouldn’t happen. We are therefore introducing a bill to Congress to end such commercialization of sensitive crime information.”
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ANP expressed its concerns about the project, which was leaked to the press because the full text was not published by the government.
“At a time when the trend across the continent is to make public administration and corruption-related processes more transparent, involving those holding or holding public office, what is happening in the country is a clear setback.
“Source confidentiality has been crucial to revealing facts in the public interest in recent years. Pretending to violate professional secrecy is not only possible, but also unconstitutional.
Therefore, we regret that both the Executive and the Legislature, as powers of the State, have distorted their own or devolved legislative powers, abandoning their role as guarantors of rights and freedoms.
Recent history shows the essential role of independent journalism in fighting corruption in the country.”
There @ANP_periodistas According to a statement by Prime Minister Anibal Torres, he rejects a bill of law that criminalizes the dissemination of information hidden in the criminal investigation, approved by the Cabinet on the eve.
More: https://t.co/qBsL2SH90D pic.twitter.com/2O1iTLAX1U
– ANP Peru (@ANP_periodistas) 25 June 2022
The project was already announced on 13 June by Justice Minister Félix Chero when he said his intention was to “protect” the presumed innocence of those under investigation.
He stated that journalists would not have to disclose their sources “in any way”.
Chero also assured that the initiative did not involve persecution of journalistic sources, as the media “owns its own resources”.
“The one receiving the information is not necessarily a journalist. Pressure on Witnesses can be taken by anyone interested in having this information to pressure the parties”.
The International Federation of Journalists (IFJ) said it “continues to pay attention to advances in official strategies to condition journalistic work, in the context of increasing legal barriers to the exercise of freedom of the press and expression” in Latin America.
The Peruvian Press Council (CPP) also took a stand against the bill that could end the secrecy of police sources in the country, saying it saw it as an attack on citizenship.
“If the law passes, this initiative will deprive citizens of information about investigations into alleged corruption cases, including those conducted against President Pedro Castillo, his nephews, former minister Juan Silva, former government officials and past governments.”
Consejo de la Prensa Peruana considers the legislative project sent to the government by the Executive Power as an attack on the citizens. @kongresoperu creating the crime of disseminating hidden tax information in criminal cases.
Full announcement: https://t.co/rxOTS1gLTq pic.twitter.com/r3Ah2rkl1a
— Consejo de la Prensa Peruana (@ConsejodePrinsa) 27 June 2022
The agency has called for the “darkness measure” not to be approved by Congress, citing Operation Car Wash.
“With a law like the law proposed by the executive, the level of knowledge and approximation of the truth in the Lava Jato corruption case was unattainable because it was the press that kept the public informed throughout the process.
Without enlightenment, investigations could be sabotaged or influenced by private interests. Impunity would prevail.”
The Peruvian Press Council strongly rejects this obscene measure and asks Congress not to get involved if it is truly committed to investigations into corruption cases. [aprovando a lei]”
Peruvian newspaper El Comercio explains that after receiving the bill, Congress will send the text for analysis by a committee that will decide whether to file it or approve it.
If this happens, the matter will be considered by the general assembly.
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source: Noticias
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