Media laws at Peru
XPeru's media landscape operates under a legal framework that, while constitutionally guaranteeing freedom of expression, has faced scrutiny for provisions that can limit press freedom and concentrate media ownership.
Here's a breakdown of the key aspects of media laws in Peru:
I. Constitutional Guarantees and Principles:
Political Constitution of Peru (1993, with revisions): The Peruvian Constitution enshrines fundamental rights related to media and expression:
Freedom of Information, Opinion, Expression, and Dissemination of Thought: Article 2, paragraph 4, guarantees these freedoms through any medium of social communication, "without previous authorization, censorship, or impediment, under penalty of law."
Prohibition of Suspension or Closure of Media Outlets: The Constitution explicitly states that "Any action that suspends or closes down any organ of expression or prevents its free circulation constitutes a crime."
Right to Rectification: Any person affected by inaccurate statements or injured in any social medium has the right to demand free, immediate, and proportionate rectification.
Protection of Honor and Reputation: While guaranteeing freedom of expression, the Constitution also protects individuals' honor, reputation, and privacy. This often leads to legal challenges for journalists, particularly through criminal defamation laws.
Right to Access Public Information: Citizens have the right to request information from public entities, with some exceptions for sensitive data.
II. Key Laws and Regulations:
Radio and Television Law (Law No. 28278, 2004): This law regulates broadcasting services in Peru, aiming to ensure plurality and prevent monopolies. It includes provisions on:
Licensing and Concessions: The Ministry of Transport and Communications (MTC) grants concessions for radio and television stations. There are limits on the number of licenses an operator can hold by band and locality to prevent media concentration.
Content Regulation: While avoiding prior censorship, the law establishes principles for programming, including the promotion of national culture, education, and respect for ethical norms. It also addresses advertising content, particularly concerning alcohol, gambling, and content targeting children.
Local Content Requirements: There might be requirements for a certain percentage of national or local content.
Community Broadcasting: The law provides for community broadcasting, though its implementation and promotion have been noted as sometimes lacking.
Legislative Decree No. 1044 – The Unfair Competition Law: This law governs advertising and marketing practices, requiring advertisers to provide proof of objective claims made in their ads. It also prohibits surreptitious advertising disguised as news or journalistic content without clear disclosure.
Criminal Code (1991): This code contains provisions on offenses of expression, notably:
Defamation, Slander, and Insult (injuria, calumnia, difamación): These are criminal offenses in Peru. Journalists can face imprisonment and significant fines for publishing information that is deemed to damage a person's or entity's honor or reputation. Critics argue these laws are often used to silence critical reporting, especially on issues like corruption.
Recent legislative proposals (like the "Gag Law" in 2024) have sought to increase prison sentences for defamation and calumnia and impose short response deadlines for media outlets.
Data Protection (Law No. 29733, 2011, and its Regulations): This law protects personal data and applies to media organizations in their collection, storage, and use of individuals' information.
Law No. 32301 (2025): A recently signed law that significantly tightens the grip on foreign-funded NGOs and media. It requires prior authorization from the Peruvian Agency for International Cooperation (APCI) for all civil society activities and projects receiving international cooperation funding. Critics argue this law could lead to:
Prior control and censorship.
Violation of professional and source secrecy.
Blocking of financing for independent media.
Increased bureaucracy and risk of arbitrary punishments, especially for independent media outlets covering sensitive topics like human rights and the environment.
III. Regulatory Bodies:
Ministry of Transport and Communications (Ministerio de Transportes y Comunicaciones - MTC): The MTC is the primary government body responsible for establishing telecommunications policy, granting concessions for broadcasting services (radio and television), and overseeing their proper use.
Supervisory Agency for Private Investment in Telecommunications (Organismo Supervisor de la Inversión Privada en Telecomunicaciones - OSIPTEL): While the MTC grants concessions, OSIPTEL is the independent regulatory body that supervises and regulates telecommunications services, including aspects related to tariffs, quality of service, interconnection, and consumer protection. It also oversees network neutrality.
Peruvian Agency for International Cooperation (APCI): With the enactment of Law No. 32301, APCI now plays a critical role in overseeing and potentially restricting foreign funding for NGOs and media.
National Institute for the Defense of Competition and Intellectual Property (INDECOPI): INDECOPI is responsible for consumer protection, competition defense, and intellectual property rights, which can apply to advertising and marketing in media.
IV. Challenges and Concerns:
Despite constitutional guarantees, concerns regarding media freedom in Peru persist:
Criminal Defamation Laws: The continued existence and application of criminal defamation laws are a significant concern, as they can lead to self-censorship and legal pressure on journalists.
Media Concentration: A significant portion of mainstream media in Peru is controlled by a few wealthy families, leading to concerns about a lack of pluralism and potential political or economic biases.
Government Pressure and Intimidation: Journalists and media outlets, particularly independent ones, have reported instances of verbal attacks from politicians, threats, and judicial actions that are perceived as attempts to silence critical reporting.
New Laws Impacting Foreign Funding: Law No. 32301 has raised serious alarms among journalists and civil society organizations who view it as a direct attack on press freedom and a mechanism for political control, potentially undermining the ability of independent media to operate and conduct investigations.
Lack of Regulation for Online Media: While traditional media is regulated, the evolving landscape of online media and social platforms presents ongoing challenges for legal oversight, particularly regarding the spread of disinformation.
Peru's media laws represent a complex interplay of constitutional protections, specific regulations, and enforcement challenges, with recent legislative changes raising significant concerns about the future of press freedom in the country.
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