Peru : They warn that the Computer Crimes Act affects the freedom of expression

Opinion was approved by Congress in less than six hours and is just waiting for the enactment of the Head of State, despite serious questions about the ambiguities and inconsistencies in the wording.

Rider Huapa to Bendezú.

The 12 September, Parliament adopted the report of the Computer Crimes Act, initiative has received mixed reviews by alleged inconsistencies in the textand by, supposedly, paid to ambiguities.

The handwritten and sent to Government House for enactment intended establish a series of cybercrime and misuse of the Internet. However, during adoption was used to add an amendment to Article 162 Penal Code, referred to the wiretapping.

It questions such that when the Congress approved the Gag Rule parliamentary Javier Bedoya, in January 2012, President Ollanta Humala the observed and recommended adding the exception “where the public interest”, because not doing so would go against freedom of expression. But this opinion, developed based on the proposed Ministry of Justice, this exception is not included and only increases sentenced to eight years in prison when the information is secret, confidential or compromise national security and defense.

"The arbitrary and unclear ultimately affects. The press and freedom of expression may be affected”, sostuvo Erick Iriarte, lawyer specializing in IT.

However, for José Luis Medina, MINJUS advisor to participated in the preparation of the proposal, legislation only increases penalties for those responsible for the interception call involving state security.

No penalties for disseminating, nobody has raised punish the press. One fact is worth more when the information is sensitive ", stated.


On the other hand, the discrimination in itself is a crime provisions of the Criminal Code, but this law poses performed by adding the modality through information technology and communication, and proposes punishment up to four years in prison who discriminate, violence similar to the penalty for discrimination.

"If I write something on the Internet or against civil unions, the other person may say that I'm discriminating. The lightness of the text strikes the freedom of speech ", Miguel said Morachimo, NGO director Hiperderecho, has started a campaign to ask the Executive Branch not enact the law without rinse well.

It also warned that new legislation proposed punishable by up to six years in prison that "introduce, deletes, deteriorates, changes, deleted or made inaccessible computer data"Another person without their consent, but does not indicate how to value it.

"Not the same delete a single document access information national defense; there is when the judge will have to see what becomes worth. With the Penal Code, and punishes such action. Says Budapest and several countries have ", He referred Medina.

But Iriarte warned that the terms have been changed Budapest Convention, international treaty on cybercrimen to which Peru has failed to adhere, and there is a glossary to understand what the law refers to information technology or communication, because even "for some, en TIC, it includes phone, telegraph or both ".


Also, the new law criminalizes crime to manufacture, design, develop or use software hacking, with a penalty of up four years in prison. The Budapest Convention has a similar rule, but includes an express exception which is not an offense if the person makes a hacking ético or vulnerability test to detect gaps in a computer system.

"There may have been an exception set, but felt it was not necessary, because the Penal Code and has general rules on the subject. While I understand the concern of all, no worry ", Medina said.

Elsewhere in the legislation, it condemns to five years in prison the person who creates, login, or used without due database, but the text is ambiguous and even a simple list of contacts that a person has in his cell may be involved.
Medina said that this part is already in the Criminal Code and all he has done is to group it in Opinion, and noted inconsistencies.

"The writing is not very happy, Could be better… I have corrected, but good, so it was, so they raised in Congress ", pointed.

The speed with which was amended and debated the law caused, by mistake, A subsection of the Criminal Code be repealed, reducing penalties responsible hurto cultural heritage. Lawmaker Juan Carlos Eguren, who in his capacity as chairman of the Judiciary Committee was responsible for group projects in a single opinion, admitted that the law and facing questions are likely to present a bill to amend the original text.

"From my point of view, Internet use is not contrary, but I do not mean that there can not be any different view. Surely, will rise to the submission of a project ", said.

Bewilderment. The decision to regulate so hasty activity of people in the new Internet environment generates a confusing scenario.