A
few days ago in Peru, the news broke of a bill that had been approved by the
Justice Commission in Congress, proposing an amendment to section 183-B of the
Penal Code, which sanctions the media publication of obscene and pornographic
displays. As a result, the banners of Freedom of the Press and Freedom
of Speech were raised by opponents.
The bill's main section says the following: shall be punished with
deprivation of liberty of not less than two years nor more than six
years, the Director, Editor or person responsible for publications or
editions, transmitted through media such as newspapers, magazines,
posters, panels, leaflets, radio, television or any other means of
communication that produces a similar communication effect, who
publicize images, messages or audio that is obscene or pornographic.
Those who are leading the opposition to this bill are the media and
journalists, who were the most affected. Some bloggers, especially those
who are journalists and are also linked to the media, have also argued
against this bill. For example, in the blog Blawyer.org Miguel Morachimo
who is against the project, publishes [es] a series of points he has
identified as problems in the bill:
- The article does not define what is meant by obscene or
pornographic.
- There is an identical item in the Law on Radio and Television.
- The rule is not aimed at protecting minors.
- The rule aims to be applied to any means of communication.
- The rule may be used as a tool of censorship.
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