WPFC-FH's Letter to Peru's President Hullanta Humala on Criminal Defamation

Sept. 2, 2011

His Excellency Hullanta Humala Tasso
President of the Republic of Peru
Presidential Palace
Jirón de la Unión s/n Primera Cuadra
Lima, Peru

Your Excellency:

The World Press Freedom Committee of Freedom House —an organization bringing together 43 press freedom groups all over the world— respectfully urges you to sign into law Bill 4581/2010, that eliminates prison sentences in defamation proceedings involving freedom of expression.  Such a measure would not only be an important step in strengthening press freedom in Peru, but would send an important signal that the commitments to human rights and democracy in Peru, which you expressed so passionately in your campaign, will indeed be a hallmark of your leadership.

Furthermore, WPFC-FH urges you to consider this positive first step as just the beginning of a reform process that completely decriminalizes defamation, libel and slander statutes, in conformity with the decisions and recommendations of the inter-American justice system.

In July, the Peruvian Congress reformed Art. 132 of the Criminal Code by eliminating prison sentences, but it retained other punitive sanctions, such as up to 365 days worth of salary in fines and 156 days of community service, which we consider exorbitant.

Also, Articles 130 and 131 —which establish sanctions for slander and libel as crimes, respectively— were left intact for all types of cases, including those related to press freedom.

Based on the decisions and recommendations of the inter-American system, we believe the reform of Art. 132 is necessary but that is clearly only the first step.

The Inter-American Court of Human Rights, in its May 2, 2008 Kímel vs. Argentina decision, by which it ordered the State to reform its criminal laws dealing with slander and libel, ruled that, “The Criminal Code is the most restrictive means to establish responsibilities in any illicit behavior (…) The ample interpretation of libel and calumny may attempt against the principle of minimum intervention and the ultima ratio concept in criminal law.”

In the July 2, 2004 Herrera Ulloa vs. Costa Rica case, the Court ordered the State to declare the criminal sentenced null and void and to pay compensatory damages to the journalist because his free exercise of freedom of expression had produced “a deterrent, chilling and inhibiting effect on all those who practice journalism.”

In recent years, Peruvian officials and other public figures have notably increased the recourse to the afore-mentioned Criminal Code articles, which has subjected several journalists not only to intense judicial harassment but also to prison sentences for simply fulfilling their duty to keep the public informed. The list of these victims of the abuse of these laws is too long to cite in this letter.

In any case, and also according to the inter-American justice system, defamation, slander and libel must be dealt with in civil courts. Furthermore, sanctions for those offenses must avoid abusive or exorbitant fines or compensatory damages, which clearly constitute a gagging mechanism against press freedom.

Therefore, Your Excellency, we reiterate our urging that you sign Bill 4581/2010 into law as soon as possible and, by means of your legislative influence, that you work with Congress so that Peru can join other Latin American nations that have already reformed their defamation laws to meet the standards of a modern, transparent and participative democracy.

Respectfully,
Javier Sierra
Projects Director
World Press Freedom Committee of Freedom House