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P
e r u 1. CONSTITUTIONAL FRAMEWORK In accordance with Article 2, section 2, of the Constitution
of December 30, 1993, every person has the right ?to equality before
the law. No one may suffer discrimination due to origin, race, sex,
language, opinion, economic condition or for any other reason.? Section 3 states: ?There is no crime of opinion,? while section
4 establishes that every person has the right ?to freedom of information,
opinion, expression and communication of thought through oral or
written word or the image through any communication medium without
prior authorization or censorship or impediment of any kind, under
the responsibilities dictated by the law.? The crimes committed by means of books, the press and other
communcation media come under the Penal Code and are tried in the
general courts. Any action that suspends or closes any vehicle of expression
or prevents it from circulating freely is a violation of the law.
The rights to inform and to opine include the right to form communcation
media. Section 7 of Article 2 states that every person has the right
?to honor and to good reputation, to personal and family privacy,
as well as to his own voice and image. ?Any person who is affected by untrue statements or aggrieved
in any communication medium has the right to rectification free
of charge, immediately and proportionally, without prejudice to
the responsibilities of the law.? Section 10 refers to ?secrecy and the inviolability of a person?s
private communications and documents.? All communications, telecommunications or their instruments
may only be opened, seized, intercepted or inspected by a court
order, with the guarantees provided by the law. Matters unrelated
to the issue that motivated their inspection shall be kept secret. Section 3 of Article 200, recently introduced into the Constitution,
establishes Habeas Data. This protection recourse proceeds against
fact or omission, by any authority, official or person who weakens
or threatens the rights contemplated in Sections 5 and 6 of Article
2 of the Constitution. Included is the right to request information
from any public authority and subsequently to receive it (Section
5). Also included is the right to prevent the information services
from disclosing information that affects personal and family privacy
(Section 6). The Constitution excludes the use of the right of correction
enshrined in Section 7 of Article 2 for the protection offered under
habeas data. In establishing the principles and rights of the jurisdictional
function, Numeral 4 of Article 139 states that judicial proceedings
are always public when they deal with issues such as the liability
of public officials, offenses committed via the press, and those
that deal with the fundamental rights guaranteed by the Constitution.?
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