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P
e r u 12. PROFESSIONAL SECRECY OR PROTECTION
OF SOURCES The right of the journalist to not disclose his source of information
is sustained in Article 2, number 4, of the Constitution, which
states that every person has the right to the free exercise of the
freedom of information: ?without prior authorization or censorship
or impediment, under the responsibilities of law.? Meanwhile, Section 18 of Article 2 states that every person
has the right ?to keep secret his political, philosophic or other
convictions, and to keep professional secrecy.? In December 1994 the Eighth Penal Chamber of Lima recognized
a journalist?s right to keep his source of information secret. Criminal legislation establishes in Article 165: ?Anyone who,
as a result of his state, occupation, profession, employment or
ministry, has secret information whose publication may cause harm,
may not reveal it without the consent of the interested party. Failure
to obey this shall be punishable with incarceration of no more than
two (2) years and sixty (60) to one hundred twenty (120) fine/days.? Article 220 of the Civil Procedure Code establishes a procedural
principle when it states: ?No one may be compelled to make declarations
about facts he learned under professional or confessional secrecy
and whenever, by provision of the law, he may or must keep the secret.??
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