The National Association of Journalists of Peru (ANP) warns that Bill No. 00043/2026-2031-CD, sponsored by Representative Aldo Antonio Bravo Quispe, of Renovación Popular, which proposes criminalizing the so-called “apology of aggravated crime” during situations of political crisis and/or social conflicts, seriously affects the full exercise of freedom of expression, the right to information and the practice of journalism.
In this regard, the ANP considers it its duty to state the following:
1. As currently formulated, the initiative creates serious risks for freedom of expression, the right to information and the practice of journalism, by using broad concepts such as “justify”, “legitimize” or “create a risk”, whose interpretation could ultimately encompass protected journalistic expressions and content.
2. Reporting on violent events is not equivalent to promoting them. Reproducing statements by leaders, gathering testimonies, documenting events or covering social conflicts is part of journalistic practice and cannot be confused with incitement, justification or legitimization of violence. Legislation of this nature must expressly establish this distinction to prevent self-censorship.
3. It is concerning that the proposal considers the use of media outlets and digital platforms as an aggravating circumstance and expressly mentions communicators, opinion leaders and people with the capacity to mobilize the public. This cannot become a factor of greater criminal exposure for those engaged in an activity that is essential to democracy.
4. We warn about the implications that the explanatory memorandum itself attributes to criminal investigations, including the possibility of displaying and seizing electronic devices and digital files. The bill does not provide sufficient safeguards to protect journalistic material, ongoing investigations and professional secrecy.
5. This bill not only puts freedom of information and the practice of journalism at risk, but may end up criminalizing fundamental rights such as freedom of opinion and expression, and the right to protest. The ANP defends the full exercise of these rights because they are essential freedoms in every democratic society and cannot be subjected to an imprecise expansion of the State’s punitive power.
Finally, the ANP warns that it is not reasonable to imprecisely expand the scope of criminal law when the Peruvian legal system already provides tools to punish incitement to commit crimes, apology and other violent conduct. The State’s response to violence cannot translate into an expansion of punitive power capable of reaching the exercise of fundamental rights.
Lima, August 18, 2026
NATIONAL EXECUTIVE COMMITTEE