Peru's Justice and Human Rights Minister Salvador Heresi brought, before the Constitutional Court, an unconstitutionality action against the law that prohibits State-run institutions from advertising in private media.
"The primary basis of this action is that fundamental constitutional rights are being weakened, such as the right to report on the Government's work, as well as the State's obligation to inform and disseminate its policies and achievements to the population," he stated.
According to the government official, these fundamental rights affect other rights like freedom of expression and the free market principle —guaranteed by the Constitution— because the prohibition of State advertising in privately-owned media creates a monopoly in the State.
According to the law —published on Monday in El Peruano official gazette— public advertising will only be possible through State-run media outlets.
However, the prohibition does not apply to cases of national emergencies, disasters, or electoral education campaigns by the electoral organizations once elections have been called.
The said law affects all public entities, including private-law ones and those subject to special regimes, as well as local and regional governments.
(END) FHG/CCR/RMB/MVB
Published: 6/22/2018