The Constitutional Court of Peru (TC) has declared as unconstitutional the law that prohibits State-run institutions from advertising in privately-owned media.
The bill was introduced by APRA party lawmaker Mauricio Mulder.
In statements to Canal N local channel, TC magistrate Eloy Espinosa-Saldaña confirmed the existence of a court's pronouncement on the issue.
The judge supported the unconstitutionality of said law
, as he believes imposing an absolute prohibition on the allocation of resources to State advertising would be disproportionate.
"A nearly absolute prohibition would break this proportionality and leads to unconstitutionality," he expressed.
In his opinion, regulation is fundamental to avoid the overuse of public resources in State advertising, but an absolute restriction
is not the way to do so.
"We are talking about institutional advertising, not propaganda," he commented.
Finally, the magistrate affirmed several population-oriented campaigns require wider dissemination and media outlets cannot stand aside from the process.