Dissemination of Private Communications as an Illegal Activity

Abstract

This article analyzes, referring to a recent decision issued by the Peruvian Constitutional Court, the possibility of establishing criminal or administrative liability to broadcasters for the dissemination of private communications obtained through wiretapping on its media outlets. The paper concludes that: (i) public interest is a valid limit the right to privacy and allows the media to disseminate private conversations as long as it may serve their information purposes, (ii) it is possible establish criminal liability of media owners for the dissemination through media of private conversations under actual law but only when these same agent have been involved telephone interference or direction, (iii) the ones affected by the dissemination of a private conversation that does not serve the public interest may collect moral damages from the person responsible for dissemination, and (iv) there are other, less stringent, measures than may allow to attack the problem of wiretapping without compromising freedom of the press.

Note: Downloadable document is in Spanish.

Keywords: media, wiretapping, criminal liability, administrative liability, Peru

JEL Classification: K14, K23, L82