Blogger’s conviction marks new low for Peru's online freedom

4 Nov 2010 | Uncategorized

On 29 October, journalist José Alejandro Godoy, became the first blogger in Peru to be convicted on defamation charges. Judge Flor La Rosa sentenced the author of political blog Desde el Tercer Piso (From the Third Floor) to a three-year suspended prison sentence, a fine of 300,000 soles (£65,000), and 120 days of social work. His crime? Ironically referring to a powerful politician as a “political jewel”.

Jorge Mufarech — a minister during Alberto Fujimori’s government (1990-2000) — initially launched legal action against Godoy in August 2009, after the blogger published an article that included links to criminal allegations levelled against Mufarech by other media sources. The article reported accusations that he had threatened another politician, Julio Arzibu. The controversial links appeared only in the first paragraph of the piece, and Godoy claims were included simply to contextualise the piece.

Godoy allowed Mufarech right of reply, publishing a letter from the former congressman and his own subsequent response, which explained why he thought the links were justified. But despite this, the politician claimed one million dollars in compensation for defamation.

Godoy had merely referred to Mufarech’s public past, so it came as a surprise when Flor La Rosa, in reference to the “political jewel” remarks, condemned the journalist for a “systematic campaign of defamation”. A completely different legal argument to that originally brought by the politician. It is hard to imagine what the ruling would be if Godoy had called Mufarech something really insulting.

It is worth noting that the judge is affiliated to APRA (American Popular Revolutionary Alliance), the political party at the head of the Peruvian government and Desde el Tercer Piso is well-known for its government criticism. Godoy will of course appeal the court’s decision. His lawyer, Roberto Pereira, has said that the lack of legal substantiation and the excessive nature of the sentence constitute a blow against press freedom, unprecedented in the country’s history.

Peru is holding elections in April 2011. This case represents a danger to free expression at a time when it is more important than ever. In the words of José Alejandro Godoy, “everyone, not only me, could be a victim of an absurd ruling like this one.” Mufarech has a history of defamation complaints — Susana Villarán, who is likely to be the next mayor of Lima, is currently under investigation — but this is the first defamation case Mufarech has won. So who will be next, Mr Mufarech?

Angel Garcia Catala works for free expression monitor Instituto Prensa y Sociedad (IPYS)