Perú face a lawsuit before the international human rights protection body for the violation of the right to information and freedom of expression
The facts date back to May 2015, when Erick Iriarte Ahon, a Peruvian lawyer specialized in digital law, realized that he had been blocked on the social network by the Prime Minister of Peru. Although the case was reported to the national authorities, judges did not resolve in favor of transparency.
For Iriarte “if Twitter is used as a tool to inform about official business, that information must be accessible under the transparency and access to information law. Otherwise, we´ll be allowing to hide public information in private instruments.”
Despite the arguments, the Peruvian Constitutional Court determined that public officials, even if they use social media to inform about their official business, are not obliged to interact with anyone they do not want in their personal accounts, noting that this would undermine their right to freedom.
The ruling was issued two months after the US Court of Appeals established that President Trump cannot block citizens on Twitter. Mexico´s Supreme Court issued a similar ruling in March, ordering the Attorney General of the State of Veracruz to unblock a journalist.
“There is a need to establish standard criteria in America on this matter. This case gives the IACHR the opportunity to extend its case law on freedom of expression to the digital era”, said Dania Coz, Iriarte & Asociados lawyer in charge of the lawsuit.
The petition is still in the admissibility stage and has been assigned the preliminary registration number P-2083-19.
Full Case here
Iriarte & Asociados