PERU

On December 2, Congressman Alejandro Soto Reyes (Alianza para el Progreso – opposition) presented an initiative to enact the General Internet Law. The text proposes that the State regulate at a national level the right to Internet access for the population and promote its self-regulation. It also establishes provisions regarding net neutrality, the offer of services through digital platforms and measures on e-commerce contracts. It is expected that the text will be referred to committee in the short term to begin its legislative debate.

The initiative mentions that the guarantee of the provision of internet as a public service must be established, through the integration of a nationwide fiber optic network to ensure broadband connectivity throughout the territory. At the same time, it aims to regulate Internet Service Providers (ISPs), which are defined as companies that commercialize products through the Internet or offer financial transaction services, among others. These providers, according to the text, will be able to provide their services without any type of restriction, except for legislative or judicial measures that regulate the broadcasting of commercial advertising or the protection of personal data and intellectual property.

The bill contains provisions on electronic commerce, including the consideration of the acceptance of the rules provided in the “terms and conditions” in a digital platform as an electronic consumer contract. Also, the text considers that the manifestation of will in this type of contract can be made expressly or tacitly, and by any digital or electronic means. It also allows the consumer to cancel a contract without any penalty.

On the other hand, two congressmen of the party Alianza para el Progreso presented two bills to amend the Peruvian Constitution in terms of guaranteeing the right of access to the Internet in the Magna Carta. The first bill, presented by Julon Irigoin, proposes that Article 14 of the Constitution include as a duty of the State the promotion of Internet access and information technology training. The second initiative, presented by Soto Reyes, reforms Article 2 to mention that all persons have the right to access the Internet with the protection of the State.