Since yesterday it is debated in Congress the reform of the Penal Code proposed by the Government of Mariano Rajoy, to you approve if there are no surprises the coming week with an absolute majority of the Popular parliamentary group and the opposition of almost all remaining parliamentary groups. In the new version they have seized to include specific terms for download of protected content, penalties for Revenge Porn and limitations for activism (including Cyber).
One of the most controversial amendments, which considered crime visiting jihadist Web sites, It appears that it will stay out of the new Penal Code Although it is not completely discarded: this and the rest of amendments related to terrorism PP and PSOE will discuss them jointly to publish an organic law of consensus later. How does Internet then the reform of the Penal Code proposed? Then we make a summary:
Child pornography: be careful with the sex you see
The most controversial section of the new wording of article 189 is that is the definition of child pornography, including in this same:
All material that represents visually to a person who seems to be a minor participating in a real or simulated, sexually explicit conduct, or any representation of the sexual organs of a person who appears to be a minor, primarily sexual purposes, unless the person who seems to be a minor may be actually be eighteen years or older at the time of obtaining images.
One speaks about “represented” material whose protagonist “seems to be a minor”, except in the case that the person “is actually be eighteen years or older”. Carlos Almeida, Attorney experienced in new technologies, explains the problems of this writing: what’s with the hentai and other material where pornography is simulated and not real? In addition, explains that “access to a website with explicit sex, who seems to be a minor may be cause of arrest and trial”, and if a case is given as well, and an actor who plays the child is really “there to try and win the trial”.
Copyright and downloads
Although it has already approved the reform of the law of intellectual property, the new Penal Code also provides for cases of infringement of copyright with a sentence of six months to four years in prison for those who, among other things, “to provide access or location” of works that are sharing without permission of the owners of their rights and to act “with the aim of obtaining a direct or indirect economic advantage. With “easy access” refers both to those that host content such as those who are limited to link it.
“In these cases the order of removal of content arranged by the judicial authority will be referred both to the removal of the files containing the work or subject-matter of links or other means from the same location,” explains the CP
Another very controversial point is that refers to those who “intentionally stored copies of the works” to be used for public communication, something that will be crime. In paragraph c of the fragment of the article 270 then quoting also mentioned prison sentences for those who provide methods or systems for remove DRM or copy of certain content protections.
They will be punished with the penalties provided for in the two preceding paragraphs, at their respective cases who:
(a) export or intentionally stored copies of works, productions or executions referred to in paragraph one of this article, including digital copies of the same, without the above authorization, when they were intended to be reproduced, distributed or communicated publicly.
(c) encourage or facilitate the realization of the conduct referred to in paragraphs 1 and 2 of this article by removing or modifying, without authorization from the holders of the rights of intellectual property or their assignees, effective technological measures incorporated by them in order to prevent or restrict its realization.
It will be also punished with a penalty of imprisonment from six months to three years who, with a commercial purpose, manufacture, import, place in circulation or have any medium primarily designed, produced, adapted or performed to facilitate the unauthorized removal or neutralization of any technical device used to protect computer programs or any of the other works performances in the terms provided for in paragraph 1 of this article
Coup to Revenge Porn
The PP had warned that the new criminal code is would provide penalties for those who practiced the so-called Revenge Porn or the dissemination of intimate images without the consent of its protagonist. So it has been with the new wording of article 197, which relate to sentences of three months to one year for this kind of behaviour. Sentence time depends on, among other things, the degree of affection between which commits the crime and the victim.
Shall be punished with imprisonment from three months to one year or a fine of six to twelve months, which, without the authorization of the person concerned, spread, disclosing or transferring to third images or audiovisual recordings from that which would have been obtained with their consent in a home or anywhere else away from the eyes of third parties When reporting seriously undermine personal privacy of that person.
The penalty shall be imposed in its upper half when the acts had been committed by the spouse by person who is or has been connected to it by similar relation of affectivity, even without living together, the victim was under age or a person with disabilities in need of special protection, or the facts had been committed for lucrative purposes.»
Putting the Cyber door
Although the Government has in place the law of citizen security (known by many as a gag law due to the restrictions posed by), the new Penal Code also include sentences of between three months and one year to those who emit “messages or slogans” by any means (including Internet) to “incite some of the crimes of disturbing the public order” , including “disturbing public peace”. Bad times to be activist.
Distribution or public dissemination, by any means, of messages or slogans that incite to the Commission of any of the crimes of disturbing the public order of Article 557 bis of the criminal code, or which serve to reinforce the decision to carry them out, will be punished with a fine of three to twelve months or imprisonment of three months to one year.
Reform “light” for cyberterrorism… for now
The reform of the Criminal Code proposed by the Government, is an offence the “enhancement” or “justification” of crimes It is committed against a person or a group for “by reason of their belonging to one due to racist, anti-Semitic or other related to ideology, religion or beliefs, family situation, membership of its members to an ethnic group, race or nation, national origin, gender, orientation or sexual identity, disease or disability”.
In these cases it is a term of imprisonment of six months to two years and a fine of six to twelve months, as set out in section 510. In addition, if the offence is committed “through a portal of Internet access or the information society service” or spreads through them, “will be ordered to block access or the interruption of the provision of the same”.
The PP has withdrawn the amendments related to terrorism, since they pactarán an organic law with the PSOE
In the amendments proposed by the Popular parliamentary group still went beyond. Among other things, they proposed to consider crime frequently visit pages which “resulted ideal for inciting others to reinforce the decision of joining an organization or terrorist group”. This section received much criticism for its ambiguity, and I speak in past because apparently the PP has withdrawn amendments following an agreement with the PSOE. The idea of both groups is to “SUP” measures against jihadism in the form of urgent law, although not finger have more details.
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