The Chilling Effect: How Peru’s New Law Signals a Global Trend Threatening Investigative Journalism
Nearly $720,000. That’s the potential fine facing Peruvian NGOs – including vital, independent newsrooms – under a new law designed to scrutinize foreign funding. The “APCI Law,” enacted in April, isn’t simply about transparency; it’s a calculated move to silence critical voices and control the narrative, a tactic increasingly employed across Latin America and beyond. This isn’t just a Peruvian problem; it’s a warning sign for anyone who values a free press and accountable governance.
A New Era of Censorship by Decree
The APCI Law grants the Peruvian Agency of International Cooperation (APCI) broad authority to approve or reject projects funded by international sources. The stated aim, according to former President Dina Boluarte, is to prevent NGOs from acting “against the interests of our country.” However, journalists and civil society groups rightly see this as a thinly veiled attempt at censorship. As Fabiola Torres, director of Salud con Lupa, powerfully states, “The state has the power to decide what can be investigated. It’s censorship disguised as law.”
Five Peruvian investigative media outlets – Salud con Lupa, IDL-Rores, OJO Público, Convoca, and epicentro TV – are currently challenging the law in court, arguing it violates international human rights treaties and constitutes prior censorship. Their legal battle, filed as acciones de amparo, is a crucial test case, not just for Peru, but for the future of independent journalism in a region facing increasing authoritarian pressures.
The Erosion of Funding for Independent Media
The APCI Law is part of a disturbing trend. Across Latin America, governments are increasingly targeting organizations that rely on foreign funding, often labeling them “foreign agents” – a deliberate attempt to discredit and delegitimize their work. El Salvador recently passed a similar law requiring registration and imposing a hefty 30% tax on foreign funds. Nicaragua implemented a similar measure in 2020, and Venezuela has criminalized international funding for investigative journalism since 2010.
This reliance on international support isn’t a matter of choice for many outlets. Local funding for independent, investigative journalism is often scarce, particularly for reporting on sensitive issues like corruption, environmental crimes, and public health. Organizations like the U.S. Agency for International Development, the European Union, UNESCO, and private foundations like Open Society and the Ford Foundation provide a lifeline for these crucial voices. Cutting off this funding effectively silences them.
The Rise of “Foreign Agent” Laws: A Global Pattern
Peru isn’t operating in isolation. The trend of labeling independent media as “foreign agents” is spreading globally, often fueled by disinformation campaigns and a desire to control the flow of information. These laws are rarely about genuine national security concerns; they are about suppressing dissent and shielding those in power from scrutiny. This echoes historical tactics used by authoritarian regimes to stifle opposition and maintain control.
Beyond Peru: The Implications for Investigative Journalism
The APCI Law and similar legislation have far-reaching implications. They create a chilling effect, discouraging journalists from pursuing sensitive investigations for fear of reprisal. They divert resources away from reporting and towards bureaucratic compliance. And they undermine the public’s right to know.
The impact extends beyond media. NGOs working on human rights, environmental protection, and other critical issues are also affected, hindering their ability to hold governments and corporations accountable. This ultimately weakens democratic institutions and erodes the rule of law. The Committee to Protect Journalists documents a consistent rise in attacks on journalists globally, often coinciding with the implementation of restrictive laws like the APCI Law.
The Future of Funding: Diversification and Resilience
What can be done? The first step is to support the legal challenges to these laws, as the Peruvian media outlets are doing. But a longer-term solution requires diversifying funding sources for independent media. This includes exploring alternative revenue models, such as reader subscriptions, crowdfunding, and philanthropic support from local donors. Building resilience also means strengthening collaboration between investigative journalists and organizations across borders, sharing resources and expertise.
The fight for a free press is a fight for democracy itself. The APCI Law in Peru is a stark reminder that these freedoms are not guaranteed and must be actively defended. The coming months will be critical as Peru’s constitutional courts weigh the fate of the law, but the broader battle for independent journalism is just beginning. What steps will you take to support independent reporting in your region and beyond?
