He Plenary of Congress approved the opinion fallen to bills 6573/2023-CR, 7072/2023-CR, 8746/2024-CR and 10525/2024-CR, which propose to modify the Criminal Code, Legislative Decree 635, and Law 30096, Law of Computer Crimes, to include as aggravating in the commission of crimes the use of artificial intelligence (ia).
This initiative was approved with 99 votes in favor, three against and three abstentions. The initiative was exonerated from a second vote with 88 votes in favor.
Criminally sanctions those who use technologies based on artificial intelligence, including deep falsifications (Deepfakes) or any multimedia content for purposes related to child pornography, defamation, among other crimes.
The initiative indicates that the judge can increase the deprivation of liberty even in a third above the legal maximum set for any of the crimes, such as those who use artificial intelligence or similar or analogous technologies.
“The Executive Power, through the Presidency of the Council of Ministers and the Ministry of Justice and Human Rights, issues the additional regulations necessary for the application of the modifications provided in this Law within a period of 60 calendar days from its entry into force,” it is indicated.
The initiative was supported by Isaac Mita Alanoca, president of the Justice and Human Rights Commission. He noted that the proposal is important because regulating criminal issues linked to artificial intelligence, which is a field that is evolving.
“The main challenges that this technology faces are the breach of personal data protection laws, the violation of intellectual property, discrimination and cyber harassment, among others, so it urgently requires a regulatory framework that sanctions its poor implementation,” he explained.
For her part, the Popular Action Legislator, María del Carmen Alva, said that the misuse of artificial intelligence puts many fundamental rights at risk. In addition, he said that Peruvian regulations have to be updated and severely sanctioned to those who commit a crime through that medium.
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