“Ley Lleras 2.0”: ausencia de deliberación democrática

La VI Cumbre de las Américas celebrada en Cartagena, sus largos preparativos y exiguos resultados, los análisis de sus defensores y detractores, el gran escándalo en el que estuvieron involucrados agentes del servicio secreto norteamericano en la ciudad amurallada, y por supuesto otras tantas noticias nacionales e internacionales, impidieron que el país conociera la manera como el pasado 10 de abril fue aprobado el proyecto conocido hoy como «Ley Lleras 2.0».

La falta de deliberación y de análisis crítico que caracterizó la sesión de ese día en la plenaria de la Cámara de Representantes, me recordó aquellas épocas que creía superadas, donde los proyectos pasaban a «pupitrazo limpio» en el Congreso de la República. No hubo debate, ni cuestionamientos de fondo, era urgente la aprobación de esta ley, puesto que el presidente Juan Manuel Santos quería sancionarla en el escenario de la Cumbre y entregarla como un presente más al presidente Barack Obama. Se impuso «la operación aplanadora» de la llamada Unidad Nacional que de manera obediente aprobó una ley que tiene muchos problemas.

Preocupa, por ejemplo, el artículo 13, que prohíbe la retransmisión de contenidos de televisión sin permiso del autor, al afectar el uso educativo y cultural que la ciudadanía suele darle a documentales, programas, videos producidos por distintas empresas. El artículo 19 viola el derecho a la intimidad, al permitir a autoridades administrativas tener acceso a la información de presuntos infractores. Preocupa así imismo, el artículo 21, que reduce del 50% al 30% la llamada «cuota de pantalla» de las producciones nacionales durante los fines de semana, favoreciendo así las producciones extranjeras, las que coloquialmente se conocen como «enlatados». En este sentido, en lugar de legislar a favor de los derechos de las y los colombianos, actores, artistas, dramatizados y programas nacionales, terminamos beneficiando a las grandes corporaciones e industrias norteamericanas del entretenimiento.

Nada de eso fue debatido a profundidad en el Congreso. No se tuvieron en cuenta los argumentos presentados por académicos, expertos, y por miles de ciudadanos que acuden a Internet, cuyas ideas y experiencias podrían haber servido para proponer artículos y modificaciones que en lugar de prohibir el uso libre y responsable de los contenidos digitales, sirvieran para regular pedagógicamente prácticas que violan los derechos de autor. Porque sin duda es importante proteger los derechos de los artistas, literatos, poetas o productores de cine en Colombia, pero «no a costa de la cultura, la innovación, el desarrollo y la educación», como lo señaló la abogada colombiana Carolina Botero, Relatora Especial para la Libertad de Expresión de la Comisión Interamericana de Derechos Humanos, quien vela por la protección, la promoción de la libertad de pensamiento y de expresión en la Región.

Por eso no sorprende que la «Ley Lleras 2.0» haya sido demandada ante la Corte por vicios de inconstitucionalidad. El proyecto debió haberse tramitado a través de la Comisiones Primeras de la Cámara y del Senado, y debió haberse presentado como una Ley Estatutaria. Tampoco sorprenden las protestas de quienes reclaman -con razón- su derecho a la información, al conocimiento, a la libertad de expresión y a la democratización de los medios de comunicación alternativos. En cientos de mensajes a través de twitter, facebook, correos electrónicos, ciudadanas y ciudadanos quienes participan activamente en las redes de Internet y retransmiten mensajes, videos, productos televisivos, señalan que esta ley puede ser una forma de censura que solo beneficia los inmensos intereses económicos de las multinacionales.

La ausencia de deliberación que caracterizó el trámite de este proyecto debilita aún más los niveles de confianza y credibilidad que la sociedad le confiere al máximo órgano representativo del poder legislativo en Colombia. Por el bien de nuestra democracia, exijamos que el Congreso de la República, y en particular la llamada coalición de Unidad Nacional, sea mucho más que una máquina productora de leyes, mucho más que el unanimismo que tanto daño nos ha hecho y que en este caso legisló en contra de los intereses de ciudadanas y ciudadanos en nuestro país.

Columna de opinión para La Patria

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