The period is clear: two years. But the real difficulty of the article lies not in the period but in the quality condition attached to it.
The Text
The paragraph added to Art. 10 of Law No. 5187 by Law No. 7418: content published on an internet news site is retained for two years, with accuracy and integrity ensured, so as to be delivered where necessary to a requesting public prosecutor's office.
| Element | Content |
|---|---|
| Scope | Published content |
| Period | Two years |
| Quality | With accuracy and integrity ensured |
| Purpose | Delivery to a requesting public prosecutor's office |
What "Accuracy and Integrity" Requires
The Law asks not simply that the content still exist but that it be retained in a state whose accuracy and integrity is ensured. In practice that turns a simple database backup into an insufficient answer.
- Is every published version stored separately, or does only the latest state remain?
- Is the archive record kept without the content being altered? Is an integrity digest produced?
- Does a story removed from the site remain in the archive?
- In what format can the archive be delivered if a request arrives?
- How much disk space does a two-year archive occupy?
Judicial Notification: Indefinite Extension
The third paragraph added to the same article layers an open-ended duty on top of the two-year period: where the judicial authorities notify an internet news site in writing that a publication is the subject of an investigation or prosecution, the record of that publication must be retained until notification that those proceedings have concluded.
The Sanction
Art. 17 was amended by Law No. 7418: the responsible editor of an internet news site who fails to perform the delivery and retention duty is punished with a heavy fine. The addressee is the responsible editor directly.
A Similar Provision in Law No. 6112
There is a parallel arrangement on the broadcasting side: Law No. 6112 requires the record of a broadcast that is the subject of an investigation or prosecution to be retained until the competent authorities notify the media service provider in writing that the investigation or prosecution has concluded.
Checklist
- Is the archive version-based? Does the state before an update remain?
- Is an integrity digest produced for each record?
- Do removed stories remain in the archive?
- Can records subject to a judicial notification be flagged against deletion?
- Can the archive be exported? In what format?
- Has the two-year storage requirement been calculated?
- Is access to the archive logged - who looked at what and when?
We gathered all the obligations with their bases in the compliance checklist.
Summary
- Internet news site content is retained for two years with accuracy and integrity ensured, to be delivered to a requesting prosecutor's office.
- The record of a publication notified in writing as the subject of an investigation or prosecution must be kept until those proceedings conclude.
- The addressee of the duty is the responsible editor and the sanction is in Art. 17.