Bill 45.

Summary.

The bill seeks to protect people against digital and media related sexual violence through preventive measures, penalties and investigative tools. It declares the subject a matter of social interest and directs measures under the proposed law toward preventing, addressing, punishing and eradicating such conduct. Its scope covers acts directed at women, men and minors. It calls for interpretation in accordance with the Political Constitution of the Republic (Constitución Política de la República), the laws, the human rights treaties or conventions mentioned in relation to the Republic of Panama (República de Panamá), and the Budapest Convention on Cybercrime.

The text describes digital sexual violence as conduct committed, instigated or aggravated through information and communication technologies with the aim of causing physical, psychological, economic, sexual or moral harm to a person or their family group. It also defines the intentional distribution, without consent, of real or simulated intimate images, audio or videos when it harms private life, personal image, or psychological or emotional well-being. Further definitions cover media related violence, information and communication technologies, sexting and cyberharassment. The bill refers punishment for digital and media related sexual violence to the Criminal Code (Código Penal).

For minors, the bill proposes additional protections: a rapid response protocol for the authorities and school modules on online safety and the effects of digital violence. Competent authorities would conduct campaigns also directed at parents and educators and promote applications with security measures. The Ministry of Education (Ministerio de Educación) would establish programs on digital literacy, sound practices and identification of digital sexual violence in comprehensive sexuality education, other educational content and teacher training.

For investigations, the bill provides for artificial intelligence to detect and flag possible cases, international cooperation mechanisms and periodic audits of companies operating digital platforms. During an investigation, the intervening authority would order the alleged perpetrator to stop acts of disturbance or intimidation and prohibit contact with the victim through information and communication technologies, instant messaging or other digital channels. It would also issue written or electronic orders to platforms, social networks or websites to remove content constituting digital or telematic violence, identifying the specific URL.

Programs and actions would be funded through budgets authorized for state entities and autonomous institutions. The bill provides for an interinstitutional commission to promote and monitor the programs. It also calls for strengthening the Institute of Legal Medicine and Forensic Sciences (Instituto de Medicina Legal y Ciencias Forenses), the Secretariat for Children and Adolescents (Secretaría de la Niñez y Adolescencia), and the Ministry of Education in their respective roles. The proposed law would be reviewed and updated every two years.

Article 12 adds Article 178 A to the Criminal Code. It would impose three to six years of imprisonment for using technology to distribute real or simulated intimate sexual or nude content without consent, approval or authorization when it causes the specified harm. The penalty could increase by up to one third where the offender has or had an intimate relationship with the victim, acts for profit or for specified motives, targets a minor, uses false accounts, or where the victim has a disability or is unconscious. Article 14 repeats the addition. The Executive Branch would issue implementing regulations within six months of the law taking effect, which the bill sets at six months after promulgation. The proposal concerns investigative and education authorities, the named public bodies, digital platform operators, social networks and websites, as well as schools and families.