El Diario Oficial de la Federación (DOF) publicó este martes un decreto que adiciona diversas disposiciones a la Ley General de Acceso de las Mujeres a una Vida Libre de Violencia y al Código Penal Federal, en materia de violencia digital y mediática.

Se adicionó a la citada ley un capítulo IV Ter denominado «De la Violencia Digital y Mediática» al Título II, compuesto por los artículos 20 Quáter, 20 Quinquies y 20 Sexies. Estas reformas legales mejor conocidas como Ley Olimpia entran en vigor el día de hoy.

La reforma legal establece como violencia digital “toda acción dolosa realizada mediante el uso de tecnologías de la información y la comunicación, por la que se exponga, distribuya, difunda, exhiba, transmita, comercialice, oferte, intercambie o comparta imágenes, audios o videos reales o simulados de contenido íntimo sexual de una persona sin su consentimiento, sin su aprobación o sin su autorización y que le cause daño psicológico, emocional, en cualquier ámbito de su vida privada o en su imagen propia”

“Así como aquellos actos dolosos que causen daño a la intimidad, privacidad y/o dignidad de las mujeres, que se cometan por medio de las tecnologías de la información y la comunicación”.

Asimismo, estipula que “violencia mediática es todo acto a través de cualquier medio de comunicación, que de manera directa o indirecta promueva estereotipos sexistas, haga apología de la violencia contra las mujeres y las niñas, produzca o permita la producción y difusión de discurso de odio sexista, discriminación de género o desigualdad entre mujeres y hombres, que cause daño a las mujeres y niñas de tipo psicológico, sexual, físico, económico, patrimonial o feminicida”.

Respecto de las modificaciones al Código Penal Federal, se incorpora el capítulo II denominado «Violación a la Intimidad Sexual» al Título Séptimo Bis denominado «Delitos contra la Indemnidad de la Privacidad de la Información Sexual», compuesto por los artículos 199 Octies, 199 Nonies y 199 Decies.

Se señala que “comete el delito de violación a la intimidad sexual, aquella persona que divulgue, comparta, distribuya o publique imágenes, videos o audios de contenido íntimo sexual de una persona que tenga la mayoría de edad, sin su consentimiento, su aprobación o su autorización.

“Así como quien videograbe, audiograbe, fotografíe, imprima o elabore, imágenes, audios o videos con contenido íntimo sexual de una persona sin su consentimiento, sin su aprobación, o sin su autorización”. Las sanciones contemplan de tres a seis años de prisión y una multa de 500 a mil Unidades de Medida y Actualización.

Los Congresos de las entidades federativas en el ámbito de sus competencias, contarán con un plazo de 180 días a partir de la entrada en vigor, para realizar las adecuaciones legislativas que correspondan.

[Te puede interesar: La Ley Olimpia y la Violencia Digital]

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