Number of LATAM projects as of December 2021
| COUNTRIES | PROJECTS | |
|---|---|---|
| ARGENTINA | 7 | |
| BRAZIL | 28 | |
| CHILE | 3 | |
| COLOMBIA | 14 | |
| ECUADOR | 2 | |
| GUATEMALA | - | |
| MEXICO | 13 | |
| PARAGUAY | 2 | |
| PERU | 2 |
Topics of bills presented between July and December 2021
| Access to information | 6.9% | |
| Bullying | 10.3% | |
| Apologia | 5.2% | |
| Freedom of expression | 8.6% | |
| Equality and non-discrimination | 17.2% | |
| Internet Access | 1.7% |
| Privacy | 1.7% | |
| Protection of minors | 15.5% | |
| Reputation and honor | 5.2% | |
| Content moderation | 5.2% | |
| Gender Violence | 5.2% | |
| Indigenous rights | 3.4% | |
| Fake News | 1.7% |
Topics of bills presented between July and December 2021
| Access to information | 4.8% | |
| Bullying | 9.5% | |
| Apologia | 4.8% | |
| Freedom of worship | 1.6% | |
| Equality and non-discrimination | 15.9% | |
| Official advertising | 4.8% | |
| Fake News | 1.6% | |
| Protection of minors | 14.3% | |
| Reputation and honor | 4.8% | |
| Content moderation | 4.8% |
08/12
The lawyer Valeria Carreras presented before the Argentine Congress a bill of law which aims to penalize denialist speeches. The penalties would be applied to those who "deny, justify, minimize, make apology or glorification of crimes against humanity that occurred in Argentina in the period between March 24, 1976 and 30-10-1983 committed by State agents." This initiative follows the line of other similar projects presented in the past during this year and that we have already mentioned in other bulletins: this article y this article. From the Center for Studies and Freedom of Expression we recommend reading the analyzes carried out by Ramiro Alvarez Ugarte y Emiliano Vitalini on this topic.
APOLOGY CRIMES AGAINST HUMANITY
13/12
The governor of Jujuy, Gerardo Morales, reportedly infiltrate to a police officer (Ezequiel Rosales) in Radio Pueblo, a community medium, for 3 years. This espionage activity was discovered by a neighbor who alerted the radio. Rosales was appointed as an agent in February 2019 (retroactive to June 2015) and is part of the permanent staff of the Province Police. The National Alternative Media Network has stated that this situation is framed within a general context of harassment and persecution against opposition sectors in the provinces.
FREEDOM OF THE PRESS
16/12
The National Institute against Discrimination, Xenophobia and Racism (INADI) manifested his concern and rejection of the hateful manifestations against journalists from Radio Con Vos, in full broadcast of the program Pasaron Cosas. On the occasion of said program, a group of people allegedly threatened the journalist Alejandro Bercovich and part of his team with anti-Semitic slogans and carrying Nazi symbols. In addition, they claimed to be against his views on the Health Pass. INADI stated: “On the one hand, it is worrying that in the face of the exercise of freedom of expression and the call for social responsibility that a global pandemic implies, attitudes arise that increase the risk of the health situation. But even more worrying is that these messages are accompanied by hate speech and anti-Semitic demonstrations, which demonstrate the same basis of violence and intolerance. "
DISCRIMINATION FREEDOM OF EXPRESSION FREEDOM OF THE PRESS
29/11
The Civil Court of the Barra da Tijuca Regional Forum dismissed the precautionary measure filed by actress Letícia Spiller against Google to remove 72 links linked to her from its search engine. The plaintiff alleges damage to the image as a consequence of the posting of allegedly distorted and biased information on the internet. The plaintiff alleged damage to the image as a result of the allegedly distorted and biased information dissemination on the internet, which shows that she supports the actor and comedian Marcius Melhem, accused of harassment. By rejecting the request, the judge notes that the defendant does not have the obligation to remove the content and does not even have the means to do so, since the indicated content is hosted on third-party domains. Furthermore, it claims that Google would only be "the owner and operator of a search engine, not a hosting provider or content provider". The magistrate also explains that "there is nothing that, at first glance, should be eliminated in the journalistic material to which the links are directed"
LIABILITY OF INTERMEDIARIES PRIVACY
01/12
El Working Group for the Improvement of Brazilian Legislation - Internet (GTNET) approved the report with a proposal for a substitute text of the PL No. 2.630 / 2020 (Bill to combat Fake News), which will be processed in the Chamber of Deputies. The proposal had already been voted on and approved in November, but its result was annulled for procedural reasons. Among the amendments presented by the rapporteur complement, Deputy Orlando Silva, is article 15 on the due process of procedure that (i) defines that the application of the platform's rules in the moderation of content refers to its terms of use , (ii) establishes a minimum period during which a channel must be available for the user to consult information about the moderation of content in their account, and (iii) obliges the platforms to immediately revoke the moderation measures applied if the request for review is granted. In addition, art. 22 was modified to expand the list of public interest accounts of public servants and to change the wording of the rule that prohibits public interest accounts from restricting the viewing of their publications by third parties. The approved text must go to plenary discussion.
FAKE NEWS CONTENT MODERATION
03/12
The Minister of the Supreme Federal Court, Alexandre de Moraes, responded to the request of the Parliamentary Investigation Commission (CPI, in Portuguese) of the Pandemic and opened an investigation to the Court to investigate the manifestations of the President of the Republic in relation to Covid-19. The final CPI report highlighted Jair Bolsonaro's claims of downplaying the pandemic and spreading false information about vaccines. Consequently, they suggested charges for the practice of common crimes (epidemic resulting in death, failure to comply with preventive health measures, charlatanism, incitement to crime, falsification of private documents, irregular use of public funds and embezzlement), as well as crimes of responsibility ( violation of social rights and incompatibility with the dignity, honor and decorum of the position). For the STF minister, the president's actions on vaccines adopt the modus operandi of mass dissemination on social networks, so investigative measures to clarify the facts would be essential.
FAKE NEWS
03/12
Two Colombian media associations denounced that in the presentation for the last debate of the anti-corruption bill (Bill No. 369 of 2021 of the Chamber and 341 of 2020 of the Senate) an article was included that created the crime of libel and slander against officials or former public officials. The article established penalties of up to ten years in prison and fines of up to 1500 times the minimum wage. The proposal generated the rejection of citizens in social networks, where it was baptized "Gag Law." Several Civil society organizations They also called on Congress not to approve the article, for the dangers that it generated for the exercise of freedom of expression. Despite this, the article was approved on December 6. Upon approval, President Iván Duque argued that he would object the article included in the bill. However, the article was eliminated before being sent for presidential approval in the conciliation of the bill carried out in Congress after its approval.
FREEDOM OF EXPRESSION CALUMNIES AND INJURIES
08/12
News One announced that the Attorney General's Office ordered an inspection of their files. This order puts at risk the protection of the journalistic source reserve, guaranteed by the Colombian constitution. Noticias Uno is a well-known news item from the Independent Network, a medium critical of the current Colombian government. The Prosecutor's Office ordered the inspection in the framework of an investigation for a crime that had already prescribed, committed by someone outside the environment. The inspection sought to obtain the video of a broadcast of the October 2013 newscast that is publicly available on the internet. Media and civil society organizations they rejected the order.
FREEDOM OF THE PRESS
16/12
The Ministry of Foreign Affairs and the Ministry of the Interior presented a bill to approve the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance. This convention establishes the obligation of the State to prohibit the publication, circulation or dissemination, by any form and / or means of communication, including the internet, of racist or discriminatory material.
DISCRMINATION
30/11
The digital journalism portal La Posta conducted a series of investigations into the massacres in Ecuadorian prisons that even led to them being admitted to the most violent penitentiary in Guayaquil. Recently, the journalist Anderson Boscán published a call in which an unidentified person warned him that a group of people were following him and that he will take care of him and his wife. It is known that the Government offered security measures. This is a critical event in the context of the difficulty of journalistic coverage within prisons, which contributes to the general ignorance of what is happening inside.
FREEDOM OF THE PRESS
16/12
Canton Zaruma, in southern Ecuador, is a picturesque town characterized by intense legal and illegal mining activity. Recently, it suffered a crisis due to the collapse of some buildings that caused injuries and destruction of buildings. In this context, the governor of the province arrived late to an event and, faced with questioning from the citizens, ordered that they keep quiet in an intimidating tone. Subsequently, and before the public scandal due to the act of limitation to freedom of expression, he presented his resigns
FREEDOM OF EXPRESSION FREEDOM OF THE PRESS
21/12
The Guatemalan Association of Journalists (APG) issued a release in this month of December (No. 48-12-2021), whereby the Press Freedom Commission condemns the judicial harassment and attempted censorship against Mr. Oscar Clemente Marroquin and Pedro Pablo Marroquín, president and general editor from the newspaper La Hora, respectively, promoted by Alejandra Carrillo, former deputy and current director of the Victim Institute, in complicity with magistrates from a femicide room; Repressive actions that originate in the investigations and publications that the medium carries out on the possible acts of corruption of the official. Among other measures, the aforementioned Chamber issues orders by which "they prohibit journalists from disturbing or intimidating the official and her family circle." This resolution occurs in the same context, according to AGP, of the persecution criminal law that the Attorney General of the Republic took against the journalist Juan Luis Font, of the medium "Con Criterio", and the president of "elPeriódico", Jose Ruben Zamora, in order to persecute critical voices and hinder journalistic work in court. According to AGP, these cases clearly denote actions that seek to limit freedom of expression and to prostitute justice, as well as to implant an authoritarian regime that prohibits citizen rights and freedoms. The Press Freedom Commission reiterated its condemnation of the spurious use of criminal law and an important norm such as the Law Against Femicide to persecute media and journalists arguing “psychological violence” against some women who hold public office and who are accused of acts of corruption.
FREEDOM OF THE PRESS
28/11
Groomers, a term used to define adults posing as minors to commit sexual harassment, are lurking on social media and chat rooms. In order to unmask these types of people, a interesting project that uses as a tool an audio file audible only by children and adolescents.
GROOMING
29/11
According to the latest publications of the Central Bank of Paraguay, electronic transfers by Sipap (system of transfers between bank accounts or cooperatives) have been increased reaching about 2 and a half million transactions in a month in October. The other data is that the average amount of these transactions has been significantly reduced. Therefore, it can be said that the Paraguayan population begins to use digital systems to collect and pay hand in hand with an increase in the opening of bank or financial accounts, or electronic wallets that offer multiple services such as payment for purchases, electricity, water, fees, etc., and money orders and transfers that allow citizens to manage themselves by substituting the use of cash.
CONNECTIVITY
10/12
The President of the Republic of Paraguay, Mario Abdo Benítez, participated in the Summit for Democracy, in which he highlighted freedom as the basic foundation of democracy, in addition to point Corruption, weak Justice and fake news as points of discontent. "A false news can become an assumed truth in minutes, the so-called fake news are not random, they are designed and coordinated with a very clear intention, to destabilize, generate hopelessness or disenchantment and the most alarming thing is that many prefer to remain false rather than looking for the truth, "he said.
FAKE NEWS DEMOCRACY
06/12
On December 6, 2021, the Ombudsman's Office presented a report on the first 120 days of Pedro Castillo's government, in which it is concluded that the Executive violated standards on freedom of expression and information. The document concludes that the president “does not guarantee the free work of the press, especially when it addresses issues related to its management”. Also I know notes that the authorities "they maintain a discourse aimed at attacking certain communication media that develop an uncomfortable or annoying information line to their interests, as well as negative decisions or attitudes that constitute obstacles to the normal exercise of journalistic work".
FREEDOM OF EXPRESSION
20/12
Various civil society organizations that make up the "Vigilantes Platform" presented a report which assesses the fulfillment of President Pedro Castillo's commitments regarding “democratic values and the constitutional State of Law”During his first 120 days of government. The document states that “the overall result shows a negative balance"With 8"very serious alerts”Which includes freedom of the press. Regarding this scope of commitments, the President of the Republic has failed to comply with two indicators: (i) “not to implement any mechanism to control, prohibit or sanction content (…) Not to discriminate against the media and journalists (…)", And (ii)"(…) Do not exercise physical violence against journalists (…) Facilitate the access of the press to official government activities. (…)”. This is due to the fact that the majority of the media has restricted access to public institutions and the constant attacks on journalists by its security team. In addition, the pro-government parliamentary bench presented a bill to take control of the media during a state of emergency.
FREEDOM OF THE PRESS
