Number of LATAM projects as of June 2021
| COUNTRIES | PROJECTS | |
|---|---|---|
| ARGENTINA | 20 | |
| BRAZIL | 19 | |
| CHILE | 0 | |
| PILGRIMAGE COLOMBIA | 4 | |
| ECUADOR | 1 | |
| PILGRIMAGE THROUGH GUATEMALA | 1 | |
| MEXICO | 3 | |
| PARAGUAY | 6 | |
| PERU | 7 |
MEXICO
3 projects
PILGRIMAGE THROUGH GUATEMALA
1 project
PILGRIMAGE COLOMBIA
4 projects
ECUADOR
1 project
BRAZIL
19 projects
PARAGUAY
6 projects
PERU
7 projects
CHILE
0 projects
ARGENTINA
20 projects
LATAM Project Topics - July 2021
INTELLECTUAL PROPERTY 10%
LIABILITY 10%
RIGHT TO FORGET 10%
CONTENT MODERATION 10%
FAKE NEWS 10%
EQUALITY AND NON-DISCRIMINATION 10%
ACCESS TO INFORMATION 10%
PORN 10%
OFFICIAL ADVERTISING 10%
PRESS FREEDOM 10%
PRIVACY 10%
HATE SPEECH 10%
09/06
The Senate Committee on Systems, Media and Freedom of Expression held an open meeting with representatives of Facebook and WhatsApp entitled “Privacy on Social Networks. The new Facebook-Whatsapp policies ”. Participants in the meeting were: Pablo Bello, Director of Public Policies at the WhatsApp regional level, Rodrigo Luchinsky, President of the National Commission for the Defense of Competition and Martín Becerra. Here the video of the meeting.
PRIVACY
22/06
Within the framework of the international forum "Trapped in the network: Fake news and hate speech as threats to democratic coexistence" organized by the Economic and Social Council, Argentina adhered al Pact for Information and Democracy. This proposal was launched in 2019 within the framework of the United Nations General Assembly and to date has 43 signatory states committed to the promotion and implementation of democratic principles in the digital space. More info here.
ACCESS TO INFORMATION
22/06
Seven civil society organizations they claimed to the national government that the titular authority of the Agency for Access to Public Information is designated. They also requested a meeting with the Chief of the Cabinet of Ministers to discuss this issue and advance the appointment. Here the communiqué presented by the Citizen Power, the Vía Libre Foundation, the Civil Association for Equality and Justice (ACIJ), the Legislative Directory, Democracy on the Net, FUNDEPS and the Regional Alliance for Free Expression and Information.
ACCESS TO INFORMATION
23/06
A bill of law in the Chamber of Deputies that prohibits the use of inclusive language in: the drafting of official documents and presentations made by people before national authorities, in exhibitions and speeches by national authorities, in educational establishments of all levels (public or private). Along the same lines, on 16/07 two lawyers they presented before the Chamber of Deputies a bill very similar to the one mentioned above.
FREEDOM OF EXPRESSION NON-DISCRMINATION
24/06
The Supreme Court of Justice of the Nation (CSJN) revoked a conviction that ordered Google and Yahoo of Argentina to compensate a well-known Argentine model, Valeria Mazza, for the commercial and unauthorized use of her photographs. Although in the first instance the Justice ruled in favor of the search engines, the Civil Appeals Chamber reversed that decision and ruled in favor of the plaintiff. The majority vote of the CSJN referred to the precedents "Rodriguez, María Belén" and "Gimbutas, Carolina Valeria" and reaffirmed the position that search engines only respond when there is subjective responsibility by acting negligently. They also reaffirmed that the activity carried out by intermediaries matters the exercise of freedom of expression and that they are not responsible for the thumbnails since they are mere links. However, judges Maqueda and Lorenzetti voted in partial dissent, considering that photographs of the model had been used in the case without her express or tacit consent, which constituted an illegitimate invasion of her intimate sphere that had to be repaired (according to art 31 of Law 11.723). Foul.
FREEDOM OF EXPRESSION INTERMEDIARY LIABILITY / span>
30/05
The Federal Public Ministry (MPF) ordered the closure of the police inquiries requested by André Mendonça, former Minister of Justice and Public Security, to investigate the tweets published by Brazilian politician Guilherme Boulos, federal deputy Túlio Gadêlha and journalist Ricardo Noblat about President Jair Bolsonaro. Mendonça argued that the publications indicate the commission of crimes under the National Security Law (LSN). The MPF concluded that "those investigated were limited to issuing an opinion" in relation to the President of the Republic, "remaining within the scope of the right to express their thoughts." Furthermore, according to the body, however ironic or offensive criticism may be considered, "it is necessary to consider that the position held by [the president] is a public function and is subject to public criticism."
FREEDOM OF EXPRESSION FREEDOM OF THE PRESS
08/06
The 5th Civil Court of São Paulo dismissed the lawsuit filed by the Brazilian businessman Luciano Hang against the artist Marcelo D2, who had referred to the businessman as a “tax evader gnome” on Twitter. The ruling notes that Hang claimed to have suffered damage to his image for being "a person who cares about his reputation, known for being a well-known businessman." He also stated that he has "no pending issues with the Federal Treasury." By rejecting the requests for compensation of R $ 100 thousand for moral damage and removal of the content, the judge determined that there was no excess or illegality in the post, being "merely a nuisance", since the businessman would be a public person "more vulnerable to The exhibition".
FREEDOM OF EXPRESSION REPUTATION AND HONOR
18/06
The Office of the Attorney General of the Union (AGU) sent to the Federal Supreme Court (STF) a statement against Allegation of Breach of Fundamental Precept 826 (ADPF) in which the Brazilian Press Association (ABI) asked the Court to declare the "abusive" handling of trials and police inquiries for crimes against honor as an unconstitutional practice. The ADPF also required that journalists should only respond to criminal actions for crimes of slander or defamation in clear cases of fabrication of information or transmission of false news. In its response, the AGU states that it does not see a conflict between freedom of expression and the criminalization of crimes against honor. “If there is a collision between these two fundamental rights, in the analysis of the specific case, weighting, practical agreement and proportionality may be used, it is not necessary - nor reasonable - to rule out the definition of crimes against the honor of freedom of expression »Expressed the organ.
REPUTATION AND HONOR FREEDOM OF EXPRESSION
18/06
In the framework of the generalized protests that have been taking place in Colombia since May 2021, the Ministry of the Interior announced that the Government plans to modify Decree 003 of 2021 to establish that it does not constitute a peaceful demonstration “one that promotes the use of means to obstruct temporarily or permanently roads or transport infrastructure ”. A group of social organizations issued a statement rejecting the announcement, arguing, among other things, that the regulation of the fundamental right to protest must be done through a statutory law, a type of law that requires a special procedure. In addition, they argue that the decree, issued within the framework of a negotiating table with the participation of organizations that defend the right to protest, should have their participation for its modification.
FREEDOM OF EXPRESSION RIGHT TO PROTEST
20/06
The Colombian Congress closed its ordinary sessions with advances in the draft law of protection of minors. This project seeks to regulate the responsibility of the media and internet service providers regarding the transmission of information that may affect children and adolescents. However, the proposal creates multiple dangers for freedom of expression, mainly:
- It uses ambiguous formulas in opposition to the requirement of the principle of legality. For example, according to the original project, Internet providers must block content that violates "directly or indirectly against the moral, mental or physical integrity of children, infancy and adolescence." Under this wording, all types of content not suitable for minors (images of the conflict, explicit violence, pornography) should be blocked.
- It proposes the creation of a commission of experts, controlled by the Government, in charge of identifying the contents that could threaten the integrity of minors. Such a catalog would be the basis for the ICT Ministry and the Communications Regulation Commission (both administrative authorities) to take the measures provided by law.
The bill, presented in April this year, was approved in the first committee debate in the House of Representatives. The approval was given quickly, without a public hearing, to avoid its filing. During the debate several proposals were presented that seek to address the criticism received by the project. However, a consolidated version with the changes has not yet been released.
LIABILITY OF INTERMEDIARIES FREEDOM OF EXPRESSION PROTECTION OF CHILDREN, GIRLS AND ADOLESCENTS
02/06
The Organic Law of Communication has been the target of critical severe by human rights defense organizations and groups of journalists for their enormous capacity to control content and exercise indirect coercion towards the free flow of information. The government of former President Lenin Moreno promoted some important reforms, but the law in its entirety remains in force because it is required by the Constitution. One of the campaign promises of the current president, Guillermo Lasso, consisted of the repeal of this norm and the proposition of otra, that meets international standards in the matter. In the first days of government, Lasso presented the Organic Law of Free Expression and Communication which remove content control bodies, repeals the crime of slander and violation for acts damaging to honor, self-regulation of the media based on codes of ethics and editorial policies, enshrines the principles of free flow of information, prohibition of censorship, among others. However, this norm does not repeal the Organic Law of Communication in its entirety, since the first 90 articles subsist and the name is changed by Law of Advertising, National Production and Radioelectric Spectrum.
FREEDOM OF EXPRESSION REPUTATION AND HONOR ACCESS TO INFORMATION
15/06
The audiences to the Inter-American Court of Human Rights for an emblematic case of violation of freedom of expression: the case of Rafael Correa v. The universe. It is a criminal and civil process followed by former President Correa against Emilio Palacio, columnist for the newspaper El Universo, and against the same media outlet. The case was iconic, since all the power of the State went to silence, condemn and persecute a media outlet and an editorial writer who ended up in exile in the United States for the mere fact of having written a column harshly questioning the action of former President Correa in the riots of September 30, 2010, which the Government described as a coup. "The Ecuadorian State recognizes its international responsibility for the violation of the right to freedom of expression and thought, to judicial guarantees, to judicial protection and the principle of legality to the detriment of Emilio Palacio and Messrs. Pérez," said María Fernanda Álvarez, on behalf of the state.
FREEDOM OF THE PRESS REPUTATION AND HONOR
09/06
The initiative of law, identified with number 5921, entitled “Personal Data Protection Law”. Currently, there is no comprehensive legislation on this matter in Guatemala, since only in the Law on Access to Public Information were there provisions regarding the protection of this type of data, but mainly aimed at public entities or state institutions, or entities private companies using public funds. That is why it has been considered that the protection of personal data is deficient, despite the fact that the Constitutional Court has issued important judgments in this matter, extending some obligations to all types of natural and legal persons. The initiative does not seem to have taken into account the standards that are derived from the General Data Protection Regulation (RGPD) of the European Union. In its final provisions it contains proposals for reforms to several existing crimes and proposes the classification of "cybercrime" in a very open or broad way. The project has not been presented to any legislative committee for analysis and approval.
PERSONAL DATA PROTECTION
31/06
In progress, a initiative of law, identified with number 5915 and entitled "Law of Freedom of Religion and Belief of worship and conscience (sic)." 73 deputies have signed it as rapporteurs, so it almost has enough support to ensure its approval by a simple majority (currently 81 votes are required for approval with that majority). One of the most striking aspects that this initiative contains is the regulation of the so-called “conscientious objection”. A very important distinction has been made in that public officials do not have the same right to argue conscientious objection as a citizen does. Which has generated some controversy and debate. In addition, this initiative includes the exemption from administrative and judicial review of various internal decisions and the refusal of religious entities to supervise, investigate or find out the origin of their donor funds (that is, an exemption to the regulations against money laundering ). The project has not yet been transferred for analysis and approval to a Legislative Commission.
FREEDOM OF WORSHIP CONSCIOUS OBJECTION
01/06
Derived from the publication in the Official Gazette of the Federation, of the reforms and additions to various provisions of the Federal Telecommunications and Broadcasting Law to create the National Register of Mobile Telephone Users, various civil society organizations promoted the campaign #Noalpadron in which they encouraged citizens to present amparo lawsuits, achieving that more than 15,000 amparo lawsuits were presented.
PERSONAL DATA PROTECTION PRIVACY
15/06
Minister Norma Piña granted the suspension of the Federal Institute of Telecommunications in relation to the constitutional controversy filed by the latter in relation to the preparation of the National Register of Telephone Users, meanwhile the merits of the controversy are resolved.
PERSONAL DATA PROTECTION PRIVACY
30/06
The Federal Telecommunications Institute must present the Guidelines to protect the neutrality of the network. The preliminary draft of the guidelines prepared by the IFT received comments (Wikimedia Foundation, Mozilla Foundation, Article 19-R3D-Networks for diversity, equity and sustainability) because what is established there may not be enough to ensure the impartiality and neutrality of the network.
NETWORK NEUTRALITY
04/05
A project that sanctions the irregular use of vaccines against covid - 19 ".
COVID-19
05/05
A bill of law Protection of Personal Data and a project that authorizes the Ministry of Public Health and Social Welfare, on an emergency basis, to vaccinate against covid-19, for people with disabilities.
PRIVACY COVID-19
11/05
A project that establishes the biometric registration as a requirement for user identification to enable the mobile phone service.
PRIVACY
19/05
a project that regulates the activation of cell phone lines.
CONNECTIVITY
25/05
A project because the Ministry of Information and Communication Technologies is created and its Organic Charter is established.
CONNECTIVITY ICT
17/06
The Parliamentary Group Frente Amplio por la Justicia, Vida y Libertad presented a bill of law that modifies the Law of Political Organizations and the Law organic of Elections. The proposal includes that "all propaganda on social networks and / or other platforms on the internet must have mechanisms that allow them to be identified as a contracted political notice (...)", and non-compliance is classified as a serious offense. Additionally, electoral propaganda is prohibited through the "use of computer programs, bots and / or inauthentic accounts on social networks and / or other platforms and the Internet" and the "deliberate dissemination of manifestly false information"
CONTENT MODERATION LIABILITY OF INTERMEDIARIES DISINFORMATION
25/06
The Fourth Constitutional Court of Lima declared null the contract for the sale of the shares of the companies Epensa, owner of the Correo newspapers, Eye, Ajá and El Bocón, and Alfa Beta Sistemas (ABS) in favor of the El Comercio Publishing Company, based on the violation of the Political Constitution of Peru and international treaties related to freedom of expression and information. In the sentences It is noted that the transaction between these companies, carried out in 2013, affected the plurality of information, protected by article 61 of the Constitution, since “with said operation, it reached 80% of the market; situation that exceeds all concentration limits in the markets of other Latin American countries ”. Likewise, it is noted that "the rights of free expression and information and freedom of competition are not isolated" and it is the responsibility of the State "not to allow dominant positions or markets concentrated in the media." The El Comercio Publishing Company announced that will appeal the sentence.
FREEDOM OF THE PRESS INFORMATION PLURALITY
28/06
The Ethics Court of the Peruvian Press Council declared founded the complaint filed by the journalistic group La República against Compañía Peruana de Radiodifusión (América Televisión and Canal N) for violating its own Guiding Principles for journalism, within the framework of the second round of the presidential elections. The self-regulatory body concluded that the television channels did not comply with the principles of impartiality and equity in the coverage of electoral events such as the transmission of the campaign closing rallies of the then candidates Keiko Fujimori and Pedro Castillo, the broadcast with interviews at the exit of the technical teams that attended a debate and the omission of relevant news content proposed by the press for the sole consideration that could affect the candidacy of Mrs. Keiko Fujimori.
FREEDOM OF THE PRESS
