CELE Legislative Observatory

News of legislative and regulatory activity, judicial and administrative decisions

ARGENTINA BRASIL CHILE PARAGUAY PERU ECUADOR COLOMBIA MEXICO GUATEMALA

Number of LATAM projects between January 2024 and November 2024

COUNTRIES PROJECTS
ARGENTINA 10
BRAZIL 14
CHILE 4
COLOMBIA 2
ECUADOR 1
GUATEMALA 1
MEXICO 13
PARAGUAY
PERU 12

Topics of bills introduced between January 2024 and November 2024

Access to information 17.2%
Equality and non-discrimination 11.0%
Protection of minors 10.0%
Freedom of expression 7.2%
Reputation and honor 5.3%
National security 4.5%
Gender Violence 4.0%
Liability of intermediaries 2.9%
Internet access 2.7%
Pornography 2.1%
Apologia 1.9%
Bullying 1.5%
Official advertising 1.4%

Topics of bills introduced between January 2024 and November 2024

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%

13/11 

Senator Silvia Sapag presented the Bill No. 2232/24The bill prohibits all advertising, promotion and sponsorship of gambling or betting, directly or indirectly, through any means of dissemination or communication. It also establishes a series of sanctions against persons who violate this prohibition.

ADVERTISING CONTENT MODERATION

12/11 

Senator Ezequiel Atauche presented the Bill No. 2213/2024The bill aims to regulate advertising of digital services on social networks. The law requires that advertising disseminated through social networks contain a caption specifying “(#ispublicity)”, which must remain for the duration of the publication. Likewise, if medical, aesthetic or beauty treatments are offered, the respective certificate of qualification and/or professional registration of the person in charge of the treatment must also be included. 

ADVERTISING CONTENT MODERATION

7/11 

Deputies Natalia Zaracho, Itai Hagman, Juan Manuel Pedrini and Hugo Yasky presented the Bill No. 6721-D-2024The bill aims to declare the absolute and unremediable nullity of Decree 780/2024 on the grounds that it violates citizens' right to access public information. 

ACCESS TO INFORMATION

7/11 

Senator Maria V. Huala presented the Bill No. 2205/04The bill aims to provide mandatory training on the topic of “Data and Artificial Intelligence for a Government of the Future” for all people working in public service. According to the draft law, the authority in charge of the training process will be the Secretariat of Innovation, Science and Technology of the Office of the Chief of Staff of the Nation.

ARTIFICIAL INTELLIGENCE

7/11 

Senators Luis A. Juez, Beatriz L. Ávila and Flavio S. Fama presented the Bill No. 2197/24The purpose of the bill is to regulate the advertising of virtual activities or services contracted online, in order to protect consumers, especially minors and vulnerable people. In this regard, among other provisions, the bill prohibits any type of advertising that may generate harmful consequences to the health of consumers related to virtual activities or services.

ADVERTISING CONTENT MODERATION

6/11 

Senators Martin Lousteau and Guadalupe Tagliaferr presented the Bill No. 2185/24The bill establishes the principle of presumption of good faith in requests for access to public information. In this regard, it states that a request cannot be rejected on the grounds of bad faith or repeated requests, unless the refusal is based on a legally provided and duly substantiated reason for rejection.

ACCESS TO INFORMATION

5/11

The Supreme Court rejection the lawsuit filed by the late pediatrician and host Mario Socolinsky against the journalists and producers of the program “Punto Doc,” which broadcast a report in which it was alleged that Socolinsky hired fake doctors for his program on public TV. The Supreme Court argued that the reports broadcast by “Punto Doc” were of public interest and that it was not proven that the journalists acted with malice or spread false information (application of the doctrine of actual malice). In addition, the use of a hidden camera was justified to investigate the lack of professional controls.

FREEDOM OF THE PRESS

12/11

The Legislative Assembly of the State of São Paulo approved unanimously approved the bill banning the use of cell phones by students in public and private schools. Project No. 293/2024, presented by the deputy Marina Helou (Rede), modifies the Law No. 12.730/2007, which already restricted the use of cell phones in state educational institutions, and incorporates new rules on the use of electronic devices in schools. The approved text The bill prohibits the use of internet-connected devices, such as cell phones, tablets, smart watches and other devices, within school buildings in the state. Students who bring electronic devices to school must store them without access during class hours. However, the use of these devices will be permitted in cases of pedagogical necessity or as technological support for students with disabilities. The bill now awaits approval by the governor.

PROTECTION OF MINORS FREEDOM OF EXPRESSION

12/11

Minister Luiz Fux, of the STF, issued a precautionary measure which suspends online gambling advertising aimed at children and adolescents and prohibits the use of resources from social programs, such as Bolsa Familia and BPC, in such bets. The measure was taken within the framework of the Direct Actions of Unconstitutionality (ADIs) 7721 y 7723, presented by the National Confederation of Commerce of Goods, Services and Tourism (CNC) and the Solidarity party, which request that the STF declare the entire law unconstitutional. Bets Law (Law No. 14.790/2023). Fux also ordered the federal government and the Ministry of Finance to immediately implement measures to prevent the use of social assistance resources in online gambling, according to the 1.231 / 2024 Ordinance, which regulates the “Betting Law”. The precautionary decision will be evaluated by the STF plenary session in a virtual session, while the full trial on the actions and the legality of online betting is scheduled for February 2025.

PROTECTION OF MINORS

12/11

The 3rd Chamber of the Superior Court of Justice (STJ) determined that Google must globally remove a video considered defamatory and illegal, published on YouTube and accessible outside Brazil. By 3 votes to 2, the argument of Justice Nancy Andrighi prevailed, who pointed out that, given the global reach of the service, the court order can also be applied internationally. Andrighi based her decision on Article 11 of the Civil Framework of the Internet (Law No. 12.965/2011), which allows the application of Brazilian legislation on data collected in the country. The minister emphasized that limiting the removal to Brazilian territory would be insufficient to mitigate the damage, highlighting that the cross-border nature of the Internet justifies the global extension of the order. The case had been decided previously by the São Paulo Court of Justice (TJSP), which also extended the effectiveness of the order to the entire network, arguing that the virtual environment has no borders. This decision by the STJ establishes the first precedent on the extraterritorial scope of Brazilian judicial decisions regarding content moderation on digital platforms.

CONTENT MODERATION

11/11

The Supreme Federal Court (STF) initiated a public audience to discuss the impacts of online gambling in Brazil. Convened by Minister Luiz Fux within the framework of the Direct Action of Unconstitutionality (ADI) 7721, the hearing seeks to analyze the request of the National Confederation of Commerce (CNC) to declare unconstitutional the Law No. 14.790/2023, known as the “Bets Law”. The objective, According to Fux, is to address issues related to mental health, the neurological and economic impacts of betting, and the social implications of the new regulatory framework. 46 entities participated, including the National Telecommunications Agency (Anatel), the Federal Senate, Dieese, the National Academy of Sports Law (ANDD) and the Brazilian Institute for Consumer Protection (Idec). Fux stressed that the lack of regulation is a key concern and that the STF's decision will be based on the values ​​discussed: "We are faced with a complex issue on which we have no direct experience, hence the importance of listening to experts through this public hearing."

CONTENT MODERATION

19/11 

Senator Sergio Gahona and others presented the Bill No. 17239-37The purpose of the bill is to make the obligations established in Article 7 of Law No. 20.285 on access to public information applicable to Chilean National Television.

ACCESS TO INFORMATION

15/11 

The Law No. 21708 “Law amending Law No. 19.496 establishing duties for telecommunications service providers.” The aforementioned law establishes that telecommunications providers must provide information, free of charge, about the most beneficial plans for the user. In addition, they must update information on plans and prices on their platforms at all times. The law prohibits charging fines or surcharges for changing plans and conditions must be guaranteed so that users can exercise this right.

TELECOMMUNICATIONS ACCESS TO INFORMATION

15/11 

The Law No. 21710, which declares May 12 of each year as the day of freedom of information, the right to communication and independent and community journalism. The norm indicates that the objective is to highlight the importance of the right to communication; therefore, on that date, dissemination, information and promotion activities will be carried out on the importance of social communication and independent and community journalism.

FREEDOM OF THE PRESS

28/10 

Deputy Camila Flores Oporto presented the Bill No. 17208-07The project aims to protect people's biometric data. In this sense, it establishes that said data are protected by the right to privacy. It also establishes that the processing of biometric data is lawful provided that the data subject consents to it. Said consent can always be revoked. 

DATA PROTECTION

29/11

Journalist Jorge Méndez was murdered by hitmen Community journalist and social leader Stiven Andrés Fajardo in the municipality of Puerto Triunfo, Antioquia. Fajardo worked at the radio station Triunfadora Stereo. The journalist had been a victim of another attack in the municipality of La Dorada, Caldas, six years ago.

VIOLENCE AGAINST JOURNALISTS

12/11

It was filed in the Senate on bill of law The bill seeks to “regulate the dissemination in the media of musical lyrics that violate the dignity of people,” also known as the “decent lyrics” bill. In particular, the proposal seeks to control access to music and videos with sexual, obscene or degrading references. The bill, however, establishes overly broad provisions that do not comply with the principle of legality. Eleven congressmen from parties across the political spectrum presented the bill after a riot broke out in November. controversy for the publication of +57, a song by several Colombian artists that was criticized for sexualizing minors. In 2020, a similar bill, known at the time as the “anti-reggaeton bill.”

CONTENT MODERATION

07/11

The the decision of the Constitutional Court against the TikTok platform and in favor of the lawyer and content creator José Francisco Montufar. The court found that TikTok violated Montufar's fundamental rights to freedom of expression and due process by blocking his profile on the grounds that he was a minor, despite repeated evidence that he was not. The ruling highlights the responsibility of digital platforms to act with transparency and respect for the rights of their users and orders TikTok to reactivate Montufar's account with his followers.

FREEDOM OF EXPRESSION

14/11

Congresswoman Correa Delgado presented the Bill Law No. 458726The bill aims to ensure the safe use of the internet, social media and digital platforms for girls, boys and adolescents, as well as to regulate the use of artificial intelligence (AI) aimed at children. The bill establishes the responsibility of AI developers and companies that own digital platforms for the consequences arising from their use. In the specific case of digital platforms, the law states that they are obliged to adopt security measures for the protection of girls and boys, as well as include parental control tools. They must also provide mechanisms to report possible harm to girls and boys.

ARTIFICIAL INTELLIGENCE LIABILITY OF INTERMEDIARIES

11/11

The President of Guatemala, Bernardo Arévalo, signed the Declaration of Chapultepec, together with the president of the Inter-American Press Association, which establishes ten principles for freedom of the press and expression in the Americas. At the event, the President declared: "Behind this signature is the personal commitment and the commitment of my Government to respect, guarantee and defend the right to free expression."

FREEDOM OF THE PRESS

20/11

La Transparency Commission of the Chamber of Deputies approved its work plan which includes the use of Artificial Intelligence to prevent corruption.

ARTIFICIAL INTELLIGENCE

13/11

The President of the Senate's Digital Rights Commission maintains that Mexico needs legislation in cybersecurity matterRepresentatives of the Mexico Cybersecurity Alliance (AMCS) hope that a prompt discussion will take place so that the country has its first Cybersecurity Law.

CYBERSECURITY

06/11

The Board of Directors of the Chamber of Deputies issued the declaration of publicity of the draft decree of constitutional reforms that propose the extinction of seven autonomous bodies, including the National Institute of Transparency, Access to Information and Protection of Personal Data.

ACCESS TO INFORMATION

7/11

El Press and Society Institute (IPYS) denounced that Peruvian journalists Pedro Salinas and Paola Ugaz, known for uncovering abuses committed by the Sodalicio de Vida Cristiana, have been suffering new actions of judicial and media persecution. Salinas was recently accused by the Public Prosecutor's Office of the crime of aggravated collusion for a consultancy carried out in 2017, while Ugaz has faced multiple complaints that consider reprisals for her investigative work. IPYS questions the legitimacy of these accusations and highlights the need to protect press freedom in the country.

FREEDOM OF THE PRESS VIOLENCE AGAINST JOURNALISTS

10/11

The investigative journalism medium IDL Reporters warned Supreme Court Judge Juan Carlos Checkley ordered the Prosecutor's Office to question its director, journalist Gustavo Gorriti, with the aim of revealing the sources of the investigation into the 'Cuellos Blancos' case and handing over part of the audios that this media published about the fugitive former Supreme Court Judge César Hinostroza. judicial resolution It was taken on October 25, 2024, following a request for protection of rights filed by former judge Hinostroza, who alleged that the chain of custody of the intercepted audios that recorded their dialogues had been broken, thus questioning their authenticity. 

FREEDOM OF THE PRESS

15/11

El Press and Society Institute (IPYS) published an alert denouncing that journalists from various media outlets were restricted by the Peruvian National Police while covering anti-government protests in Lima, which took place on November 13 and 14 within the framework of the Asia-Pacific Economic Cooperation Forum (APEC). According to IPYS, the restrictions included the formation of police cordons that prevented the press from accessing protest areas, as well as the retention of identity documents of some journalists.

FREEDOM OF THE PRESS

30/10

El Latin American Observatory of Media Regulation and Convergence, Arbizu and Gamarra Law Firm and the lawyer specializing in Human Rights and Transparency Dania Coz The Supreme Court of Justice of Lima, through the Fifth Constitutional Court, ruled in favor of journalist Marco Sifuentes in his lawsuit against Google LLC. The case arose when Google temporarily removed from YouTube a video titled “ROSSELLI AMURUZ: Travel, luxury and millions,” which exposed alleged conflicts of interest of Congresswoman Rosselli Amuruz and her family. The court determined that this action constituted an illegitimate restriction of the right to information, affecting the dissemination of content of public interest. Although Google reinstated the video after the complaint, the judge considered that the temporary restriction and subsequent limitations on the YouTube search engine violated Sifuentes’ freedom of expression. The ruling included non-repetition measures, urging Google to refrain from similar behavior in the future.

FREEDOM OF EXPRESSION

14/10

La Supreme Court of Justice of the Republic The court declared inadmissible the objections raised by the political party Alianza Nacional de Trabajadores, Agricultores, Universitarios, Reservistas y Obreros (ANTAURO), in a special process initiated by the Attorney General to declare its illegality, arguing that its activities violate democratic principles by systematically promoting exclusion and violence. It also rejected the objection presented by the party against the documentary evidence, which was considered legitimate and showed the connection between the actions of the party and its leader, Antauro Humala, whose ethno-nationalist ideology guides his activities. The court decided to cancel the party's registration, close its party offices and prevent its future re-registration, pointing out that it uses democratic norms for purposes contrary to the rule of law.

FREEDOM OF EXPRESSION