Number of LATAM projects as of August 2021
| COUNTRIES | PROJECTS | |
|---|---|---|
| ARGENTINA | 24 | |
| BRAZIL | 28 | |
| CHILE | 1 | |
| COLOMBIA | 6 | |
| ECUADOR | 1 | |
| GUATEMALA | 1 | |
| MEXICO | 2 | |
| PARAGUAY | - | |
| PERU | 13 |
Topics of bills presented between May and July 2021
| Access to information | 26.13% | |
| Bullying | 5.3% | |
| Apologia | 5.3% | |
| Freedom of expression | 15.8% | |
| Freedom of the press | 10.5% |
| Pornography | 5.3% | |
| Privacy | 5.3% | |
| Protection of minors | 5.30% | |
| Reputation and honor | 15.8% | |
| Liability of intermediaries | 5.3% |
Topics of bills presented between May and August 2021
| Access to information | 26.13% | |
| Bullying | 5.3% | |
| Apologia | 5.3% | |
| Freedom of expression | 15.8% | |
| Freedom of the press | 10.5% | |
| Pornography | 5.3% | |
| Privacy | 5.3% | |
| Protection of minors | 5.30% | |
| Reputation and honor | 15.8% | |
| Liability of intermediaries | 5.3% |
05/08
In the framework of the 2021 elections in Argentina, announcing the return of REVERSO. It is an alliance in which the Facebook Journalism Project, Google News Initiative, TikTok and Twitter, more than 40 of the main media * (graphic, digital, radio and TV) participate, under the coordination of Chequeado. The objective of this initiative is to jointly disseminate verifications of suspicious viral content to expose and discourage those who use disinformative content in the campaign.
FAKE NEWS DISINFORMATION
11/08
Se debated in the Senate on bill of law 1802/2021 whose purpose is to declare the Internet as a public, essential, strategic and competing service throughout the country. This initiative was presented by Senator Luenzo, Chairman of the Systems, Media and Freedom of Expression Commission. According to the bill, its “purpose is to enable all the inhabitants of the Argentine Republic to access information and communication services in equitable social and geographical conditions, with the highest quality parameters, promoting differentiated policies. that tend to balance the uneven relative development of provinces and regions »
INTERNET ACCESS
18/08
Facebook announcing a 3-year investment program in the news industry in Argentina to support nearly 150 media outlets of all sizes and regions of the country, and train more than 3.000 journalists per year. In addition to trade agreements With various media, the company will invest 1.5 million dollars in the next 12 months in funds for innovation and projects developed together with national entities, such as the Association of Argentine Journalistic Entities (Adepa), the Argentine Journalism Forum (Fopea) and SembraMedia.
FREEDOM OF THE PRESS INVESTMENTS
23/08
The ruling party he presented in the Chamber of Deputies a bill of law 3541/2021 that seeks to penalize denial behaviors. On the one hand, it establishes that whoever publicly denies, justifies, vindicates, exalts, or in any way disparages the commission of crimes of genocide, crimes against humanity or war crimes, their consequences and effects on the victims or those who were convicted for their commission. , will be obliged, at the request of the victims of such crimes and / or of those who see a legitimate interest affected, to cease their conduct and repair the moral and material damage caused. It also establishes that whoever publicly denies, trivializes or in any way disparages the sovereignty of the Argentine Nation over the Malvinas, South Georgia and South Sandwich Islands and the corresponding maritime and insular spaces will also be bound, at the request of those who are affected in their legitimate interest, to cease their conduct and to repair the moral and material damage caused. In addition, the same consequences will be borne by anyone who publicly denies, prevents, or disparages the existence of an epidemic or pandemic and its effects on public health, or in any way obstructs the measures adopted by the competent authorities. Finally, the minimum is raised between ⅓ and ½ and the criminal scale for all crimes related to the aforementioned conducts is raised by half. In this line, we recommend This lecture from the CELE researcher, Ramiro Álvarez Ugarte.
APOLOGY CRIMES AGAINST HUMANITY PANDEMIC
FREEDOM OF EXPRESSION CONTENT MODERATION
01/08
Throughout the month of August, public hearings were held in the Chamber of Deputies to continue the debate on a Bill (PL) to combat the Fake News. The hearings regarding the PL are conducted by the working group for the Improvement of Brazilian Legislation - Internet, responsible for issuing opinions on the project, and their objective is to debate the project with specialists, organizations, companies and representatives of entities and governments.
FAKE NEWS DISINFORMATION
03/08
The 03.08, the São Paulo Court of Justice denied the request to reactivate the YouTube channels Terça Livre abroad. The accounts had already been reestablished in the national territory, by court decision, after two consecutive blocks by YouTube. In the request, Terça Livre questioned the maintenance of the blockade of Brazilian citizens abroad and affirmed that the fact generates a risk of irreparable damage to the income of the journalistic company, in addition to restricting freedom of communication. The rapporteur understood that the topic involves "discussion on the effectiveness of the decisions of the Brazilian Judicial Power on the availability of content abroad, an aspect related to the merits of the action." To learn more about the topic, see the July monthly newsletter.
CONTENT MODERATION FREEDOM OF EXPRESSION
04/08
The 14.192 / 2021, which modifies the Electoral Code, the Law of Political Parties and the Electoral Law. The law changes the criminal type of disclosure of facts that are known to be false, which becomes applicable not only in electoral propaganda, but also during the electoral campaign period, among other modifications to this electoral crime. The penalty is detention for two months to one year. In addition, the law adds a criminal type to the code: “to harass, shame, humiliate, harass or threaten, by any means, a candidate for an elective office or holder of an elective mandate, using contempt or discrimination against the condition of woman or of her color, race or ethnic origin, in order to prevent or hinder her electoral campaign or the performance of her elective mandate ”, as described in the July monthly newsletter.
ELECTORAL FREEDOM
15/08
Se dismissed the criminal complaint filed by the Attorney General of the Republic, Augusto Aras, against the university professor Conrado Hübner Mendes. In the complaint, Aras referred to a text by the professor in his column in the Folha de S.Paulo newspaper, as well as to some publications on his Twitter, where the professor referred to Aras as "Poste-General de la República" and "servio del President ”Jair Bolsonaro, stating that the Public Ministry was silent on the Government's responsibility for the tragedies derived from the COVID-19 crisis. The criminal complaint called for Mendes to be convicted of the crimes of libel and defamation. When analyzing the case, the judge understood that there was no just cause for the criminal action, concluding that there was no specific purpose in Mendes 'demonstrations to undermine Aras' honor. The statements were also considered to "fall within the scope of the mere expression of opinion and not of degradation or insult". To know more about the subject, see the monthly newsletter for May.
REPUTATION AND HONOR
10/08
The Federal Senate approved the Bill 2.108/2021, which repeals the National Security Law (Law 7170/1983) and includes a new title in the Penal Code on crimes against the Democratic Rule of Law. The Chamber of Deputies had voted the bill in may and the Senate approved it without change. The provisions included in the Penal Code are divided into ten chapters, which deal with crimes against national sovereignty, democratic institutions, the functioning of democratic institutions in the electoral process, the functioning of essential services, and citizenship.
NATIONAL SECURITY
16/08
The Inspector General of Electoral Justice, Minister Luis Felipe Salomão, determined that the digital platforms YouTube, Twitch.TV, Twitter, Instagram and Facebook suspend the transfer of amounts, derived from monetization, to the people and pages indicated in Administrative Consultation 0600371 - 71 and that they have devoted themselves, in a demonstrated way, to spreading disinformation. The objective of this consultation is to investigate the network of people who spread false news, investigate facts that may constitute abuse of economic and political power, misuse of the media, corruption, fraud, prohibited conduct for public agents and propaganda anticipation, in regarding attacks against the electronic voting system and the legitimacy of the 2022 elections. The determination proposes that the platforms prohibit the use of algorithms that suggest or indicate other channels and videos with political content, with the exception of active investigation by Internet users by keywords, with the aim of preventing the channels, profiles and pages under investigation from continuing to feed, interrupting the spread of disinformation.
On 02.08, the Superior Electoral Tribunal (TSE) also approved a criminal report against President Jair Bolsonaro and presented it to the Federal Supreme Court (STF, in Portuguese), who accepted it under the terms of the «fake-news investigation«, Which investigates threats and the spread of false news on the Internet against members of the STF and their families.
Also in the field of "investigation of fake-news", the Minister of the Supreme Court (STF) Alexandre de Moraes ordered the preventive detention of former deputy Roberto Jefferson by publications on social networks that would be linked to attacks on democracy and institutions. The order also includes a search and seizure mandate at addresses linked to Jefferson, including electronic devices, with authorization to access the stored content, as well as a determination to block his Twitter account.
DISINFORMATION FAKE NEWS
01/08
During August, public hearings have been activated in the communications and human rights commissions of the Constitutional Convention of Chile that have allowed to begin to raise, listen, and debate various proposals on the issues of the right to communication and digital rights. From representatives of the community media, the Network of Feminist Journalists, the College of Journalists, the Observatory of the Right to Communication to academic institutions such as the Schools of Journalism of the Universidad de la Frontera, Universidad de Chile and Flacso - Chile have presented proposals and lines in two rights that seek to be enshrined: the right to communication and digital rights.
The progress of the regulation proposals of all the commissions has also been key, among which those of the Communications, Information and Transparency Commission stand out to guarantee access to transparent and accessible information on the Convention and in the Ethics Commission. , which sanctions the dissemination of false news by the mainstream. In the proposal, false news is defined as "the expression, through any physical or digital means, of a fact that appears real while being false."
More information on the progress of the constituent process here.
DIGITAL RIGHTS FAKE NEWS
24/08
The Court of Appeals of Santiago confirmed the fine of 20 UTM - Monthly Tax Unit (approximately USD 1300) applied by the National Television Council (CNTV) to the National Television (TVN) signal for not respecting the minimum quota for cultural programming, in April of last year. It is important to remember that TVN already has four previous sanctions for not respecting the correct operation of television services in the 12 months prior to the audited period, for violation of the Norms on the Transmission of Cultural Programs.
MEDIA
27/08
Since the Digital Television Law was enacted in Chile in 2014, cable operators and open television channels have been arguing about how to charge for consensual retransmission. Initially, a payment was established in favor of the stations for the use of their images within their commercial offer if the Chilean open television channels (TVN, CHV, Mega, La Red and Canal 13) reach a coverage of 85% in a commune specific.
The problem is that in practice this collection did not enter the boxes of the television plants due to lack of control by the Subsecretariat of Telecommunications (Subtel) of Chile. After eight years of friction, the authority updated the technical standard, replacing measurements in the field with the application of software, backed on the television channels.
MEDIA
29/07
The Law 2108 of 2021, which declares the Internet as an essential and universal public service. The law seeks to ensure the provision of the internet service in an efficient, continuous and permanent manner and to achieve the connectivity of all the inhabitants of the national territory. To this end, the law prohibits providers of telecommunications networks and services from suspending installation, maintenance and adaptation of the networks required for the operation of the service. In addition, the law establishes that requests for licenses for the installation and modification of equipment for the provision of the service will be resolved in one month. Finally, the Single Fund for Information and Communication Technologies will finance the development of credit lines for providers that provide residential fixed internet access with less than 30 users.
INTERNET ACCESS
05/08
Advance the bill of law that seeks to regulate advertising on social networks. In August, a presentation was presented for a second debate in the House of Representatives, making some modifications to the text approved in the first debate, but maintaining the obligation of advertisers and influencers to include warnings in their publications that provide information about the products and their risks and explaining that it is an advertisement.
CONTENT MODERATION ADVERTISING SOCIAL MEDIA
09/08
On August 9, the House of Representatives held a public audience in which he heard the opinions of various sectors in relation to the bill that seeks to regular to the media and internet service providers, in order to protect children from content that may affect their moral, mental or physical integrity. The project, which was approved in the first debate in the First Committee of the Chamber in May, has been widely criticized because of the dangers it causes to freedom of expression. However, a recent scandal Due to the loss of 70.000 million Colombian pesos, it suggests that the Ministry will stop promoting the project for the protection of minors.
PROTECTION OF CHILDREN, GIRLS AND ADOLESCENTS CONTENT MODERATION
01/08
El Judge Heidy Borja's case is reactivated. A judicial official has sued a television channel for having made what she considers infamous and threatening pronouncements against her honor. Various journalists from the channel issued critical opinions about the actions of the Judge in the context of a controversial case in which a drunken woman ran over a passerby. In the first instance, the Judge's demand was accepted and the channel was ordered to offer a public apology, train its journalists and, eventually, compensate her. The first week of September will take place the appeal hearing required by the television channel, which considers that the right to freedom of expression of its journalists has been violated.
FREEDOM OF THE PRESS REPUTATION AND HONOR
05/08
El case of the journalists of La Posta takes an unexpected turn: After two journalists made critical allusions to an indigenous leader - calling him CABRÓN and throwing darts at his face - public opinion ignited and caused them to resign from the program. What seemed like a past case changed unusually when Mr. Álex Flores, from the “Va por ti Ecuador” collective, filed a criminal complaint against the journalists, accusing them of hate crimes. This process will be substantiated by a prosecutor and, eventually, will generate a criminal investigation and investigation.
FREEDOM OF THE PRESS REPUTATION AND HONOR
14/08
President Alejandro Giammatei tried to implement a new State of Public Calamity, as a consequence of the substantial increase in infections by the new strain of Covid19 (the delta variant). Despite the fact that this attempt was ultimately unsuccessful, as this new constitutional exception regime had not been approved by the Congress of the Republic, the Government Decree 6-2021 included two aspects that have been considered as a challenge to freedom of expression: a) firstly, the content of article 5 (freedom of action) is included as a right subject to restriction, which among other things, states that no person can be persecuted or harassed for their opinions or for their actions that do not imply violation of the law, and also, based on an old Law of Public Order, the imposition of legal sanctions (civil and criminal) was warned in the case of the media do not avoid posts that may cause confusion or panic or aggravate the situation. Although it did not take effect, the Guatemalan Association of Journalists issued communiqué No, 35/08/2021 expressing its outrage at the government's growing attitude to restrict freedom of expression. Even José Miguel Vivanco (Human Rights Watch) pronounced with concern about it.
FREEDOM OF EXPRESSION
27/08
The Guatemalan Journalists Association issued a release in which he repudiates the criminal complaint against the directors of Diario La Hora by Alejandra Carrillo. Carrillo is the Director of the Victim Institute and a former deputy for the Patriot Party. According to the AGP, the Director seeks to censor the journalistic medium through judicial harassment for the investigations published against her, where alleged acts of corruption are pointed out. Likewise, it stated that "regardless of their gender or sexual condition, all civil servants are exposed to public criticism and social oversight."
FREEDOM OF THE PRESS GENDER VIOLENCE
29/07
Four female journalists they were attacked in the exercise of their profession in the State of Puebla. The journalists are part of the Tierra Baldia Environmental News Portal, Puebla Municipal Reporter, La Jornada de Oriente Reporter, and Puebla Image Reporter. In this regard, the Red Puebla de Periodistas National Network of Journalists, the International Network of Journalists with a Gender Vision, Communication and Information on Women AC, and Article 19 demanded that the Governor of the State of Puebla guarantee the exercise of journalism, freedom of expression and a life free of violence for women; the Attorney General of the State to carry out diligent, impartial and effective investigations; and, to the Mechanism for the Protection of Journalists to coordinate protection measures in favor of attacked women journalists.
FREEDOM OF THE PRESS GENDER VIOLENCE
09/08
Hooded people with long weapons threatened through an account of the digitalform payment Twitter, to various media and journalists.
FREEDOM OF THE PRESS
16/08
Found y Article 19 presented the Report on Expenditure on Official Advertising for 2020, which highlights for the second consecutive year a substantial decrease in spending in this area compared to the previous government in the same years. The public institution with the most spending in this area is the Mexican Institute of Social Security. In turn, ten media outlets stand out as the ones that receive the most resources as part of official advertising, with Televisa, TV Azteca and La Jornada being the media that get the most money. The organizations that created the report highlight the discretionary use of these public funds.
OFFICIAL ADVERTISING
18/08
The independent journalist Tere Montaño, who collaborates with Proceso Magazine, was the victim of kidnapping, robbery, death threats and assault in Toluca, State of Mexico. The people who attacked her asked her if she was a journalist and they stole her work equipment located at her home. In this regard, Article 19 and the Committee for the Protection of Journalists demanded a diligent investigation from the Attorney General's Offices of the Republic and the State of Mexico, applying the Approved Protocol for the Investigation of Crimes committed against Freedom of Expression; that the Mechanism for the Protection of Journalists provide protection to journalist Tere Montaño to guarantee her life, personal integrity and free exercise of freedom of expression; and that the Executive Commission for Attention to Victims of the State of Mexico give him comprehensive attention.
FREEDOM OF THE PRESS GENDER VIOLENCE
19/08
La First Chamber of the Supreme Court of Justice of the Nation (SCJN) determined unconstitutional the action of the Congress of the State of Yucatan to vote by means of secret ballots, for violating the principles of legality and legal security, as well as the right to information, by virtue of the fact that it did not reasonably justify this type of ballot. . The SCJN ordered the reinstatement of the legislative procedure in question, which seeks to reform the Political Constitution of the State of Yucatán to allow equal marriage in the entity.
ELECTORAL FREEDOM ACCESS TO INFORMATION
02/08
The Comptroller's Office issued a report noting that the President of the Republic, Pedro Castillo, had been exercising functions outside the presidential office, which did not allow all the information corresponding to the mandatory registration of visits and official agendas to be recorded between July 28 and August 1, "Situation that could affect the transparency of the exercise of the public function".
El Peruvian Press Council he also noticed this fault, which could infringe the Law of Transparency and Access to Public Information (Law 27806), and the Law on Management of Interests in Public Administration (Law 28024). During the first days of August, the government of Pedro Castillo prevented that the media could participate in various protocol events, including the ceremony of recognition as Supreme Chief of the Armed Forces and the National Police of Peru The Press and Society Institute (IPYS) issued a release in which he denounces that the police placed "bars at all entrances" and that the president has "limited press coverage of official activities." In the same way, the National Society of Radio and Television (SNRTV) published a document claiming for access to the press to guarantee the right to information of the citizenry.
ACCESS TO INFORMATION FREEDOM OF THE PRESS
16/08
President met with representatives of various media, among which was the president of SNRTV, who indicated that Castillo "commented on his firm position in defending and respecting freedom of expression and the right to information that all Peruvians have."
FREEDOM OF EXPRESSION ACCESS TO INFORMATION
