Number of LATAM projects as of October 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 September 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% |
14/10
In a trial against journalist Daniel Santoro, judges Alejo Ramos Padilla and Luis Rodríguez had accessed lists of incoming and outgoing calls from the journalist. In this case, the journalist had opposed this action based on article 43 of the National Constitution and on the grounds that journalistic secrecy was violated. However, on 14/10, the Federal Chamber dismissed Santoro and judges Irurzun and Farah ordered the destruction of Santoro's call list to prevent further violation of constitutional law. In addition, the judges decided to extend the secrecy of the names of the sources, and that journalists are not obliged to disclose, to the phone calls made by Santoro.
FREEDOM OF EXPRESSION JOURNALISTIC SECRET
21/10
Although in 2020 Argentina was ranked second among the best ranked in the ranking of freedom of expression and the press, this year it is the country on the American continent that more descended in the same ranking released during the 77th Assembly of the Inter-American Press Association (IAPA). The evaluation was carried out by taking the Chapultepec Index, prepared by the IAPA and the Andrés Bello Catholic University, which takes into account four variables: informed citizenship and free to express themselves, exercise of journalism, media control and violence and impunity.
Argentina was among the countries with "partial restriction", just below Uruguay, Chile, Peru, Paraguay, the United States, Colombia and Ecuador, among others.
FREEDOM OF EXPRESSION JOURNALISTIC FREEDOM
26/10
In mid October appeared on offer for sale the database of the National Registry of Persons (Renaper). The person who was able to access that sensitive information posted 60.000 entries in a 2,7 GB file. Currently, USD 17.000 is being requested for the complete database, with the national identity documents of all Argentines. This information would include: photos, addresses, telephone numbers, DNI processing numbers, among others. In addition, in this context, the Ministry of Health of the Nation presented a judicial complaint where he ratified the leakage of sensitive information that involves the handling of sensitive data of Argentines who are in the base of 40 national hospitals, the ministries of the 24 provinces and some 50.000 users of the system are affected ”. Here an interview with the system hacker.
PRIVACY COMPUTER DATA PROTECTION CYBERSECURITY
04/10
The São Paulo Court of Justice upheld the decision that dismissed comedian Marcius Melhem's claim for compensation against presenter Danilo Gentili. The lawsuit was filed after Gentili mentioned, on his Twitter account, the case investigated by Piauí magazine, which, in December 2020, published an article with information on the complaint of moral and sexual harassment by Dani Calabresa and other actresses from TV Globo against Melhem. When analyzing the case, the rapporteur considered that the Federal Supreme Court, when ruling on the Direct Action of Unconstitutionality 4.451, defined that freedom of expression not only protects courteous or conventional opinions. The rapporteur also stated that Marcius Melhem, being a public person, is subject to a greater degree of scrutiny. To learn more about the topic, see the July monthly newsletter.
FREEDOM OF EXPRESSION CALUMNIES AND INJURIES
18/10
La Federal Police (PF) summoned the columnist of the newspaper Folha de S.Paulo and professor of Constitutional Law at the University of São Paulo (USP), Conrado Hübner MendeHe is to testify in an investigation about an opinion column published by him. The call is the consequence of an official letter from Minister Kassio Nunes Marques, of the Federal Supreme Court (STF), who asked the Attorney General's Office for measures to investigate possible crimes of slander, libel and defamation due to the criticisms published in the column of the teacher. Previously, the Attorney General of the Republic himself, Augusto Aras, had already criminally prosecuted Mendes for his publicly issued opinions, as described in the August monthly newsletter.
JOURNALISTIC FREEDOM CALUMNIES AND INJURIES
20/10
On October 20, the rapporteur of the Parliamentary Inquiry Commission on the conduct of the Brazilian government with respect to the Covid-19 pandemic and Senator Renan Calheiros presented two legislative proposals for the “fight against the elaboration and dissemination of disinformation”. The first proposal presented aims to include in the Penal Code the crime of “creating or spreading false news”. The project seeks to typify the act of creating or disseminating "news that you know to be false in order to seriously distort, alter, or corrupt the truth on an issue related to health, safety, the economy, or other relevant public interest." The sentences reach four years in prison and can be doubled. The second bill presented aims to change the Marco Civil da Internet, to force social network providers to identify users through identification document number. Another device would also force providers to take action against disinformation; The measures listed include the immediate removal of content posted by an unidentified user, the banning of unidentified automated accounts, and demonetization related to "spreading fake news or using fraudulent profiles."
DISINFORMATION FAKE NEWS
26/10
The Parliamentary Inquiry Commission (CPI, in Portuguese) on the conduct of the Brazilian government regarding the Covid-19 pandemic approved requests for a court order from the Federal Supreme Court (STF) to ban the president from social media. The ICC rapporteur decided to include the requests in the commission's final report after the president linked the Covid-19 vaccine with AIDS in a video posted on his social networks on 21.10. The banishment of President Bolsonaro from social media was requested by Senator Randolfe Rodrigues, which also asks the STF to determine Bolsonaro's retraction of his statements, under penalty of a fine of R $ 50 thousand a day for non-compliance, in addition to the "transfer of telematic confidentiality" from the president to the Attorney General and the Supreme Court. The digital platforms were asked to provide registration and IP data and to suspend the accounts linked to Bolsonaro. Already Senator Alessandro Vieira, who also submitted a request to the ICC, pointed out the disinformation content transmitted by the President in his video and proposes to send a copy of the document to Minister Alexandre de Moraes, rapporteur for the disinformation investigation at the Supreme Court, so that he can take action, including a determination to remove the content. The President of the ICC, Senator Omar Aziz, sent an official letter to the General Counsel of the Senate requesting "the preparation of the appropriate judicial measures in this regard".
FAKE NEWS DEPLATFORMING FREEDOM OF EXPRESSION
19/10
After months of tests and the pilot launch in specific sites in the country, specifically in the towns of Sotomo (Los Lagos Region) and Caleta Sierra (Coquimbo region), the Subsecretariat of Telecommunications (Subtel) gave green light to Starlink to provide its satellite services throughout Chile, after finishing the authorization process for the provision of the public data transmission service for five satellite ground stations, requested by the company, which will be located in the cities of Caldera, Coquimbo, San Clemente, Puerto Saavedra and Puerto Montt.
CONNECTIVITY
22/10
The processing of the bill that seeks to regulate digital platforms in Chile continues and is currently in the Future Challenges Commission, Science, Technology and Innovation of the Senate. Internet Society - Chile Chapter, along with other national and international civil society and academic organizations, have presented their critical observations to the proposed bill. Between these Internet Society - ISOC Chile Chapter that stated in an opinion article published on the counter points out that «What generates this proposal is that the platforms, as intermediaries, have more incentives to control and limit the expression, collect more data to make the quick decisions that are asked of them, and be more conservative in interpreting which expressions are acceptable within them, thus avoiding the risk of strict liability. In short, that they have more power, not less. To these critical observations have been added the talkatory made from OBSERVACOM with international experts from UNESCO, Article 19, Electronic Frontier Foundation and ISOC Latin America that can be seen here The Global Initiative network, which brings together international study centers and experts, on issues of freedom of expression and privacy, also sent a letter to the members of the Senate committee that can be reviewed. here..
LIABILITY OF INTERMEDIARIES FREEDOM OF EXPRESSION
26/10
The National Television Association (Anatel) stated this Wednesday, October 26, through its president, Ernesto Corona, that they consider it “very difficult” to implement the "Fact checking" (system to verify false information) during the next presidential debate, a measure proposed by the candidate of Approve Dignity, Gabriel Boric. The presidential candidate of Approve Dignity, Gabriel Boric, had sent a letter to the National Television Association to request that there be a system to detect false information in the next television debate, which will be on Monday, November 15. More information this article y this article.
FAKE NEWS DISINFORMATION
18/10
The Inter-American Court of Human Rights reported which handed down a judgment in the case of the journalist Jineth Bedoya Lima against the State of Colombia. The Court declared Colombia responsible for the kidnapping, torture and sexual violence suffered by the journalist in May 2000. This is the first time that the Court has issued a decision on the use of sexual violence against a journalist. It is also the first time that the Court has studied sexual violence in the context of the Colombian armed conflict. Among other things, the Court ordered the State to create a memory center dedicated to women victims of sexual violence and investigative journalism.
FREEDOM OF THE PRESS GENDER VIOLENCE
25/10
I will bealized in the First Committee of the Senate a forum to discuss bill 090 of 2021 which seeks to eradicate judicial harassment against journalists in Colombia. However, in a previous debate, several senators they were reluctant to pass the bill, which is why it may fall.
FREEDOM OF THE PRESS
27/10
Un citizen filed a tutela action against reggaeton singer J Balvin for the publication of the song and the music video Bitch. The video, which was removed from YouTube, showed two black women tied to a chain, as if they were dogs. The tutela action was also filed against various public entities such as the Presidency of the Republic and the Ministry of Culture because, according to the plaintiff, they had to take action against the video and did not do so. The guardianship was admitted by the Council of State.
DISCRIMINATION
14/10
Por through a video posted on social networks, an armed group threatened to the journalists of the digital medium La Posta. This portal has been carrying out reports on the situation of violence inside prisons in Ecuador, after more than one hundred people died in the midst of fights and riots inside the Litoral Penitentiary. The media was threatened and although the deliveries of the report Paz o Plomo continue to occur, it is clear that these types of acts must be controlled by the State, otherwise, they constitute direct threats to the freedom of expression and integrity of journalists . It is known that the Ecuadorian State has provided security measures.
FREEDOM OF THE PRESS
15/10
The cThe case of Judge Heidy Borja against Teleamazonas -which has been followed by CELE in these bulletins- is about to come to an end. Two weeks ago, an Appeal Court of the Province of Guayas heard the procedural parties and five amicus curiae. Four of them represented national and local associations of judges, judicial, magistrates and lawyers. Some consider this practice as an attack against judicial independence and against freedom of expression, since the judicial union would have enormous power of influence and pressure. The case will be resolved in the next two months. We recall that the case deals with a judicial official who sued a television channel for having made what she considers infamous and threatening pronouncements against her honor. Various journalists of 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.
FREEDOM OF EXPRESSION FREEDOM OF THE PRESS
20/10
Un new case of judicial pressure in Ecuador. A Criminal Judge, currently on trial by the prosecution for crimes associated with unjustified enrichment, sued the Teleamazonas television channel for a report on this issue that was published on its stellar newscast. The judge demands that the contents be downloaded because he considers them threatening his rights. Currently, the trial is pending and there is no sentence, although the judge in charge of the case has opened an unusual trial term. The attempt to silence journalists and the interruption of the free flow of information threatens freedom of expression, especially in its passive dimension, which implies the right of all citizens to inform themselves and receive opinions and data freely.
FREEDOM OF EXPRESSION ACCESS TO INFORMATION CALUMNIES AND INJURIES
22/09
At least 25 organizations from different parts of the world, alerted the Senate of the Mexican Republic, about the reform of the General Population Law, which includes the Unique Digital Identity Card (CUID), which seeks to create a database with data biometrics of all people of Mexican nationality, as well as foreigners living in Mexico. These organizations recommend to the Senate: Do not include biometric data as part of the National Population Registry; Determine that the CUID should rest on decentralized systems; Establish that obtaining the CUID is optional; Prevent the conditioning of access to public or private services to obtaining the CUIDM; Prevent the collection, storage or transfer of data that record the use of the CUID.
PRIVACY PERSONAL DATA PROTECTION
24/09
Article 19 together with other organizations and human rights specialists, showed their concern about the arrest warrants required by the Attorney General's Office against 31 academics from the National Council of Science and Technology for committing crimes in the context of organized crime, which may be disproportionate, and threaten against the freedom to carry out scientific research, the right to freedom of expression and the right to enjoy the application and benefits generated by said information.
FREEDOM OF EXPRESSION
05/10
La organization R3D expressed concern about the information released by the Commission for Truth and Access to Justice in the Ayotzinapa case, as it follows that the Mexican Army intercepted messages from public servants and individuals between 4 and October 5, 2014, without having the authority to do so.
FREEDOM OF EXPRESSION
08/10
Article 19 expressed concern about the actions of the Yucatan Attorney General's Office, which carried out investigative acts related to a journalistic note entitled Her "golden" retirement to a former official is revoked after investigations by the state anti-corruption subsystem, which indicates that the criminal investigation is derived from journalistic activity
FREEDOM OF THE PRESS
14/10
Article 19 reported his concern that on October 14, 2021, Cristian Torres Cruz, head of information for Radar BC and photojournalist for Semanario ZETA, in Mexicali, Baja California, was attacked by private individuals, and the authorities, instead of investigating the events that occurred, were They focused on questioning the journalist's work.
FREEDOM OF THE PRESS VIOLENCE AGAINST JOURNALISTS
20/10
La First Room of the Supreme Court of Justice of the Nation confirmed the suspension granted to the Federal Institute of Telecommunications so that it does not make expenditures for the installation, operation, regulation and maintenance of the National Register of Mobile Telephone Users, charged to its budget.
PERSONAL DATA PROTECTION
15/10
A bill of law of digital inclusion for the elderly, the present law aims to promote the access of the elderly to information and communication technologies.
DIGITAL INCLUSION
18/10
Members of the far-right group known as "La Resistencia" aggressively protested in front of a bookstore where the former president, Francisco Sagasti, presented his new book. Due to the numerous insults and attacks on the former president, the event was suspended.
FREEDOM OF EXPRESSION
20/10
The Fourth Civil Chamber of Lima declared void the sentence that, in turn, declared void the sale and purchase of shares of the companies Epensa and ABS in favor of Grupo El Comercio. In June, a constitutional court in Lima had determined that the concentration of 80% of readership by the press media affected freedom of expression and plurality of information. In the resolution of the Fourth Civil Chamber of Lima, it is indicated that Mrs. Olga Banchero, co-defendant, died before the aforementioned sentence was delivered, so there must have been “the appearance of all the person's successorsHowever, one of Mrs. Banchero's children did not attend. In this way, it is concluded that “The violation of the right to due process of the procedural succession has been proven (...) having incurred in the vice of insurmountable nullity”. The case must return again to the first judicial instance.
FREEDOM OF THE PRESS FREEDOM OF EXPRESSION
21/10
Ricardo Belmont, former mayor of Lima and informal advisor to the President of the Republic, denounced via Twitter being the victim of harassment through a drone that was prowling his home. His wife formalized the complaint before the police, in which he affirms that a drone “he flew over his property, (…) he sought to record images and / or disturb the work" from her husband. Then, on October 24, Belmont confirmed that the object belonged to the program Cuarto Poder, from the América Televisión network. In addition, he affirmed that his rights to personal and family privacy, and to the inviolability of his home, were being violated.
SURVEILLANCE
22/10
The 77th General Assembly of the Inter-American Press Association (IAPA) referred to the government of Pedro Castillo in one of its conclusions on violence against journalists and the media: “(…) The Peruvian media are experiencing the worst situation since the fall of the Fujimori regime, twenty years ago. (…) Journalists are prohibited from entering the Presidential Palace and Castillo has so far refused to sign the statements of Chapultepec and Salta, in favor of freedom of expression, in addition to not having given a single interview in two months and half".
FREEDOM OF THE PRESS VIOLENCE AGAINST JOURNALISTS