Number of LATAM projects as of August 2022
| COUNTRIES | PROJECTS | |
|---|---|---|
| ARGENTINA | 7 | |
| BRAZIL | 28 | |
| CHILE | 3 | |
| COLOMBIA | 14 | |
| ECUADOR | 2 | |
| GUATEMALA | - | |
| MEXICO | 13 | |
| PARAGUAY | 2 | |
| PERU | 2 |
Topics bills presented between August 2021 and August 2022
| 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 bills presented between August 2021 and August 2022
| 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% |
03/08
Retired Colonel José Martiniano Duarte was arrested for six days for having criticized the President of the Argentine Nation, Alberto Fernández. The former colonel expressed through a video published on social networks his nonconformity against the government in power, alleging that "Democracy is lost because of these useless politicians" and promoting the "comrades" to "defend democracy."
FREEDOM OF EXPRESSION HATE SPEECH
08/08
The television presenter Viviana Canosa I quit to Channel A24 where he directed his program "Viviana con vos" and communicated through his account Twitter that the main reason was due to differences with the channel regarding the concept of «Freedom of Expression». It should be noted that the journalist has been the center of discussion and scandals due to the type of speech that she developed on her program. Given this decision, she had the support of different political figures such as the former president of Argentina Mauricio Macri and the leader of the political party PRO Patricia Bullrich.
FREEDOM OF EXPRESSION
10/08
denounce before the United Nations judicial persecution and harassment against journalists in Argentina. The Argentine Journalism Forum expressed concern about the judicial persecution of the journalist Irene Benito, who has been in charge of dismantling cases of judicial corruption, impunity, arbitrariness carried out by the justice system, among others. Before the judicial process that is being carried out against him, the Public Prosecutor's Office appealed the ruling that annulled the participation as plaintiff of a lawyer, a lawyer and a public official who had been investigated by Benito for his connection to a series of cases of alleged judicial corruption.
FREEDOM OF EXPRESSION HARASSMENT JUDICIAL PERSECUTION
16/08
The head of the Agency for Access to Public Information, Beatriz Anchorena, met with a group of specialists on digital rights for updating the Personal Data Protection Law. Our Director, Agustina del Campo, attended the fourth dialogue table of the participatory debate process on behalf of the Center for Studies on Freedom of Expression and Access to Information of the University of Palermo.
FREEDOM OF EXPRESSION ACCESS TO INFORMATION
20/07
Moraes vs. Ivan Rejan. The Minister of the Supreme Federal Court (STF), Alexandre de Moraes, ordered the temporary detention, for 5 days, of Ivan Rejane Fonte Boa Pinto, who allegedly made threats to members of the STF and the Superior Electoral Court (TSE). According to research, Iván would have used social networks and messaging services to summon the population "to make abusive use of the rights of assembly and freedom of expression, to attack democracy, the rule of law and its institutions". Minister Alexandre de Moraes maintained that the narrated events point to a possible criminal organization to destabilize republican institutions. Also according to Moraes, the accused would have practiced a hate speech against people whose political position is contrary to his. In addition to the temporary detention, the minister ordered the search and seizure against Iván and the blocking of the accounts and social networks of the accused. On 25.07, the minister ordered the extension for another 5 days of the temporary detention of Ivan Rejane, and recalled that Ivan had posted a new video on YouTube on the day of his arrest reiterating the threats made.
FREEDOM OF EXPRESSION HATE SPEECH
27/07
Randolfe Rodrigues vs. Karlyson Rebolca. The Court of Justice of the Province of Amapá (TJAP) determined that councilor Karlyson Rebolça (PRTB), who published disinformation about Senator Randolfe Rodrigues (Rede/AP), publishes a video on his social networks in which Randolfe exercises the right to replica. In the post, Rebolça affirms that Randolfe would have taken advantage of his public position to obtain benefits from the paving works carried out on the road where he owns, and uses terms such as "spoiled senator", "gazelle" and "fine harangue". to refer to the senator. In his defense, Rebolça argued that he enjoys parliamentary immunity due to his mandate as a councilman, and that the position would be a regular exercise of freedom of expression. Judge Diogo de Souza Sobral said that the terms used in the video allow the conclusion that the publication is by Randolfe, and that Rebolça does not present evidence of the senator's accusation of personal benefit in public works. As for the arguments about parliamentary immunity and freedom of expression, he concluded that these institutes cannot be used "when what is promoted is the dissemination of news that is known to be false."
FREEDOM OF EXPRESSION DISINFORMATION
04/08
Withdrawal of video from the Jury Court. The Court of Justice of Rio de Janeiro (TJRJ), ordered the withdrawal of a direct made in a Jury Court, recorded by a lawyer. The decision came after the magistrate became aware of the publication of a live broadcast made by the defense attorney of a defendant who was acquitted in a plenary session of the Jury Court. The lawyer would have issued more than 40 minutes of judgment on Instagram. The recording would even include a passage from the trial that was made secret for the jury members' votes. The magistrate cited the constitutional rule that determines the secrecy of jury voting. The judge also determined a request to the Brazilian Bar Association (OAB) for science and the adoption of corrective measures that he deems pertinent.
JUSTICE ADMINISTRATION
10/08
Video in which Lula calls Bolsonaro a "liar" and a "coward." The Superior Electoral Court (TSE), denied the request of the Liberal Party (PL) to remove from YouTube and the official websites of the Workers Party (PT) and former President Lula, a video in which the latter calls Jair Bolsonaro "liar" and "coward". According to the PL, in the video – which was a recording of a public act that took place on 30.07 – Lula would have promoted early, positive and negative electoral propaganda, and offended Bolsonaro's honor. In his decision, Minister Raúl Araujo Filho understood that there was no positive early electoral propaganda, the lack of an explicit request to vote. In addition, the minister ruled out the possibility of negative electoral propaganda against Bolsonaro, understanding that although the adjectives used by Lula have a "hostile and acid tone", the TSE's jurisprudence has already established understanding that the elimination of "any criticism" could violate freedom expression.
FREEDOM OF EXPRESSION REPUTATION AND HONOR
Withdrawal of the video in which Lula calls Bolsonaro a genocide. The Superior Electoral Court (TSE), agreed to the request of the Liberal Party (PL) to withdraw the videos on YouTube in which former president Lula (PT) calls Jair Bolsonaro (PL) a "genocidal". In the application, the party reported that Lula would have promoted an early electoral propaganda by describing Bolsonaro as "genocidal", accusing the current president of a crime. The party also requested urgent precautionary measures for the removal of the content from the platform. According to Minister Raul Araujo Filho there was, in fact, an explicit request to vote in some passages of Lula's video, which characterize illegal electoral propaganda. In addition, according to the decision, there would be negative electoral propaganda for "apparent offense to the honor and image of the candidate for the position of President of the Republic." The minister pointed out that the jurisprudence of the TSE has already established the understanding that “orders to withdraw electoral propaganda […] are only legitimate when they have as their objective […] the protection of the honor and image of those involved in the dispute” .
FREEDOM OF EXPRESSION REPUTATION AND HONOR CONTENT MODERATION
12/08
Gilberto Barros and homophobia. The São Paulo Court of Justice (TJSP) sentenced television presenter Gilberto Barros Filho for homophobia. On his YouTube channel, "TV Leão", Gilberto Barros said that if he saw two men kissing in front of him, they would get beat up. The defense argued the atypical behavior and said that "the defendant's speech only reveals the need to re-educate the human thought of society." The judge, in her decision, understood that Gilberto Barros practiced and induced discrimination and prejudice based on sexual orientation, making use of hate speech. The magistrate affirms that there was fraud in the presenter's demonstration, which cannot be considered freedom of expression, and that the publication of the video on the YouTube channel, which has 207.000 subscribers, facilitated the dissemination of discriminatory speech. The judge pointed out that the STF has already decided that homophobia is equivalent to the crime of racism. The presenter was sentenced to 2 years in prison and a 10-day fine. The sentence of imprisonment was replaced by two restrictive sentences of rights, namely: provision of services to the community and pecuniary benefit.
HATE SPEECH DISCRIMINATION
01/08
In a month of operation of the new Colombian Congress, inaugurated on July 20, at least nine projects have been presented that would have a positive or negative impact on the rights to freedom of expression and access to public information. On August 1, a group of seventeen congressmen from various parties presented a bill that would establish the “easy to read statement format”, which would oblige justice administrators to communicate their judgments to the public in a format with non-technical, direct and simple language that facilitates understanding.
JUSTICE ADMINISTRATION ACCESS TO INFORMATION
04/08
On August 4, three days after handing over his position to the minister of the new Government, the Minister of the Interior of former President Iván Duque presented the bill that seeks to create the fund for prevention, protection and assistance to women journalists. The project is presented in compliance with the sentence against the State of Colombia by the Inter-American Court of Human Rights in the case of Bedoya Lima et al v. Colombia, in which the responsibility of the State for the kidnapping, torture and sexual violence against the journalist Jineth Bedoya Lima was declared.
FREEDOM OF EXPRESSION FREEDOM OF THE PRESS GENDER VIOLENCE
07/08
On August 7, a group of 26 congressmen from different parties presented a project that establishes measures to prevent, eradicate and punish violence against women who are in political life. The project seeks to protect pre-candidates, candidates and elected officials from what it considers to be forms of political violence. However, the project establishes some broad and ambiguous restrictions that do not meet the standards required to limit freedom of expression. For example, the act of "denigrating" a woman based on gender stereotypes is prohibited, but it does not clarify what should be understood as denigrating.
FREEDOM OF EXPRESSION GENDER
19/08
Last July, a reform to the Communication Law was presented by the National Government with the intention of guaranteeing people who are affected by the social media. purpose that worried to social organizations and journalistic media as it reflects the intention to persecute journalists and media outlets, especially those who have denounced acts of government corruption.
Given the concern about the reform of the Communication Law, the Executive is analyzing the reforms to define a total or partial veto, for unconstitutionality or a mixed objection that will be sent to the Assembly and to the Constitutional Court to define whether or not it violates the right to freedom of expression.
FREEDOM OF EXPRESSION FREEDOM OF THE PRESS
25/08
They settled five thousand cameras that detect license plates, faces and “suspicious” movements in unsafe areas of the city of Guayaquil in order to capture people who carry out criminal acts.
In front of the test phase of the video surveillance system, the mayor Cynthia Viteri commented "Right now the system is feeding on the movements so that with any abnormal movement, this system will launch an alarm that will be monitored by the operator and the call will be immediately dispatched to the units of the Police, the Pumas group, the Traffic and Mobility Agency (ATM) or the Fire Department. The new five thousand cameras are part of the fifteen thousand cameras that are already installed.
SURVEILLANCE PRIVACY
04/08
In the first week of August, the Congress of the Republic approved Decree 39-2022, which contains the so-called “Cybercrime Prevention and Protection Law”. From the moment the approval of said law was made public, great opposition was generated from various academic and professional sectors of the country, but especially from the media, since it was considered that said law contained two articles in particular (9 and 19) that, due to the confusing and open wording, would allow the punitive power of the State to be used as a limitation to freedom of expression and emission of thought. Amparo actions were even filed before the Constitutional Court to stop said law before being sanctioned by the President of the Republic.
So great was the public opposition that the Congress of the Republic of Guatemala decided "file" the decree based on article 125 of the Organic Law of the Legislative Body. And this is how Decree 39-2022 has been removed from the archives and is no longer accessible on the website of the Congress of the Republic, in the legislative queries section. It is feared that the majority party in Congress (the ruling party) will once again try to approve a law like the one now left without effect, as it has not been sent to the Presidency of the Republic for its corresponding sanction, or veto.
FREEDOM OF EXPRESSION CYBERCRIME
09/08
On May 10 of the current year, several deputies that make up the so-called "official bloc" presented a controversial bill identified with Number 6076, called “Law for the Strengthening of the Public Security Forces and the Army of Guatemala”. Different civil society organizations have strongly opposed this bill, considering that it contains a clearly repressive of the rights of free assembly and public demonstration recognized by the Political Constitution.
The Congress, faced with the constant opposition of the media, indigenous communities and other social organizations, has offered to withdraw the corresponding initiative from the parliamentary debate, and yet, until August 24, 2022, the debate has continued and has already been approved in second reading (of three necessary, before its final draft by articles). Although the official website of the Congress of the Republic of Guatemala has not yet publicly reported on the progress of the project. The population remains very attentive to what the Legislative Body does, since the Army and the National Civil Police have indeed been acquiring supplies that are used for the repression and control of demonstrations (rubber bullets, tear gas, among others).
FREEDOM OF EXPRESSION
18/08
The Inter American Press Association (IAPA) published on August 19 of the current year, a release addressed to the President of the Republic of Guatemala (Alejandro Giammatei) in which he expresses his deep concern about the process initiated against José Rubén Zamora, President of “elPeriódico de Guatemala”, imprisoned since July 29.
The IAPA literally stated: “We consider that this case can be considered (sic) as an attack against press freedom, for which we ask for guarantees of due process, that the integrity of the journalist be respected and that an adequate framework be provided for the continuity of the press. the company and for the protection of information sources and work items. We reject his arrest because we consider that it implies an act of intimidation and harassment against the press… ”.
The Zamora case has generated great national and international interest, given the notorious journalistic figure involved (CPJ International Press Freedom Awards -1995; Maria Moors Cabot - 1995; Rey de España International Journalism Award - 2021). In short, this arrest through a procedure that generates much more shadows than lights, to which is now added the recent arrest of the Financial Director of elPeriódico (Friday, August 19), is part of a series of actions by authorities Guatemalan public authorities, such as those reported in these "monthly bulletins", which are considered part of a government strategy to silence the constant denunciations of corruption and the possible protests that this could generate.
JUDICIAL PERSECUTION HARASSMENT FREEDOM OF THE PRESS
01/08
Relatives of the multi-homicide that occurred in 2015 in Colonia Narvarte, together with civil society organizations Article 19 and Social Justice insisted on the demand for truth, justice and reparation, and that the investigations be carried out considering the journalistic work of one of the people killed that day.
JUSTICE ADMINISTRATION VIOLENCE AGAINST JOURNALISTS
10/08
R3D denounces that the National Institute of Transparency, Access to Information and Protection of Personal Data has not shared the information that the Mexican Soccer Federation and LigaMX have delivered to the institute in relation to FANID.
ACCESS TO INFORMATION
12/08
Journalist Avelina Guevara, reporter for Informativo Ágora and national correspondent for Milenio, and journalist Miguel García, reporter for Informativo Ágora, were attacked by municipal police from Celaya, Guanajuato. Article 19 He criticized the actions of the authorities and demanded that the facts be investigated.
VIOLENCE AGAINST JOURNALISTS
15/08
R3D denounced the National Electoral Institute for excluding civil society organizations from the discussion on internet voting.
REGULATION OF TECHNOLOGIES ACCESS TO INFORMATION DEMOCRACY
16/08
El Front for Freedom of Expression and Social Protest expressed its rejection of the law initiative called the Law of Public Demonstrations of the State of Aguascalientes, by virtue of the fact that it seeks to criminalize social protest.
FREEDOM OF EXPRESSION
17/08
Journalist Jaime Hernández was allegedly attacked by people close to Judge Gerardo Aldape Ballesteros. Article 19 it reproaches these acts and demands a diligent investigation of them.
VIOLENCE AGAINST JOURNALISTS
22/08
Journalist Humberto Padgett along with Article 19 They asked the Mexico City Attorney General's Office and the Mexico City Executive Commission for Attention to Victims to address the recommended points indicated in Recommendation 19/2019 of the Mexico City Human Rights Commission.
JUSTICE ADMINISTRATION VIOLENCE AGAINST JOURNALISTS FREEDOM OF THE PRESS
El journalist Fredid Roman He was assassinated in Chilpancingo, Guerrero. Article 19 requires the authorities to carry out a diligent investigation and measures to protect his relatives.
VIOLENCE AGAINST JOURNALISTS
23/08
R3D highlights that the Report of the Presidency of the Commission for Truth and Access to Justice on the Ayotzinapa Case, published on August 18 of the same year, confirms the use by the Mexican armed forces of the Pegasus malware to intercept communications in Mexico.
SURVEILLANCE PRIVACY
01/08
The trial filed by the former Head of the Secretary of State for Taxation Marta González against the director Natalia Zuccolillo, and the journalist Juan Carlos Lezcano of the ABC Color media outlet will begin for publications referring to public purchases. Lawyer Alejandra Peralta, specializing in Human Rights, highlighted the sanctions imposed by the Inter-American Court on Paraguay for attacks on freedom of the press through the use of criminal proceedings to avoid incurring in repetitive acts of violation of the rights to freedom of expression.
FREEDOM OF EXPRESSION FREEDOM OF THE PRESS
18/08
Presented before the Chamber of Senators a Bill that seeks to modify the Law of Free Citizen Access to Public Information and Government Transparency. The approval of this Project will oblige the competent state agencies and entities to expose the data, in a systematized and orderly manner, of each project or program and content to be executed, with specific mention of the beneficiaries of such allocations.
PERSONAL DETAILS
The Bill that establishes the "Safe Street" regime is presented in the Chamber of Deputies. The main objective of the project, according to its first article, is to grant the security authorities, binding regulations for their efforts, regarding prevention and security planning in the streets, as well as the massive use of technology.
REGULATION OF TECHNOLOGIES
22/08
Presented in the Chamber of Deputies a Bill that regulates the application of the fingerprint in the elections. This project intends to implement the fingerprint with a biometric system as an additional identification mechanism for the voter to access the vote. Each fingerprint must be previously registered in a system that will contain personal data and a photograph of the voter, however it is guaranteed that the secrecy of the vote, established in art. 118 of the Constitution of Paraguay.
PRIVACY PERSONAL DETAILS SENSITIVE DATA
31/07
The Press and Society Institute (IPYS) condemned the threats from Peruvian President Pedro Castilo to denounce the television journalistic program Panorama, after this newscast reported on the testimony of Bruno Pacheco as an aspiring effective collaborator. According to the former secretary general of the Government Palace, Castillo would have received 30 thousand soles in exchange for appointing the economist Hugo Chávez Arévalo as head of the state oil company Petroperú, among other reported facts.
IPYS recalled that the Panorama report includes the statements of a third party, who, in court, is declaring alleged crimes committed by Pedro Castillo through bribes in exchange for positions in the State. This action would be protected by faithful reporting.
FREEDOM OF EXPRESSION FREEDOM OF THE PRESS
02/08
The Public Ministry filed a criminal investigation against the journalist Ernesto Cabral Mejía, for the alleged crime of improper disclosure of the identity of an aspiring effective collaborator, a crime punishable by up to six years in prison. This process began in 2019, after Ojo Público and The Intercept Brasil will reveal a series of irregular coordinations between the alleged collaborator candidate and prosecuted for money laundering, Martín Belaunde Lossio, and two prosecutors from the anti-corruption system, Elmer Chirre Castillo and David Alan Castillo.
In its resolution, the Prosecutor's Office mentions freedom of information, since it indicates that "despite having made mention [...] of the identity of an effective collaborator, it cannot be considered illegitimate, such mention is revealed as necessary to achieve a constitutionally legitimate end.
FREEDOM OF EXPRESSION FREEDOM OF THE PRESS
15/08
The Constitutional Court (TC) declared a claim unfounded of habeas data filed by Miguel Arévalo Ramírez, allegedly investigated for drug trafficking, against several media outlets and Google, for disseminating information about the investigations carried out against him, invoking the right to be forgotten.
In the sentence, although the TC recognizes, in a general way, the right to be forgotten, it also determines that, in the specific case, the information disseminated by the media was based on objective and verifiable data, constituted by investigations related to drug trafficking. and the financing of terrorism. It also specifies that this information enjoys the highest relevance and public interest, and constitutes a news event that must be subject to scrutiny through the exercise of the fundamental right to freedom of information.
FREEDOM OF EXPRESSION RIGHT TO BE FORGOTTEN ACCESS TO INFORMATION
19/08
The congressmen of the official parliamentary group Peru Libre, presented the bill 2862/2022-CR, which aims to raise the jail sentence, to five years of effective prison, for cases of defamation, involving the use of the media, social networks or websites. The National Association of Journalists has warned that this initiative is contrary to the international legal doctrine that points to the decriminalization of the so-called crimes against honor.
FREEDOM OF EXPRESSION PENAL CODE DEFAMATION
