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 as of June 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 June 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 June 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%

04/06

Cristina Kirchner denounced through his Twitter account the dissemination of information against him sent to different journalists from the Ministry of Production in off-line text messages. The accusations revolved around the vice president's officials for the conditions in which the contracting of gas pipeline pipes was carried out and in which they were also accuses of having put together a bidding document tailored to Techint. The Ministry of Production issued a release explaining that the information was false.

DISINFORMATION DEFAMATION

10/06 

The mayor of Buenos Aires, Horacio Rodríguez Larreta ordered, through a resolution, ban inclusive language in all the academic classrooms after the low results obtained by the students in Language. The resolution establishes: Teachers "must develop teaching activities and carry out institutional communications in accordance with the rules of the Spanish language, its grammatical norms and the official guidelines for its teaching." The use of "e" to mark the plural or non-binary gender, as in the case of "friends" or "alumne", is prohibited. In writing, the “x” or the “@” sign cannot be used either.

FREEDOM OF EXPRESSION EQUALITY AND NON-DISCRIMINATION

28/06 

The Supreme Court reversed the ruling of the Civil Chamber that favored Natalia Denegri against internet search engines to deindex information related to the "Coppola Case" and protect her right to be forgotten. The judges of the high court concluded that since it is a case of public interest, the elimination of such content from Internet search engines would directly affect the right to freedom of expression and access to information because it implies "the right to transmit ideas, facts and opinions through the Internet and search engines, a tool that has become a great public forum due to the facilities it provides to access information and to express data, ideas and opinions”. He pointed out the importance of regulating restrictions in cases that seek prior censorship. 

FREEDOM OF EXPRESSION ACCESS TO INFORMATION RIGHT TO BE FORGOTTEN

13/06

Antifascist dossier. El Federal Supreme Court (STF) declared the so-called “anti-fascist dossier” unconstitutional. The document was prepared by the Secretariat of Integrated Operations of the Ministry of Justice against 579 members of federal and state security and three university professors identified as members of the anti-fascist movement. The dossier, prepared in 2020, mapped and monitored public officials critical of the Bolsonaro government, identifying names and, in some cases, photographs and social media addresses. According to reports in the newspapers of the time, the file would have been distributed to the federal and state public administrations.  Judge Cármen Lúcia, rapporteur for the case, identified a misuse of state machinery to collect personal information from public employees who oppose the government and an affront to the fundamental rights of free expression of thought, privacy, assembly and association

SURVEILLANCE

18/05

Deindexation of offensive terms. El Court of Justice of the State of Rio de Janeiro ordered the Google, Facebook and Twitter platforms to deindex offensive terms and other words associated with a video in which a judge gives voice to arrest a homeless man for disobedience, after the man remained outside the forum after receiving the order to leave. According to the judge, the publication of the video generated a strong impact on social networks, which led users to make threats and contrary and offensive comments against her. The magistrate filed a lawsuit for "obligation to do" against the platforms, in which she requested the deindexation of the video and other words that are supposedly related to her name, in addition to claiming compensation for moral damages. The TJRJ determined (i) the maintenance of the video (ii) the exclusion of the condemnation of the platforms to compensate the magistrate, and (iii) maintaining the deindexing order of some of the words. According to the rapporteur of the case, these terms have "no relation to the facts" and, therefore, should be deindexed from the name of the author and her position. 

CENSORSHIP DELETION OF CONTENT

24/05

Condemnation of publication affirming racist hiring practices. The  São Paulo Court of Justice confirmed the conviction of a woman who posted on Twitter that she had not been hired by a store because she was not white. In the post, the defendant – who was looking for a job in a store in her city – said that she had just seen a post from the store with an image of the bosses and employees: “(…) now I understand why even sending several resumes I never got to work there kkkkkkk only white people». In a subsequent post, the defendant also revealed the name of that store, prompting its owner to file a lawsuit.  The court of first instance sentenced the author of the tweet to pay 5 thousand reais for moral damages. In second grade, the speaker said that «The right to freedom of expression cannot be invoked to support speeches made with the clear purpose of offending and causing embarrassment to others».

FREEDOM OF EXPRESSION

07/06

Bolsonaro against journalists. The São Paulo Court of Justice condemned President Jair Bolsonaro for collective moral damages to the category of journalists. The conviction occurred within the scope of the Public Civil Action filed by the Union of Professional Journalists of the State of São Paulo, which alleged repeated attacks on the category of journalists by the president on his social networks and requested (i) urgent precautionary measures for the president to refrain from publishing said attacks and (ii) compensation in the amount of BRL 100.000,00. Despite not granting the first request, arguing that it would characterize censorship and that the intended prohibition is already provided for in the law, the Court upheld the request for compensation in the amount requested, which must revert to the State Defense Fund of diffuse rights.

FREEDOM OF EXPRESSION

10/06

Wassef against Juliana Dal Piva. El São Paulo Court of Justice sentenced the lawyer Frederick Wassef and the journalist Juliana Dal Piva to compensate each other, both in the amount of R$ 10.000,00. The journalist, during an investigative report on President Jair Bolsonaro, Wassef's client, received a WhatsApp message of the lawyer who brought her to file the lawsuit. The judge considered the moral damage configured (i) by Wassef, for stating in the message that Dal Piva would be deceiving his audience and questioning the sexuality of the author and (ii) by the journalist, for the non-consensual disclosure of the message encryption.

DEFAMATION PRIVACY

14/06

The Superior Court of the District of Bogota issued a guardianship sentence that forced the two candidates who would face each other in the second round of the presidential election to participate in a debate that will inform the public about their program and government proposals, after the candidate Rodolfo Hernández refused to debate after the first lap. Although the sentence was granted to protect the fundamental right to choose and be elected, the sentence generates an interesting tension for freedom of expression, having on the one hand the right to access information of the greatest public interest and on the other the right not to be forced to express themselves.

FREEDOM OF EXPRESSION ACCESS TO INFORMATION

19/06

The second round of the presidential election was held, culminating a campaign period in which serious attacks against the press were experienced. The two final candidates, Gustavo Petro y Rodolfo Hernandez, were hostile at some point in the campaign against the press, stigmatizing journalists. In addition, the Foundation for Press Freedom (FLIP) led the signing of a release by several Latin American organizations that expressed concern about the siege against the Colombian press during the presidential campaign. According to FLIP, up to June 14, 47 aggressions related to the coverage of elections were documented from multiple actors, including the campaigns of the two candidates.

FREEDOM OF EXPRESSION FREEDOM OF THE PRESS

20/06

The current Congress finished its last period of sessions. The new Congress will take office on July 20. With the closing of sessions, several bills that promote or limit freedom of expression will be shelved for not having been approved even in the first debate. For example, bills will be shelved that seek to guarantee a minimum of internet access through the residential fixed network (bill 54/21 Chamber) or establish the obligation of productions that broadcast on open television to incorporate the system of audio description for people with visual disabilities (bill 62/21 Chamber).

FREEDOM OF EXPRESSION

20/06

New law on Computer Crimes is published in Chile. During June it was published in the Official Gazette of Chile, the Law 21.459, which establishes rules on computer crimes, which repeals Law 19913 and modifies other legal bodies, in order to adapt them to the requirements of the Convention on Cybercrime of the Council of Europe, known as “Budapest Convention”, of which Chile is a party. This new law has implications for telecommunications service operators.

The regulations classify as crimes: attacks on the integrity of a computer system, illegal access, attack on data integrity, data falsification and computer fraud; It also makes it a crime to deliver or obtain devices created or adapted for the perpetration of this type of act.

It also incorporates the authorization for academic research that constitutes a form of recognition of vulnerability detection activities or also known as "ethical hacking", but restricted. In this sense, the law states that in order to carry out these activities, the authorization of the owner of the computer system will be required,

Finally, the Public Prosecutor's Office is authorized to require, on the occasion of a criminal investigation, any supplier to preserve or protect computer data or specific information included in a computer system. The data will be kept for 90 days, extendable for the same time only once. The required companies will be obliged to "provide collaboration" and "keep secret of the development of this diligence".

CYBERCRIME PRIVACY PERSONAL DETAILS

22/06

The processing progresses recognizes the Internet as a public service. The Public Works, Transportation and Telecommunications Commission finished voting in particular the bill, initiated in a message, which recognizes Internet access as a public telecommunications service.

The proposal incorporates technological neutrality with certain conditions of public health protection. Also, it guarantees the shared use of certain frequencies. It establishes that the installation, operation and exploitation of public telecommunications services will be contained in a "National Digital Plan", in charge of the Undersecretary of Telecommunications (Subtel). This instrument will be governed by the principles of universality, continuity, technological neutrality and infrastructure sharing. Also, for transparency, efficiency and non-discrimination in the allocation and recovery of scarce resources, fundamentally, the radio spectrum and numbering, among other points.

The text determines some obligations for public service concessionaire companies that provide fixed internet access. Its processing continues to be reviewed by the Treasury Commission of the Chamber of Deputies. 

INTERNET ACCESS

22/06

In the midst of fifteen days of protests, Ecuador registers violations of freedom of expression. Ecuador is in the midst of a wave of demonstrations against the government of Guillermo Lasso Mendoza, which took office in May 2021. Various indigenous movements, transportation unions, farmers and students have joined a national strike in which the press has had difficulty covering by a stigmatization of both sides of the demonstration.

Journalists related to the indigenous sectors and identified with the marchers have denounced that the National Police has not allowed full coverage of the demonstrations in which there have been serious complaints of human rights violations and excesses by the public force. In this sense, digital media such as Radio La Kalle, Radio Pichincha or Warmis -identified with sectors of the left related to the mobilization- have stated that the public force has not provided sufficient guarantees to record the events of the marches or do the complete reporting. .

On the other hand, journalists identified with sectors that oppose the demonstrations and the growing use of violence, have denounced that the demonstrators They have attacked them and have prevented coverage at the site of the events, using stigmatizations typical of the Government of former President Rafael Correa that prevent the full exercise of freedom of expression, in particular those related to the corrupt, right-wing or establishment press. Several journalists, including Hernan Higuera from Ecuavisa or reporters from Teleamazonas have denounced verbal and physical attacks when trying to carry out the coverage.

Ecuador continued its national strike and although the government has made progress on some points in the debate, the social situation is on a critical course and the complaints of violations of the freedom of expression of journalists who try to carry out full reporting continue their course and are being documented.

FREEDOM OF EXPRESSION VIOLENCE AGAINST JOURNALISTS

16/06

The digital media "Agencia Ocote" reported that the Disney-Pixar film "Lightyear" was the subject of a warning about its “content with gender ideology” in a movie theater of the Alba Cinema Circuit, owned by the same business consortium that owns the four most important open television channels in Guatemala.

FREEDOM OF EXPRESSION EQUALITY AND NON-DISCRIMINATION

28/06

An important group of journalists, opinion columnists, human rights activists; non-profit entities and non-governmental organizations for human rights and some digital communication media, published a release of the press rejecting censorship, violence and criminalization to restrict Freedom of Expression. In said communication, recent cases are highlighted that show, according to those who sign it, the deterioration of the conditions for the journalistic exercise in Guatemala. They highlight the case in which a judge ordered the Public Ministry to investigate Ocote Agency journalists who interviewed the former prosecutor Virginia Laparra in prison and produced a podcast about your case.

FREEDOM OF THE PRESS

02/06

La Supreme Court of Justice of the Nation determined that the presidential decree through which fiscal time on radio and television was reduced is constitutional and does not invade the powers of other public institutions. This resolution derives from the constitutional controversy presented by the National Electoral Institute. For Article 19, the decision is a setback to the right to information and urges the Supreme Court of Justice of the Nation to be guided in subsequent matters through international standards on the matter. 

HANG TAGS: 

ACCESS TO INFORMATION

04/06

Journalists Rony Aguilar and Rodrigo Bastos were attacked by police officers from the Campeche Citizen Protection and Security Secretariat, at the time they were documenting the irregularities they committed as part of the breathalyser operation. These facts were denounced by Article 19 on June 6, 2022, requiring the head of this unit to avoid stigmatizing or inhibiting the exercise of freedom of expression and in turn recognize the importance of journalistic work, as well as train staff to prevent subsequent attacks and punish those responsible; and, to the Human Rights Commission and initiate a complaint, issue precautionary measures and recommendation for the events that occurred. 

FREEDOM PRESS VIOLENCE AGAINST JOURNALISTS

08/06

Article 19 denounced the identity impersonation suffered by the journalist Anabel Hernández on Twitter, as well as the subsequent stigmatization in the section "Who is Who in the Lies" that is presented every Wednesday at the morning conference of the President of Mexico. The organization required the Prosecutor's Office to investigate the facts, Twitter to be diligent in cases such as the one described, the Journalist Protection Mechanism to include the statements made by public servant García Vilchis in the journalist's risk analysis, and the Presidency of the Republic, to eliminate the section “Who is Who in the Lies”. 

PERSONAL DETAILS VIOLENCE AGAINST JOURNALISTS

22/06

The public apology instructed by the Fifth District Court residing in Mérida in favor of the journalist Edwin Canché, by virtue of the human rights violations -particularly the right to freedom of expression- that occurred on January 1, 2014 and committed against him by of the former mayor of Seyé, the former Director of the municipal police and two other former municipal police officers. For Article 19 and other organizations that accompanied the journalist, this act is part of the reparation in favor of the journalist. It is noteworthy that six days before it was intended to take the apology public, but since it was not widely and properly disseminated, it was postponed for day 22.  

FREEDOM OF EXPRESSION

23/06

Several civil society organizations, including Article 19, denounced the judicial harassment suffered by the journalist Francisco Rivera Cruz and the newspaper Gente del Balsas, by the municipal president of Lázaro Cárdenas, Michoacán. The judicial harassment derives from the moral damages lawsuit filed in April 2022 by the official against the newspaper and the journalist, as a result of the note "ASM instructs to expand complaints against the government of Itzé Camacho" published on January 29, 2021. 

VIOLENCE AGAINST JOURNALISTSA

Article 19 issued a statement acknowledging the opening of archives and military facilities linked to the dirty war in Mexico that occurred in the period 1965-1990, which began with the symbolic activity called "Ceremony of the start of activities of the Commission for Truth and Justice for the Events that occurred between 1965-1990, with the Secretariat of National Defense." 

JOURNALISTIC DATA

31/05

Campaign launched on data security in digital services #Don'tShareYourPassword, campaign inter-institutional agreement on data security in digital services, called #Don'tShareYourPassword is an initiative promoted by the State Attorney General's Office and the National Police, with the support of the Chamber of Mobile Operators of Paraguay. The message that is sought to install in public opinion is "I shared everything, but never share your password." This multisectoral alliance that involves entities from the public and private sectors aims to make citizens aware of taking all the necessary security measures to protect their identity and digital passwords.

CYBERSECURITY PERSONAL DETAILS PRIVACY

07/06

report massive attacks by cybercriminals on bank accounts. Several users reported having received emails supposedly from their bank where they were informed that their account had been blocked and for security reasons and requested to enter a link to supposedly recover their data. There were no flaws in the Bank's security, but users were victims of phishing (social engineering).

PRIVACY PERSONAL DETAILS

02/06 

The defense of the politician and businessman César Acuña dropped the lawsuit for aggravated defamation filed against the journalist Christopher Acosta, author of the book “Plata como cancha”, and against Jerónimo Pimentel, general editor of the Penguin Random House Publishing House in Peru. The case was in the second instance, after a judge had sentenced Acosta and Pimentel, in a sentence that was subject to to much critics.

FREEDOM OF EXPRESSION CALUMNIES AND INJURIES DEFAMATION

15/06 

Parliamentary reporters and chroniclers they were able to enter again to the galleries of the hemicycle of the Congress of the Republic, after two years in which their access was restricted, due to the COVID-19 pandemic. The re-entry of women and men from the press has not been complete, as the number of people and free access spaces have been limited.

FREEDOM OF THE PRESS

Judge Jianfranco Pinto Fernandez declared stubborn inmate the journalist Gastón Medina, director of Cadena Sur TV Channel 15, ordering his immediate capture at the national level. The judge's order was issued due to the journalist's absence from the hearing to begin the oral trial for a defamation proceeding against him, scheduled for the morning of June 15. The day before, the journalist's defense had submitted a brief to the court to explain that Medina could not attend the hearing because he had a medical appointment at the same time. Medina had been sued by the president of the Superior Court of Justice of Ica, Rafael Fernando Salazar Peñaloza, for the publication of a report on the investigation carried out by the Public Ministry regarding an alleged criminal organization that operates within the Regional Government of Ica.

FREEDOM OF EXPRESSION DEFAMATION

24/06

The head of the Ministerial Cabinet, Aníbal Torres, announcing that the Executive Branch will present a bill to penalize the dissemination of reserved information in a criminal investigation. A few days before, the Minister of Justice and Human Rights, Felix Chero, had stated in an interview that the government was preparing a legislative initiative to punish judges and prosecutors for leaking information. The announcement was made after the press released information about the statements of businessman Zamir Villaverde before the Prosecutor's Office, who is under preventive detention, within the framework of a criminal proceeding for corruption of officials in public tenders involving the former Minister of Transport and Communications, Juan Silva, and the President of the Republic, Pedro Castillo. The ad has been listed as a gag looking censor the press and prevent public knowledge of investigations that harm the government's image.

FREEDOM OF EXPRESSION FREEDOM OF THE PRESS