
Number of LATAM projects between January 2024 and October 2024
COUNTRIES | PROJECTS | |
---|---|---|
ARGENTINA | 10 | |
BRAZIL | 14 | |
CHILE | 4 | |
COLOMBIA | 2 | |
ECUADOR | 1 | |
GUATEMALA | 1 | |
MEXICO | 13 | |
PARAGUAY | — | |
PERU | 12 |
Topics of the bills presented between January 2024 and April 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 the bills presented between January 2024 and April 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% |
23/10
Deputy Monica Macha presented the Bill No. 6319-D-2024 “Crime of digital impersonation”. The bill criminalizes the creation, impersonation or use without consent of the digital identity or data of a person (human or legal) through technology or the Internet, with the intention of committing a crime, causing harm or obtaining a benefit for oneself or for third parties.
ARTIFICIAL INTELLIGENCE
23/10
Deputy Monica Macha presented the Bill No. 6318-D-2024 “Crime of digital harassment”. The bill criminalizes the use of technology or the Internet to harass, stalk, intimidate, monitor, disclose personal data without consent causing harm; or contact a person disrupting their daily life.
PRIVATE LIFE
23/10
Deputy Lilia Lemoine presented the Bill No. 6312-D-2024 “Amendments to the Criminal Code and the Code of Criminal Procedure on false accusations.” The bill establishes aggravating circumstances for accusations determined to be false, in the context of criminal or family proceedings related to gender violence, in cases where the slander has been spread through the media, among others.
FREEDOM OF EXPRESSION GENDER VIOLENCE
21/10
Deputy Andrea Freites and others presented the Bill No. 6230-D-2024 “Identification, registration and classification of the national human potential”. The bill establishes that the updating of identification data in the DNI will be carried out, for the first time, between 2 and 3 years of age. Then, every 3 years, between 6 and 18 years of age. And, again, upon reaching 30 years of age; including photographs and fingerprints at each stage.
PERSONAL DETAILS
17/10
Senator Diego Giuliano, presented the Bill 6156-D-2024 «Regulatory framework for artificial intelligence». The bill aims to define the legal framework for the development, research and use of Artificial Intelligence (AI) in Argentina. In this regard, it mandates the creation of a National Registry of AI Systems, to which those who develop and/or operate AI systems must register. It also establishes a categorization of AI systems according to their risk (high, medium and low). It also prohibits the use of AI for certain activities such as «social scoring» (i.e. classifying people according to certain social traits), assessing the risk of a person committing crimes, among others.
ARTIFICIAL INTELLIGENCE PERSONAL DETAILS
17/10
Deputy Manuel Ignacio Aguirre presented the Bill 6139-D-2024 “Statements made by State authorities.” The bill establishes that statements made by the authorities of the national State must be framed within decorum and respect for the constituted Powers of the Republic and their representatives, under their responsibility.
FREEDOM OF EXPRESSION
16/10
Deputy Gisela Marziotta presented the Bill No. 6120-D-2024 “Mandatory national digital labeling of identities on mass social networks.” The bill aims to create a mandatory national “Digital Labeling” system that classifies users of mass social networks into categories in order to guarantee the transparency of their identity, but without compromising their personal information. To this end, the labeling will include the identification of “Human Users,” “Bots,” and “Multi-Accounts.”
SOCIAL MEDIA PERSONAL DETAILS
16/10
Deputy Alicia Kirchner presented the Bill No. 2004-S-2024, “Protection and prevention of access and use of online gambling and betting by girls, boys and adolescents and the prevention of problematic behavior.” The bill aims to protect and prevent access and use of online gambling and betting by girls, boys and adolescents. In this regard, all advertising, promotion and sponsorship of online gambling and betting in content aimed at minors, or that is broadcast in sporting events, or that is broadcast between 6:00 a.m. and 22:00 p.m., among other measures aimed at the aforementioned purpose, is prohibited.
ADVERTISING PREVENTION AGAINST GAMBLING ADDICTION PROTECTION OF MINORS
10/10
Senator Alejandra M. Vigo presented the Bill No. 1982/24 “Bill that criminalizes digital or telematic violence against women.” The bill criminalizes cyberflashing (sending obscene photos without consent), upskirting (filming a person in sexual representations without consent), sexting (dissemination of sexual content from another person, despite having received it with consent), among other practices that affect sexual freedom on digital platforms.
SEXUAL FREEDOM PRIVATE LIFE
09/10
Deputy Diego Santilli presented the Bill No. 5924-D-2024 “National information and awareness program in print, virtual, television and radio media on the problem of phishing.” The bill aims to raise awareness and prevent the effects and consequences of identity theft (phishing). To this end, the competent authority is empowered to create programs, promote research and train officials, among other actions, in order to disseminate information on phishing.
PERSONAL DETAILS
08/10
Deputy Terenzi presented the Bill No. 1964-S-2024 “Prohibits direct or indirect advertising and promotion of online gambling or betting in the context and during the development of sporting activities or events of any kind.” The bill prohibits the use of gambling advertising on sports teams and sporting events.
ADVERTISING PREVENTION AGAINST GAMBLING ADDICTION
04/10
Deputy Marcela Pagano presented the Bill No. 5801-D-2024, which proposes the repeal of the "Law on Equity in Gender Representation in Communication Services in the Argentine Republic." The law being repealed grants preference, in the allocation of official advertising, to private communication services that obtain the gender equity certificate.
ADVERTISING GENDER EQUALITY
02/10
Deputy Juan Brügge presented the Bill No. 5717-D-2024 “Minimum requirements for the preservation and access to public information on the Internet.” The project requires public entities that use digital platforms to keep accessible and preserve on their web pages the historical information published, incorporated and disseminated in all the links they manage. It also states that any person may report to the enforcement authority and the obligated subjects the situation regarding broken official links or information not found on the pages of the obligated subjects. Among other measures aimed at guaranteeing access to information.
ACCESS TO INFORMATION
01/10
Deputy Alvaro Martinez and others presented the Bill No. 5680-D-2024 "Amendment of Article 245. False reporting of a crime." The bill establishes that, in cases of slander, the penalty that would have been applicable to the reported crime, reduced by half its minimum and by one third its maximum, will be applied to anyone who falsely reports a crime to the authorities.
FREEDOM OF EXPRESSION HONOR
08/10
Justice Alexandre de Moraes, of the Supreme Federal Court, authorized the return of the activities of the X platform (formerly Twitter), which had been suspended on 30.08 due to non-compliance with court orders. In its decision, Moraes stressed that X complied with all judicial determinations and paid the fine imposed by the Supreme Court, fulfilling the requirements necessary for the resumption of its activities. Before the unblocking, various events marked the conflict between the STF and the platform. end of august, Moraes demanded that Elon Musk, owner of the network, appoint a new legal representative in Brazil and blocked the accounts of Starlink, a company also owned by Musk, to ensure payment of fines. The authorization for the resumption of activities occurs after X had his request for unblocking rejected on September 27, for non-payment of the fine. With the decision of the STF, on 09.10 the National Telecommunications Agency (Anatel) notified to telecommunications service providers to release access to the social network.
DISINFORMATION CONTENT CONTROL
07/10
Federal deputy Amanda Gentil (PP/MA) presented the Bill 3821/2024, which proposes modifications to the Criminal Code and Election Law to criminalize the manipulation of false content of nudity or sexual acts using artificial intelligence (AI). The proposal includes in the Penal Code the crime of creating or disseminating false images with sexual content to coerce or intimidate, with a penalty of 2 to 6 years in prison and a fine, with an increase in the penalty if the victim is a woman and in cases of mass dissemination on social networks. The amendments to the Election Law prohibit the use of AI to manipulate images with the aim of influencing electoral results, with penalties of 2 to 6 years in prison and a fine, with an increase in the penalty if the crime is committed against a female candidate. In addition, the candidate who participates directly or indirectly in the crime may have his or her candidacy registration or diploma annulled. In its justificationThe deputy argues that the project seeks to curb gender violence and ensure the integrity of the electoral process, strengthening democracy and adapting legislation to new technological challenges.
ARTIFICIAL INTELLIGENCE
01/10
Federal Deputy Fernanda Pessoa (Union/CE) presented the Bill No. 3778/2024, which proposes to modify the Law N ° 14.790 / 2023 to restrict advertising of fixed-odds betting. The bill prohibits betting operators from distributing advertising that (i) promotes marketing in schools and universities or promotes sports betting aimed at minors; (ii) is disclosed in games for children and young people; (iii) is disclosed on audio and video streaming platforms; and (iv) is disclosed on local open TV stations until 20 p.m.
ADVERTISING PREVENTION AGAINST GAMBLING ADDICTION PROTECTION OF MINORS
01/10
Deputy Eunício Oliveira (MDB/CE) presented the Bill No. 3774/2024 that modifies the Law N ° 14.790 / 2023 and Law N ° 13.756 / 2018, prohibiting the exploitation of fixed-odds bets in virtual media, on digital platforms or in online environments and prohibiting the advertising of sports betting houses online. The project provides that companies that violate these prohibitions will be subject to fines of up to R$5 million, suspension of activities and cancellation of the authorization to operate.
ADVERTISING PREVENTION AGAINST GAMBLING ADDICTION
01/10
The Prizes and Betting Secretariat of the Ministry of Finance published the list of sites fixed-odds betting sites authorized to continue operating in Brazil until December 2024. The list is made up of sites from companies that have shown "interest in adequately complying with regulation and legislation." The secretariat reported that sites not on the list will no longer be able to offer bets and will remain available until October 10 so that bettors can request a refund of their money, and from October 11, these sites will be blocked with the help of the National Telecommunications Agency (Anatel). The next day, the Ministry of Finance published a new list fixed-odds betting sites authorized to operate in Brazil.
PREVENTION AGAINST GAMBLING ADDICTION
30/09
Deputy Julio Lopes (PP/RJ) presented the Bill No. 3761/2024, which prohibits the participation of beneficiaries of federal government income transfer programs in sports betting and online gambling. The project establishes that betting platforms must collect the Individual Registry (CPF) number for the creation of accounts, which will be cross-referenced with the registry of beneficiaries of social programs through an integrated system managed by the public administration. Platforms that allow betting by beneficiaries of social programs will be subject to fines, temporary suspension and permanent suspension of the license to operate.
PREVENTION AGAINST GAMBLING ADDICTION
16/10
Deputy Carlos Bianchi presented the Bill No. 17203-15 “Bill amending the aeronautical code and requiring air carriers to provide preventive information on the identity of passengers.” The bill aims to strengthen national security and the fight against crime by requiring air carriers to provide preventive information on the identity of passengers. This will allow dangerous individuals to be detected and detained, prevent evasion of justice and improve international cooperation.
PERSONAL DETAILS
14/10
Deputy Yovana Ahumada and others presented the Bill No. 17182-07 "It modifies Law No. 18.216 to regulate the use of digital platforms by those who have been charged in a criminal investigation." The bill establishes that personal coercive measures imposed on an individual under investigation will be considered to have been violated if he or she, through publications, communications or acts on social networks or technological means, communicates, obtains pecuniary benefits for himself or herself or for third parties, improves his or her social or communication position, or puts the investigation at risk.
FREEDOM OF EXPRESSION
17/10
The Council of State decided in a first instance judgment declare inadmissible la tutela action filed by 19 journalists against Gustavo Petro, President of the Republic, for the pattern of stigmatizing statements made by the president against the press. The tutela action had been filed after the president stated at a public event that there were journalists who were "puppets of the mafia." The plaintiffs challenged the decision.
FREEDOM OF EXPRESSION HONOR
16/10
The Senate and the House of Representatives launched a Bicameral Ad Hoc Commission on Artificial Intelligence The purpose of the commission is to monitor, study, analyze and seek consensus on the various legislative initiatives on artificial intelligence that are currently being processed in both chambers. According to its public announcements, the commission will debate and issue opinions together with the academic sector, government entities, research groups, associations, experts and citizens. Its ultimate goal is to present a bill in March 2025 that brings together key concepts and establishes a general regulatory framework.
ARTIFICIAL INTELLIGENCE
15/10
A bill was introduced in the Senate to "Right to be forgotten in digital environments» which seeks to allow the deindexing and/or removal from the internet of digital content of a sexual, intimate or erotic nature. While the bill is intended to protect fundamental rights such as the right to privacy and to live a life free from violence, the proposed articles contain provisions that are too broad or ambiguous (such as those that speak of "excessive" content), which raise concerns about the failure to comply with the requirement of legality. In addition, it does not establish exceptions that would allow content of public interest to remain available.
RIGHT TO BE FORGOTTEN PRIVATE LIFE
16/10
The full National Institute of Transparency, Access to Information and Protection of Personal Data The Ministry of the Interior has initiated a dialogue to strengthen the rights of access to information and protection of personal data, in which the need to modernize and strengthen the institute under the principles of responsibility, ethics, efficiency and austerity was raised.
PERSONAL DETAILS
16/10
In the Chamber of Deputies, various initiatives were presented, among which the one presented by Deputy Alejandra Chedrahui Peralta of MORENA stands out, who seeks to reform the Federal Penal Code and the Federal Law on the Protection of Personal Data Held by Private Parties, to define the cyberbullying crime as any conduct carried out through the use of information technologies, social networks, electronic devices, digital platforms or any digital means, with the purpose of harassing, stalking, intimidating or frightening a person, affecting their dignity, tranquility, integrity or security. It stipulates its aggravating factors, and punishes it from one to 10 years in prison.
PRIVATE LIFE SOCIAL MEDIA
14/10
La organization R3D R5D warned of two legislative proposals to reform Article 3 of the National Security Law promoted by Senator Rocío Corona Nakamura (PVEM) and by Deputy Humberto Coss (MORENA), which it considers to be broad and vague, thus facilitating surveillance of individuals and journalistic and human rights organizations. In this regard, RXNUMXD requests the Congress of the Union to open spaces for dialogue to adequately regulate the threats posed by cyber attacks.
FREEDOM OF EXPRESSION
08/10
The Senate Luis Donaldo Colosio, President of the Digital Rights Commission, indicated at the installation session of this commission the importance of promoting the creation and application of new technologies under the protection of laws and in collaboration with organizations that protect children's rights, business groups, developers, among other actors. In that same session, Senator Susana Zatarain García proposed designing a general law on digital rights.
NEW TECHNOLOGIES
21/10
La National Association of Journalists of Peru (ANP) He reported that journalist José Miguel Hidalgo, from the investigative program “Cuarto Poder,” was threatened with death after doing a report on the governor of the Callao region, Ciro Castillo, and the influence that his son, Antonio Castillo, exerts on the political decisions of that government entity.
FREEDOM OF THE PRESS VIOLENCE AGAINST JOURNALISTS
10/10
La National Association of Journalists of Peru (ANP) The ANP reported four attacks against journalists while covering protests in Cercado de Lima, as part of the national strike called by transporters and merchants. The affected journalists were Enzo Vidal, from the television channel Panamericana TV, Juan Mandamiento and Noelia Vallvé from Wayka Perú, a digital news outlet on social networks, and Víctor Castillo from América TV, another television channel. All suffered physical attacks by police officers while doing their work. The ANP condemned these attacks, demanding sanctions for those responsible and respect for human rights in the context of the protests.
FREEDOM OF THE PRESS VIOLENCE AGAINST JOURNALISTS
09/10
El Peruvian Press Council (CPP) and National Association of Journalists of Peru (ANP) issued statements rejecting the term “image terrorism,” used by Peruvian President Dina Boluarte and parliamentarian Wildemar Cerrón to refer to critical media coverage. According to these authorities, “image terrorism” consists of the dissemination of negative information that, in their opinion, unfairly affects the reputation of institutions or individuals. The Council condemned the use of this term, arguing that it seeks to discredit the press and restrict freedom of expression.
FREEDOM OF THE PRESS
04/10
It was published in the official newspaper “El Peruano” the Ministerial Resolution 269-2024-PCM which contains the Draft “Guidelines for the design and development of accessible digital services or platforms for people with disabilities in Public Administration entities”. The draft establishes, among other things, the obligation of public entities to incorporate the accessibility guidelines for web content (WCAG) in its version 2.2., including principles, general guidelines, verifiable success criteria, advisory techniques and common errors documented with examples, which serve for the most accessible content. The draft will be open for comments for 30 calendar days.
NEW TECHNOLOGIES
21/09
El Institute of Press and Society (IPYS) IPYS has issued an alert criticising the decision of a court specialising in public corruption which ordered the lifting of the confidentiality of the communications of journalist Paola Ugaz, who is being investigated for alleged illicit enrichment during her time as a public servant between 2013 and 2014. Although the measure covers almost eight years, Ugaz only worked as a public servant for a short period. IPYS considers the measure to be disproportionate and puts the protection of its journalistic sources at risk, and also points out that the need for this action has not been adequately justified.
FREEDOM OF THE PRESS