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 between January 2024 and July 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%

16/08

President Javier Millei published on his official “X” account a message titled “'JOURNALISTS' ON FIRE”, in which he accused journalists (in general) of “lying, slandering, insulting, defaming and even extorting”. Likewise, the president pointed out that journalists “are very harsh and ruthless when they act as judges and are whiners when they have to be for a little while in front of a bit of the savagery that they themselves have imposed on others”. Finally, he mentioned that the social network “X” is a platform that stands out for allowing freedom of expression without any kind of censorship. 

FREEDOM OF THE PRESS VIOLENCE AGAINST JOURNALISTS

15/08

Senator Daniel P. Bensusán presented the “Bill that creates the national plan for prevention and comprehensive approach to abuse, problematic consumption and addiction to gambling and betting in digital environments that affect girls, boys and adolescents”. The project, among other measures, prohibits all forms of advertising, promotion, sponsorship and endorsement of games of chance and/or betting in digital environments and any other platform of this type that is directly or indirectly aimed at girls, boys and adolescents.

ADVERTISING CONTENT CONTROL

08/08

Senator Beatriz L. Ávila presented the “Bill regulating the application of artificial intelligence in education”. The bill aims to regulate the use of artificial intelligence (AI) in education, in all its forms and levels. To this end, it establishes principles for the use of AI in education, such as the protection of human rights, educational quality, transparency, among others. It also states that educational entities have the duty to guarantee the protection of data of students and teachers involved in the use of AI.

ARTIFICIAL INTELLIGENCE DATA PROTECTION FREEDOM OF EXPRESSION

08/08

Senator Beatriz L. Ávila presented the bill “Legal framework for the research, development, use and regulation of artificial intelligence”. The bill aims to establish the legal framework for the research, development, use and regulation of artificial intelligence (AI). To do so, it establishes principles such as the protection of human rights, non-discrimination and equity, among others. The bill includes a section dedicated to risk assessment and management, which classifies risks as unacceptable, high, limited and insignificant. There is also a section on supervision and control of the use of AI. There is also a section on liability for damage and errors in use and a section on promoting research, among others. 

ARTIFICIAL INTELLIGENCE DATA PROTECTION FREEDOM OF EXPRESSION

02/08

Deputy Silvana Giudici, along with other members of the Republican Proposal (PRO) party, presented the Bill “Minimum Requirements for the Promotion of the Development of Artificial Intelligence (AI) in the Argentine Republic”. The bill seeks to regulate and promote the development of AI systems in Argentina. To do so, it establishes guiding principles such as respect for privacy, transparency, protection of human rights, responsibility and accountability. In addition, it proposes the creation of a Council for the promotion and development of AI.

ARTIFICIAL INTELLIGENCE DATA PROTECTION FREEDOM OF EXPRESSION

01/08 

Deputy Maria Florencia de Sensi, from the Republican Proposal (PRO) party, presented the Bill “Legal framework for activities disseminated by influencers through the use of digital platforms, social networks or media.” The bill seeks to regulate the dissemination of content, especially advertising, made by influencers on digital platforms. Among its provisions, it prohibits advertising of gambling, tobacco, alcoholic beverages, among others.

ADVERTISING CONTENT CONTROL

31/07

Deputy Anabel Fernández Sagasti of the Citizen Unity Block, presented the Bill “Regulatory framework for online gambling and betting and prohibition of their advertising, promotion, sponsorship and patronage to prevent cyber gambling addiction.” The bill prohibits the advertising of online gambling and betting, directly or indirectly, through any means of dissemination, communication and social network.

ADVERTISING CONTENT CONTROL

30/07

Deputy Juan Fernando Brügge of the Hacemos Federal Coalition, presented the Bill “Legal regime for the use of platforms, digital applications (apps) and websites in teleservices for the exercise of professions in the Argentine Republic.” The bill creates a national registry of digital applications and websites. It also establishes a series of guiding principles for the administration of these platforms, including the restrictive use of personal data and its confidentiality.

DATA PROTECTION 

30/07

A group of deputies from the “Union for the Homeland” bloc presented the bill of law “Regulation of advertising, access, use and consumption of online games. Prevention and eradication of virtual gambling addiction in the population, especially in children and adolescents.” The bill prohibits and limits the advertising of online gaming sites in areas that are directly or indirectly aimed at minors.

ADVERTISING CONTENT CONTROL

29/07 

Deputy Juan Fernando Brügge presented the bill of law “Amendments to the Criminal Code on the use of artificial intelligence to create or manipulate audiovisual content.” The bill criminalizes the use of artificial intelligence to create audiovisual or other content in which personal data is used without the consent of its owners.

ARTIFICIAL INTELLIGENCE DATA PROTECTION FREEDOM OF EXPRESSION

13/08

Federal deputy Marx Beltrão (PP/AL) presented the Bill No. 3137/2024, which aims to modify the Criminal Offences Act to criminalize the dissemination of gambling and betting by digital influencers on social networks. The project defines a digital influencer as "any person who uses digital platforms to promote products, services, brands or ideas and who has a significant number of followers or views." The proposed penalty for the dissemination of these practices is three months to one year of simple imprisonment and a fine. In its justificationThe MP argues that it is necessary to protect public health and social order, pointing out that "constant exposure to gambling propaganda can normalise this practice, increasing the participation of individuals and, consequently, the associated problems."

TAGS: ADVERTISING, CONTENT CONTROL

ADVERTISING CONTENT CONTROL

07/08

The Supreme Federal Court (STF) suspended the trial of two appeals for clarification that question the thesis that allows the media and journalists to be held responsible for interviews that falsely impute crimes to third parties. The thesis of general repercussion (Topic 995) is the result of a ruling by the STF that condemned The Brazilian newspaper Diario de Pernambuco is being asked to pay compensation to former deputy Ricardo Zarattini Filho following the publication of a 1995 interview in which the interviewer falsely accused the former deputy of being responsible for an attack during the Brazilian military dictatorship. The appeals filed by Diario de Pernambuco and the Brazilian Association of Investigative Journalism (Abraji) allege that the wording of the thesis is subjective and may lead to an unconstitutional application, affecting freedom of the press and increasing judicial harassment against journalists. They also argue that liability should be limited to cases of wilful misconduct or gross negligence to avoid self-censorship by the media. 

TAGS: FREEDOM OF EXPRESSION

FREEDOM OF EXPRESSION

07/08

The Superior Electoral Court (TSE) reported which, in August, established agreements with digital platforms to address disinformation during the 2024 Municipal Elections. The so-called memoranda of understanding were signed with Meta (including Facebook, Instagram, Threads and WhatsApp), TikTok, LinkedIn, Kwai, X (formerly Twitter), Google y Telegram, and are valid until December 31, 2024, with the possibility of being extended if there is a mutual agreement between the parties. The main objective of this initiative is to guarantee the legitimacy and integrity of the elections through actions coordinated by the TSE. To this end, the digital platforms committed to adopting rapid and effective measures to contain the spread of fake news, each in accordance with its scope of action, design and business model. In addition, they must collaborate with the Integrated Center for Combating Disinformation and Defending Democracy (CIEDDE), a TSE initiative created in March 2024 and made up of public bodies such as the National Telecommunications Agency (Anatel), the Federal Public Prosecutor's Office (MPF), the Ministry of Justice and Public Security (MJSP) and the Federal Police, to organize the flow of complaints received by the Electoral Disinformation Alert System (Siade)There are no financial commitments or transfers of resources involved in the signed agreements.

DISINFORMATION SOCIAL MEDIA

06/08

Deputy Júnior Mano (PL/CE) proposed the Bill No. 3050/2024, which aims to modify the Civil Framework of the Internet (Law No. 12.965/2014) for ito make it impossible to access pornographic content from public networks and terminals. The project establishes that the blocking of access to this content must be carried out by the public authority. In its justificationThe MP highlights the harm that the consumption of pornographic content can cause to people, especially children and adolescents. He argues that blocking access to this content from public networks is “a measure of public health and social protection”.

CONTENT CONTROL

23/08

A criminal court in Bogotá condemned José Miguel Narváez, former director of the Administrative Department of Security (DAS), the now defunct Colombian intelligence department, for the crime of aggravated and continued torture against journalist Claudia Julieta Duque. This case, a milestone in Colombian justice, began after the persecution carried out by the DAS against Duque for his investigation into the murder of comedian and journalist Jaime Garzón, which occurred in August 1999.

VIOLENCE AGAINST JOURNALISTS

12/08

Congressmen from opposition parties presented the Bill 175/24 The bill, which expands access to the media for organizations declared in opposition, seeks to modify the Opposition Statute (Law 1909 of 2018) in order to facilitate access to the media during presidential speeches, allowing political organizations declared in opposition to challenge the Government's position in the following 48 hours, in the same media, with the same time, schedule and spaces.

ACCESS TO INFORMATION

02/08

The Constitutional Court published a sentences in the case of a tutela action filed by journalist Christopher Tibble Lloreda against the National University of Colombia, after some departments of the university refused to provide the journalist with academic information on fourteen high-ranking state officials. The persons in charge of providing the information at the educational institution had maintained, among other things, that the requested information contained personal data of the officials and that the reporter did not have authorization to access them. Nevertheless, the Constitutional Court decided to grant the tutela action, guaranteeing the right to access this information. Among its considerations, the court held the following: «The requested information cannot be considered classified, because it does not belong to the private or semi-private sphere of a natural person. Instead, it is public personal data that does not have the authority to compromise the privacy of its owner, much less lead, in itself, to discrimination; therefore, it cannot be considered sensitive data either.

ACCESS TO INFORMATION PRIVACY

14/08

Assemblyman John Polanco Lara and others presented the “Draft Law to Reform the Organic Law on Identity and Civil Data ManagementThe bill expands the powers of the General Directorate of Civil Registry, Identification and Cedulation and, among other powers, allows it to verify, validate and authenticate personal data contained in the files for interoperability in accordance with the Organic Law of the National System of Public Registries.

PDATA PROTECTION

30/07

Assemblywoman Subia Dávalos Karina del Carmen presented the “Bill for the Promotion and Development of Artificial IntelligenceThe bill seeks to promote the development and adoption of Artificial Intelligence as a tool for the country's growth. To do so, it establishes guiding principles for its use, such as social benefit, transparency, privacy and technological neutrality, among others.

ARTIFICIAL INTELLIGENCE DATA PROTECTION FREEDOM OF EXPRESSION

01/08

Amnesty International said The journalist José Rubén Zamora, a prisoner of conscience, was arrested in July 2022 and sentenced to six years in prison for money laundering. However, although the sentence was overturned, he remains deprived of his freedom.

VIOLENCE AGAINST JOURNALISTS

26/07

The president of the IACHR, in a press release, reported on the on-site visit carried out in Guatemala. One of the highlights was the concern expressed by several citizens, who consider that the Public Prosecutor's Office acts in retaliation against those who exercise their right to freedom of expression.

VIOLENCE AGAINST JOURNALISTS

15/08

Various civil society organizations They warned that the Constitutional Affairs Committee of the Chamber of Deputies has scheduled a meeting to approve the initiative that eliminates various autonomous constitutional bodies, including the National Institute for Transparency, Access to Information and Protection of Personal Data, which puts the effectiveness of the right to information at risk. 

ACCESS TO INFORMATION

10/08

The former Governor of Puebla prosecuted for the crime of torture against the Journalist Lydia Cacho The precautionary measure of preventive detention was changed, which allows her to continue her trial in freedom. The organization Article 19 highlighted the risk of the accused fleeing that journalist Lydia Cacho presented to the judicial authority without being taken into consideration.

VIOLENCE AGAINST JOURNALISTS

07/08

El journalist Jesus Manuel Angulo Corral He was intimidated and threatened at the weekly press conference of the mayor of San Luis Río Colorado, Santos González Yescas, when he asked the mayor a question, to the point that they asked for the microphone with which he asks the authorities to be removed. The following day, the civil society organization Article 19 condemned the acts of intimidation against the journalist and asked the Attorney General's Office and the Human Rights Commission, both from the State of Sonora, to investigate these events.

VIOLENCE AGAINST JOURNALISTS

05/08

The civil society organization Article 19 condemned the death threats against the journalists Fernando Rodriguez and Obed Jimenez Garcia, for which they demanded that the Federal Protection Mechanism for Human Rights Defenders and Journalists (Mechanism) implement protection measures for the journalists; that the Attorney General of the State of Coahuila conduct investigations in accordance with the Homologated Protocol for the Investigation of Crimes against Freedom of Expression; and that the Municipal Government of Ciudad Acuña and the State Government of Coahuila coordinate with the Mechanism to take the necessary measures to guarantee the personal integrity of both journalists, as well as to generate a public policy of prevention and protection for the press.

VIOLENCE AGAINST JOURNALISTS

04/07

El journalist Alejandro Alfredo Martinez Noguez was murdered in Celaya, Guanajuato. The journalist was covering security and justice issues and was the victim of an attack in November 2022. For this reason, the civil society organization Article 19 urged the Special Prosecutor's Office for Crimes against Freedom of Expression of the Attorney General's Office to take up the case and investigate it in accordance with the Homologated Protocol for Crimes Against Freedom of Expression; the government of Guanajuato to coordinate with the Federal Protection Mechanism for Human Rights Defenders and Journalists to generate protective measures for the journalist's family; and the Executive Commission for Attention to Victims to assist and advise the indirect victims of this crime.

VIOLENCE AGAINST JOURNALISTS

30/07

Amnesty International called for the urgent action against the advancement of the bill “that establishes control, transparency and accountability of non-profit organizations”. This bill has been criticized by international organizations because it would allow excessive control over NGOs, threatening their independence and putting the safety of their members at risk.

DATA PROTECTION

15/08

The National Association of Journalists (ANP) reported Luis Valdez Farías, secretary general of the political party “Alianza Para el Progreso”, threatened to file a criminal complaint against the news portal “El Foco” for a report that revealed the purchase of a house for 3,3 million soles by his wife, Ana Paula Ganoza. Valdez, in a television interview, described the publication as “false” and an act of violence against women, demanding its withdrawal. However, “El Foco” denied these statements by presenting a recording in which Valdez stated that he had not participated in the purchase and that, in any case, it should be his wife who justified his purchases. The ANP condemned the threats, considering them an attack on press freedom.

FREEDOM OF THE PRESS DISINFORMATION

12/08

The National Association of Journalists (ANP) reported The regional governor of Moquegua, Gilia Gutiérrez Ayala, threatened to initiate “legal action” against Julio Farfán Valverde, an investigative journalist for the newspaper “Prensa Regional”, in response to reports questioning the management of state resources in her government. During a press conference, Gutiérrez expressed her concern about the journalist’s handling of information, insinuating that he could have accessed confidential statements from the prosecutor’s office. The governor announced that her lawyer would begin legal action and asked the Public Prosecutor’s Office to investigate the journalist. The ANP rejected these threats, calling them intimidating.

FREEDOM OF THE PRESS DISINFORMATION

08/08

It was published in the Official Gazette “El Peruano” on Legislative Decree No. 1625. This new law modifies Article 154-B of the Criminal Code and establishes more severe prison sentences for those who disseminate, reveal, or sell material with sexual content without consent, especially if social networks or other mass media are used, or if the victim is a minor. It also extends the prohibition to sexual content created or modified by digital or technological means. In addition, the crime of “sexual blackmail with materials created or modified by digital or technological means” is incorporated. 

CONTENT CONTROL

04/08

It was published in the Official Gazette “El Peruano” on Legislative Decree No. 1623 “Legislative Decree amending the General Sales Tax and Selective Consumption Tax Law regarding the use of digital services in the country and the importation of intangible goods through the Internet.” The law regulates the taxation of digital services and the importation of intangible goods through the Internet. It establishes that natural persons who do not carry out business activity and use these services or goods in the country must pay the IGV, without the need to be habitual in such operations or be domiciled in Peru. In addition, it establishes the mechanism for withholding and collecting the IGV by digital service providers not domiciled in the country.

DIGITAL SERVICES