Number of LATAM projects as of July 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 July 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 July 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% |
07/07
The National Institute against Discrimination, Xenophobia and Racism (INADI), headed by Victoria Donda, he pronounced according to the regulations imposed by Mayor Larreta to prohibit inclusive language in schools and confirmed that he will present an "Amicus Curiae" in the amparo appeal presented by the Argentine Federation of Lesbians, Gays, Bisexuals and Trans (FALGBT) against said Buenos Aires government.
Donda established that said regulation allows the cancellation of a definition of identity and that, therefore, the identity cannot be cancelled. He argued that the rights of a part of the population not to be discriminated against and to be made invisible were violated. From the Center for Studies and Freedom of Expression we recommend reading the analysis of Matthias Gonzalez on the challenges of inclusive language in Argentina.
FREEDOM OF EXPRESSION EQUALITY AND NON-DISCRIMINATION
23/07
The Secretary of Human Rights of the Nation denounced penalize veteran Aldo Rico for generating a speech in social networks where he incites the population, especially the military and retired military, to rise up against the National Constitution and to dispose of democratic public powers, generating a coup message. Centers for the defense of human rights did not hesitate to speak out and warn of the seriousness of the speech broadcast by Aldo Rico and the consequences that this may entail.
HATE SPEECH APOLOGY
The provincial government and the National Commission for the Right to Identity they signed an agreement to generate a Data Registry of people who were victims during the last civil-military dictatorship in Argentina. This in order to facilitate access to information to identify the victims and speed up the process of searching for the disappeared persons by the government of that time.
ACCESS TO INFORMATION
27/07
The deputy Ricardo López Murphy had an altercation with the Kirchnerist militants when trying to enter the University of Buenos Aires (UBA) campus to hold talks, however the militants did not prevent him from passing as a way of expressing their nonconformity against the deputy and in which demanded a response from him regarding the implementation of the 2001 education budget, when he was Minister of Economy. Faced with the blockade, opposition leaders they did not hesitate to speak out and support the deputy, arguing the violation of the right to freedom of expression of Ricardo Murphy for preventing the disclosure of his position at said University.
FREEDOM OF EXPRESSION
08/06
Instagram vs singer. The 4th Class of Appeals of the Special Civil and Criminal Courts of Bahia ordered Instagram to compensate a singer for the suspension of his account on the platform. The singer argued that the platform would have suspended his account without justification and that the blocking would have harmed him, since he was prevented from broadcasting live. Instagram replied that the temporary suspension was due to the user's suspicion of spam and that it released the account after concluding that there was no violation of the platform's policies. In the decision, the court decided that the "horizontal and diagonal effectiveness of fundamental rights" must be observed in relationships between individuals, "unjustified obstruction of the use of services available to the public being unreasonable". He also expressed that Instagram's "arbitrary attitude" would have frustrated the singer's expectations, preventing him from regularly performing his work activity. Thus, the reporting judge ordered Instagram to pay compensation for moral damages of R$3.
CENSORSHIP
17/06
Moraes vs. OPC. The Minister of the Federal Supreme Court (STF), Alexandre de Moraes, ordered the platforms Twitter, Facebook, Instagram, Youtube, TikTok and Telegram to block, within 24 hours, the profiles of the Partido da Causa Operária (PCO). The decision was issued after the platforms presented interlocutory appeals against another decision by the minister, which included the PCO in the investigation of false news and determined the suspension of the accounts of the party in social networks. In the appeal, the platforms requested that the minister reconsider the previous determination. In the first decision, Minister Alexandre de Moraes said that the party's publications had affected the honor and security of the STF by spreading "fraudulent news about the Court's actions" and advocating for its dissolution. Based on this understanding, the minister, among other measures, ordered the suspension of PCO accounts by the aforementioned social networks. in the new order, Moraes establishes that the resources do not have the capacity to suspend the effects of their decision, and the platforms must proceed to block the profiles within the aforementioned period, under penalty of a daily fine of R$ 20 thousand.
FAKE NEWS REPUTATION AND HONOR
21/06
Content de-indexing. The 3rd Chamber of the Superior Court of Justice, by majority, confirmed the Court's decision that had determined the deindexation of search engine results in a case involving a prosecutor. In the case, the prosecutor had filed a lawsuit against Google, Yahoo and Microsoft challenging the existence of Internet search results that included her name in relation to the accusations of fraud in the XLI Rio de Janeiro State Judiciary Contest. The Court had already determined that the platforms should deindex the contents related to the prosecutor. However, in 2021, the Federal Supreme Court (STF) established the thesis that the right to be forgotten is incompatible with the Federal Constitution. With the decision of the STF, the case returned to the STJ, so that the Superior Court indicates the contours of the STF's thesis on the right to be forgotten in the infraconstitutional scope. The STJ held that the right to be forgotten should not be confused with the deindexation of content, and defended that the deindexation of content would not be based on the right to be forgotten, but on the fundamental rights to intimacy and privacy.
RIGHT TO BE FORGOTTEN PRIVACY
24/06
Duvivier vs. Luciano Hang. The Court of Justice of Rio de Janeiro (TJ-RJ), denied the appeal filed by comedian Gregório Duvivier, in an action for damages in favor of businessman Luciano Hang. Duvivier had been sentenced to pay R$ 25 thousand to Hang, owner of the Havan store chain, for posting a photo on his personal Twitter profile with the caption "I'm tisti [(sad)] someone kills the old man from Havan" ( sic). The publication reached large proportions, which, according to the judges, would have generated an incitement to violence against Luciano. Gregório Duvivier challenged the decision alleging that Hang is a public figure, subject to public scrutiny, and that he himself would be one of the most famous comedians in the country, a function linked to freedom of expression and of the press. The rapporteur of the action argued that "although the use of the verb 'kill' was not used in the literal sense of the word, but as a form of joke, the act ended up generating a wave of hatred" against Hang, incited by the tweet by Duvivier.
FAKE NEWS CALUMNIES AND INJURIES HATE SPEECH
25/06
PGR vs. Roberto Jefferson. The Federal Supreme Court (STF) decided to accept the indictment against former deputy Roberto Jefferson (PTB/RJ) for several crimes related to the improper use of their freedom of expression. The Attorney General's Office (PGR) issued a complaint against the former deputy for the crimes of incitement to the crime of damage to public property, slander and homophobia. The PGR highlights 7 criminal acts that Jefferson allegedly carried out: (i) incitement, in a radio program, to invade the Federal Senate, preventing the free exercise of the Legislative Power; (ii) incitement, in a journalistic interview, to destroy the building of the Superior Electoral Court; (iii) new incitement, in a journalistic interview, to invade the Federal Senate; (iv) slander, in a radio interview, against the president of the Federal Senate by attributing to him the crime of prevarication; (v) new incitement, in a radio interview, against national security; (vi) he committed, in a radio interview, the crime of homophobia by citing that "LGBT people represent the moral demolition of the family" (sic); and (vii) a new crime of homophobia, in a video published on his personal profile on Twitter. The judges considered that the conduct of the former deputy "strongly attacks the democratic State, with brutal potential damage to democratic institutions, since they had 'the intention of trying to prevent the free exercise of legislative power'".
FREEDOM OF EXPRESSION CALUMNIES AND INJURIES HATE SPEECH
29/06
MBL vs. Duvivier. El Court of Justice of Rio de Janeiro (TJ-RJ) sentenced the Movimento Brasil Livre (MBL) to compensate humorist Gregório Duvivier for the use of his image in criticism related to the Rouanet Law (aimed at creating national incentive programs for culture) posted on Facebook. The messages referred to a Federal Police operation called "Boca Livre", which sought to investigate the embezzlement of funds by that law. Duvivier argued that the posts on the MBL page sought to link the illegal profits to the image of politically positioned artists on the left, such as himself, the singer Tico Santa Cruz and the actor Wagner Moura, and that, due to the wide reach of the publications, there were several comments with attacks on his honor. In the appeal, the comedian requested compensation, as well as the withdrawal of the aforementioned publications and the prohibition of new publications with the same news, or any other that exposes the author's name in a "sensationalist" way. In the second instance decision, the rapporteur magistrate ordered the defendant to pay compensation of R$50 to the humorist and the removal of the Facebook posts, but did not accept the requests regarding future posts, alleging that they constitute "prior censorship". ».
CENSORSHIP REPUTATION AND HONOR
17/07
Misinformation and elections. Minister Alexandre de Moraes, of the Superior Electoral Court (TSE), ordered the withdrawal of several publications that contained disinformation about the former president, and current candidate, Luiz Inácio Lula da Silva and the Workers' Party (PT). The publications were made by public figures, the media, YouTube channels and profiles on the Gettr social network. The content involves "Illusions about the involvement between the criminal group First Command of the Capital (PCC), the PT and the assassination of former mayor Celso Daniel in 2002", "supposed speeches by pre-candidate Luiz Inácio Lula da Silva equating the poor with toilet paper » and «statements by the former president suggesting the existence of an association between the PT, fascism and Nazism». In his decision, the minister said that the dissemination of untrue content "can compromise the impartiality of the electoral process, harming the constitutionally guaranteed values, principles and guarantees." Moraes determined (i) that the authors of the publications immediately remove the publications subject to the action; (ii) the identification of those responsible for the YouTube channels and Gettr profiles that published the content; and (iii) the abstention of those involved from making new posts and sharing about the content object of the action.
FAKE NEWS REPUTATION AND HONOR
07/07
The Council of State confirmed in the second instance the conviction against the State of Colombia for its responsibility for crimes against the journalist Claudia Juliet Duke. In 2001, while investigating the murder of journalist Jaime Garzón, Duque was the victim of a torture strategy organized by the former Administrative Department of Security (DAS), the state institution in charge of intelligence and counterintelligence in Colombia. This strategy involved kidnapping, illegal surveillance and psychological torture against the journalist. In March 2020, the Administrative Court of Cundinamarca declared the responsibility of the State, a decision that was confirmed by the Council of State, indicating that the crimes were a serious violation of human rights.
FREEDOM OF EXPRESSION VIOLENCE AGAINST JOURNALISTS
13/07
The Foundation for Press Freedom reported assaults against the journalists who have denounced the alleged illegal appropriation by officials of the funds allocated to the municipalities prioritized by the peace process. As reported by FLIP, one of the journalists who led the investigation was the victim of threats and, on the other hand, a media outlet was stigmatized by one of the officials involved in the scandal.
FREEDOM OF EXPRESSION VIOLENCE AGAINST JOURNALISTS
26/07
The Constitutional Court notified its decision in favor of former President Álvaro Uribe in a tutelage case initiated by Uribe against journalist Daniel Mendoza, creator of the Matarife series. In the series, the journalist affirmed, among other things, that Uribe was a genocidal drug trafficker, head of a paramilitary group and responsible for several murders. Although the court did not order the series removed from the internet, it did ordered to rectify these claims.
FREEDOM OF EXPRESSION
29/06
El reporter for the newspaper El Expreso in Tamaulipas, Antonio de la Cruz and his daughters were attacked with a firearm, and as a consequence the journalist lost his life. Article 19 demanded that the authorities of Tamaulipas, Mexico carry out a diligent investigation, provide care and protection measures to the family of Antonio de la Cruz, and the Governor take action to stop the violence in his entity.
VIOLENCE AGAINST JOURNALISTS
30/06
La reporter Ana Lilia suffered attacks by an Investigative Police of the Attorney General of the State of Morelos, while covering the conference of the former head of the Financial Intelligence Unit, Santiago Nieto. This fact was followed by a series of threats on their social networks. On July 5, 2022, Article 19 denounced the incident and demanded a diligent investigation from the Morelos authorities, and respect for the free exercise of journalistic work in the entity.
VIOLENCE AGAINST JOURNALISTS FREEDOM OF THE PRESS
01/07
It was revealed that the former head of the National Search Commission, Roberto Cabrera Alfaro, was pleaded guilty to deliver more than 45 thousand genetic profiles to a private company.
PRIVACY PERSONAL DETAILS
La journalist Susana Carreno was attacked in her vehicle after concluding the broadcast of the Casa Ejidal de Vallarta program. The aggression consisted of her vehicle being collided and later two people told her to drop to the ground and attacked her with a sharp weapon. Various organizations demanded that the Jalisco authorities protect the journalist, conduct a diligent investigation of the events, and refrain from delegitimizing the journalistic work of the attacked reporter.
VIOLENCE AGAINST JOURNALISTS
06/07
Martha Olivia Lopez, director of the digital medium of En un 2×3 and a correspondent for other media outlets, was intimidated by security elements in Tamaulipas, Mexico, based on the documentation she made about the blockades on the Ciudad Victoria-Monterrey highway. These acts of intimidation were followed by a series of actions by unknown persons on her Twitter and Facebook social media user. Article 19 requested the authorities to take protective measures for the journalist and to investigate these events.
VIOLENCE AGAINST JOURNALISTS FREEDOM OF THE PRESS
12/07
Article 19 and R3D They expressed their concern with the legislative process in the Chamber of Deputies and Senators in the creation of a Federal Cybersecurity Law. The organizations point out that there are at least fifteen projects, which repeat the same vices in their content, in particular by criminalizing the daily use of the Internet in the exercise of freedom of expression; and emphasizing security measures and business protection, without considering respect for human rights. Due to the above, the organizations made the 10 principles on cybersecurity available to the authorities.
PRIVACY FREEDOM OF EXPRESSION
15/07
El journalist Ivan Soto Hernandez, director of the digital media En Vivo Durango denounced the threats made to him by telephone on July 10, 2022, by the Governor of Durango, Mexico. The threats arise from the journalist's complaint about the sexual assaults suffered by his daughter and the failure to carry out a diligent investigation by the authorities in which the son of a member of a political party in the entity. In this regard, the organizations Article 19 and Propuesta Cívica issued a statement demanding that the authorities refrain from criminalizing the journalist, establish protection measures, and investigate the official's threats.
VIOLENCE AGAINST JOURNALISTS REPUTATION AND HONOR
19/07
Article 19 presented the evaluation made to the 33 Guarantor Organizations of the Right to Information in Mexico, called National Evaluation of the Guarantor Organizations of the Right to Information (ENOGDAI).
ACCESS TO INFORMATION
21/07
La journalist Marina del Carmen Morales Carvallo received threats as a result of his journalistic work in Veracruz, Mexico. The threats began in 2021, including messages to her family with images of dismembered bodies. In this regard, on July 27, 2022, Article 19 issued a statement requesting that the authorities protect the journalist and that these events be investigated.
VIOLENCE AGAINST JOURNALISTS FREEDOM OF THE PRESS
01/07
A study carried out by the National Institute of Statistics (INE) revealed that 77% of the Paraguayan population currently accesses the Internet. Paraguayans use social networks in great quantity and in a large percentage, and in a smaller percentage to access digital platforms for government services.
INTERNET ACCESS
19/07
The TEDIC organization launched the campaign “My data, my rights” which seeks to emphasize the need for a personal data protection law in Paraguay. Under the motto "My data, my rights", this initiative seeks to raise awareness in all people about the need for an updated regulation that protects the identity of the entire population on the Internet and also regulates the processing of data in the public sector and private.
PERSONAL DETAILS
24/07
Law that regulates the commercialization of crypto assets was sanctioned by Congress and awaits its enactment or veto by the Executive. The Legislative sanctioned the law that regulates the mining, commercialization, intermediation, exchange, transfer, custody and administration of crypto assets or instruments that allow control over crypto assets.
CONSUMER
06/07
The Executive submitted a bill to the Congress of the Republic that seeks to sanction the dissemination of information about a criminal investigation. This contemplates that any of the parties -including justice operators and journalists- that disseminates said information, which is classified as reserved, without exception, will be sanctioned with a custodial sentence.
The Institute of Press and Society (IPYS) criticized the project as unconstitutional, because leaks should not be punished, but only those that show demonstrable damage to the objectives of the process or the safety of those investigated. The National Association of Journalists of Peru (ANP) also criticized the government initiative for obstructing journalistic investigation and affecting the fight against corruption. For its part, the Ombudsman's Office expressed its concern and pointed out that this proposal would seek to inhibit the collaborative work of those who provide essential information to journalists, thus affecting freedom of expression and the citizen's right to information.
FREEDOM OF EXPRESSION ACCESS TO INFORMATION
The journalist from Cuarto Poder, Eduardo Quispe, his cameraman Elmer Valdivieso and the driver of the cell phone of the television channel's journalistic team were held by peasant patrols from Chadín, Chota, Cajamarca region, in the north-east of the country, and forced to read a message of "rectification" and a commitment to "not harm the central government and their families." This message was transmitted by the signal of América Televisión, against his will, to protect the integrity of the press team.
Various people and organizations seriously questioned the violation of the individual freedom of the victims and the freedom of the press. IPYS expressed its rejection of an exculpatory statement that had been released by the peasant patrols, given that communal justice did not allow the human rights violation to be excused.
FREEDOM OF THE PRESS
16/07
Law 31515 was published, which modifies the regulation of state advertising. Among the main problems of this law, the allocation of minimum percentages for hiring district, provincial and regional media stands out, regardless of whether said media are suitable for effectively transmitting advertising messages to the target population. Likewise, it is prohibited that the media centers contracted to make the pattern of the announcements "charge percentages or any additional payment, such as service commission, to the media contracted to pass the state advertising announcements"
FREEDOM OF EXPRESSION
