Number of LATAM projects as of March 2023
| 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 March 2023
| 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 of the bills presented between August 2021 and March 2023
| 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% |
01/03
The National Institute against Discrimination, Xenophobia and Racism (INAD) issued an opinion against Ramiro Marra for "encouraging discrimination" against piqueteros in the face of blockades of streets and routes that were carried out due to social protests. the INAD expressed that "the designation of a 'movement', its presentation and its web page, together with the statements made in this regard by the defendant, are intended to encourage discrimination against all other people, and -if it is successful- it will not be long before it takes any act of violence against the groups of piqueteros, precisely, encouraged by policies such as the MAPA (...) social protest is a right that must be protected as a priority in our democracy, especially if the protests come from groups that are going through situations of structural inequality.
FREEDOM OF EXPRESSION HATE SPEECH DISCRIMINATION
02/03
In Argentina it approved a law for patients' medical records to be digitized and uploaded into a single system.
PERSONAL DETAILS
03/03
The human rights and feminist activism organizations "Agrupación Tupac Amaru" presented the case of Milagro Sala before the OAS Committee of Experts, in the face of the harassment in which women have faced for exercising politics for seven years in the province of Jujuy.
GENDER VIOLENCE DISCRIMINATION
06/03
The designer Roberto Piazza has been the center of different discussions regarding the expressions made in a television interview, speeches that went against the LGBTIQ+ community, the Afro-descendant community and women who participate in politics. The OAS Committee of Experts alerted about this type of speeches that have been broadcast in the media and the consequences that this would bring in the fight against discrimination.
FREEDOM OF EXPRESSION HATE SPEECH
21/03
They vandalize a work of feminist art in an exhibition held at the National University of Cuyo. The artwork was vandalized by people of Catholic ideology, agreeing with the official statement of the Archdiocese of Mendoza, indicating that said sample "reproduces images and religious symbols in an offensive and rude manner", however, after the events that occurred, the Archbishop issued a document in which who repudiated the acts of vandalism and expressed solidarity with the artists.
FREEDOM OF EXPRESSION
22/03
In Argentina, the violence against women who practice journalism. For Luciana Peker, the type of violence that journalists are subjected to is based on their gender, as they are subjected to hate speech and discrimination to silence their journalistic work.
FREEDOM OF EXPRESSION DISCRIMINATION GENDER VIOLENCE
23/02
The STF determines that the Brazilian authorities can directly request information from platforms abroad. The Federal Supreme Court (STF) determined that Brazilian authorities can request data directly from platforms based abroad, without necessarily involving the Brazilian Minister of Justice. In this way, although it has confirmed the constitutionality of Decree 3810/2001, which promulgated the Judicial and Criminal Assistance Agreement between Brazil and the United States (MLAT) – according to which data requests must be mediated by the Ministry of Justice – the Court understood that the Brazilian judiciary may use other resources to obtain information from providers, such as direct summons from companies in Brazil or letters rogatory, under article 11 of the Internet Civil Landmarks (MCI). The ministers followed the vote of the rapporteur Gilmar Mendes, who highlighted the low effectiveness of the cases that have used the procedure established in the MLAT, and determined that the STF must inform the Legislative and the Executive so that they can take measures in relation to the General Law on Data Protection for Criminal Purposes (Criminal LGPD) and new bilateral or multilateral agreements. Minister Alexandre de Moraes stressed that the MLAT standard should be adopted in a complementary way – only when it is impossible for national authorities to obtain information directly from the platforms.
PERSONAL DETAILS
03/03
Queiroz's criminal complaint against Porchat, filed after the broadcast of an interview on YouTube, has been rejected. A criminal instance of the Court of Justice of Rio de Janeiro rejected a criminal complaint filed by Fabrício Queiroz, candidate for state deputy in the last elections, against the television presenter Fábio Porchat. The lawsuit, filed after the presenter having said, in an interview on YouTube, that Queiroz would be a "militiaman" and "a guy who killed people", was based on accusations of offense to honor, defamation and injury. When analyzing the case, Judge André Felipe Veras de Oliveira understood that there was no violation of honor because Porchat's speech would be a mere political criticism, typical of the democratic regime. In this regard, the decision stated that the interview was done in an election year and in the moment Porchat gave the statements, the discussion was about politics – a comparison between the governments of the PT and Jair Bolsonaro on corruption. The magistrate also stated that, having launched Queiroz as a candidate for deputy in the 2022 elections, was subjected to public scrutiny and criticism.
SLANDER INSULT
07/03
Bill aims to institute the precautionary measure of account suspension on social networks for cases of dissemination of intimate content without consensus. Senator Daniella Ribeiro (PSD/PB) presented to the Federal Senate the PL 944 / 2023, whose purpose is to expand the measures adopted in cases of the practice of the crime provided for in article 218-C of the Penal Code, which typifies the dissemination of sex scenes of the victim by ex-partners, for the purpose of revenge or humiliation. The project intends to establish the obligation to attend recovery and re-education programs, in addition to provide for the precautionary measure of account suspension on social networks, including messaging applications.
CONTENT MODERATION CRIMES AGAINST HONOR
13/03
Deputies from the PSOL and REDE parties present a proposal to include a device against hate speech on the platforms. The Deputies from the PSOL and REDE parties presented PL 1087/2023, which seeks to include in the Internet Civil Landmarks (law 12.965/2014) a provision that determines that the Digital platforms implement prevention and complaint mechanisms, as well as monitoring systems for the dissemination of hate speech directed at women, blacks, indigenous people and LGBTQIA+. In the Project justification, deputies address the spread of hate speech against marginalized groups on digital platforms, arguing the need for greater regulation of the ecosystem online. In addition, they affirm that the protection against hate speech and violence is little contemplated in the Civil Framework. The parliamentarians presented figures of the monitorA project – Prepared by InternetLab and Azmina magazine – that show the offenses received by candidates on the networks.
FREEDOM OF EXPRESSION CONTENT MODERATION HATE SPEECH
14/03
TJSP decides that flagging "fake news" by a news checking agency does not amount to censorship. He Court of Justice of São Paulo denied request for compensation for moral and material damages requested by Oeste Magazine to fact-checking agency Aos Fatos. The lawsuit had been filed by the magazine against the agency on the grounds that the Marking two of his reports as "disinformation content" would have been arbitrary, harming the circulation of his material on digital platforms, causing you to lose subscriptions. The judgment of the trial of first instance accepted the action, considering that the agency operated "with the undisguised intention of censoring other content providers" and that this behavior would be “incompatible with civil and political liberties. The decision, however, was revoked in second instance, considering that there were no insulting or defamatory statements by the agencyand that their actions would not have prevented the production and dissemination of journalistic content by the magazine. The judges recognized the dangers of misinformation and the importance of fact checking.
DISINFORMATION SLANDER INSULT
25/03
The Office of the Special Rapporteur for Freedom of Expression (RELE) of the Inter-American Commission on Human Rights (IACHR) urged the State of Chile to investigate the robbery and attempted arson suffered this week by the office of Summary.cl, the second attack against the facilities in less than a year, as well as to guarantee the safety of the team. To date, no public body or authority has ruled on the matter.
FREEDOM OF THE PRESS VIOLENCE AGAINST JOURNALISTS
28/03
Journalists from various countries in the region met at the First Latin American and Caribbean Meeting for the Safety and Protection of Journalists to discuss the challenges faced by journalists in Latin America. At that meeting, they drafted the proposal for a "Model Law for the Protection of Journalists and Press Workers" which has the support of UNESCO and other organizations specializing in freedom of expression. The Commission of the Chamber of Deputies of Chile is arguing the approval of the legislative proposal and it is expected that by the end of the year it will already be approved in the Chilean Senate.
FREEDOM OF EXPRESSION FREEDOM OF THE PRESS
07/03
A representative of the Liberal Party presented a statutory bill which seeks to regulate and make mandatory the participation of presidential candidates in at least two presidential debates during the campaign period. According to the project, it is sought that citizens can learn about the platforms, proposals and government plans. The project even establishes a procedure, led by the National Electoral Council, by which the issues that would be debated by the candidates would be discussed and determined. Candidates who do not comply with the obligation to debate would be penalized with the reduction of audiovisual advertising spaces, which would be given to other candidates.
ELECTIONS
14/03
A group of congressmen from parties across the political spectrum presented a Bill that seeks to increase transparency and citizen participation in legislative procedures. The project proposes the creation of a virtual platform that would allow interaction between congressmen and citizens so that they can make contributions to the debates in Congress. In addition, the platform would allow citizens to demonstrate in favor of or find projects and make specific proposals for them.
ACCESS TO INFORMATION TRANSPARENCY
16/03
Two representatives of the Liberal Party presented a bill that seeks create the crime of apology for drug trafficking. Under this crime, the project seeks to punish those who spread "ideas or doctrines" that encourage, promote or justify drug trafficking. However, the broad and ambiguous wording of the article is contrary to the requirements for restrictions on freedom of expression. Indeed, it is not clear what type of conduct is intended to be prohibited, especially if one considers that the explanatory statement of the same bill refers disapprovingly, for example, to television series that portray drug trafficking.
According to the project: «The world of entertainment has profited without even a trace of responsibility, from the tragedy of Colombians, it is time to take advantage of the great possibility of diffusion of modern media to gradually change what is understood by drug trafficking and drug traffickers. , to generate a culture of repudiation and non-repetition of personalities with delusions of omnipotence and megalomania». However, a restriction on this type of content would be contrary to the guarantees that the constitution ensures to freedom of expression.
FREEDOM OF EXPRESSION APOLOGY
23/03
In Ecuador there is a Practical Guide for prosecutorial action in cases related to violations of the right to freedom of expression and the protection of journalists and communication workers. Said document has been criticized inasmuch as the Prosecutor's Office has been in charge of specifying that there is a prohibition on circulating information that corresponds to previous investigations, recalling the existence of article 180 of the Comprehensive Organic Criminal Code, which establishes a probative sentence of freedom from one to three years as sanction of whoever decides to disseminate said information, incurring in possible acts of censorship or self-censorship for journalists.
FREEDOM OF EXPRESSION FREEDOM OF THE PRESS
Fernando Villavicencio he asked to the Inter-American Court of Human Rights to monitor complaints by Xavier Jordán against Ecuadorian journalists and media "in order to prevent freedom of expression from being harmed by a fugitive from Ecuadorian justice."
VIOLENCE AGAINST JOURNALISTS FREEDOM OF THE PRESS
28/03
Karol Noroña, Ecuadorian journalist specializing in security coverage, left the country due to direct threats to his life; This was reported on Tuesday by the digital media GK, of which Noroña is a part. In addition to this, in the same week four journalists received explosives hidden in USB flash drives a few days after the five-year anniversary of the kidnapping and murder of journalists from the newspaper El Comercio.
VIOLENCE AGAINST JOURNALISTS FREEDOM OF THE PRESS
01/03
They accuse the Guatemalan Prosecutor's Office of seeking “intimidate journalists”. The newspaper El Periódico called on the local press to stop what they called a "new blow against freedom of expression."
FREEDOM OF EXPRESSION FREEDOM OF THE PRESS
02/03
Judge orders investigation of nine journalists in Guatemala, magistrate Jimi Brener Ramírez approved the investigation against reporters and columnists for publications on the criminal proceedings involving José Zamora Marroquín, founder of the media outlet and who has been in prison since July 2022. The journalistic entity accused that the Public Ministry wants to "intimidate" press workers in a country from which five had to leave in 2022 due to similar problems.
FREEDOM OF THE PRESS VIOLENCE AGAINST JOURNALISTS
07/03
Civil society organizations have committed to "monitor and defend freedom of expression" in response to the alert for criminal prosecution of journalists and the media. Among the signatories of the statement are the Association of Journalists of Guatemala (APG), the National Press Circle and the Federation of Radio Schools.
VIOLENCE AGAINST JOURNALISTS
04/02
La journalist Paulina Milan She was expelled from the event that she attended after payment, which was convened by the BHIP company. The journalist was withdrawn from the event after asking questions about the Alert issued by the Federal Commission for Protection against Sanitary Risks. Before demanding her departure from the event, they forced her to delete the material she collected. For this reason, the organizations Article 19 and the National Network of Women's Journalists, Communication and Information AC (Cimac) requested on March 13, 2023, the Puebla State Attorney General's Office to investigate the facts; and, the Mechanism for the Protection of Human Rights Defenders and Journalists determines, where appropriate, the appropriate measures to protect journalists.
FREEDOM OF THE PRESS
24/02
El journalist Juan Pablo Cu He was detained by members of the Campeche Secretariat for Citizen Protection and Security without any legal reason, which is why he was released after spending 25 minutes at the Secretariat's facilities. Notwithstanding the foregoing, the aforementioned journalist and journalist Abraham Martínez had their respective motorcycles detained from February 24 to 27, 2023. It is for this reason that on March 2, 2023, the organization Article 19 issued a statement demanding that the Government of Campeche, a policy for the protection of journalists, which includes training for police officers to prevent repeated acts of harassment. Likewise, it required the Human Rights Commission of the State of Campeche to attend to the complaints filed by the aforementioned journalists, and the Secretariat for Citizen Protection and Security to diligently investigate the police officers who intervened in the events.
VIOLENCE AGAINST JOURNALISTS
25/02
Elements of the Coahuila Action and Reaction police corporation attacked personnel from the Secretariat for Citizen Security and Protection of the same entity, who serve by mandate of the Protection Mechanism for Human Rights Defenders and Journalists as escort of the journalist Gloria Ruiz. For this reason, the organization Article 19 issued a statement on March 1, 2023, requesting the Secretariat for Citizen Security and Protection to refrain from intimidating acts against the journalist, and to open an investigation into the actions of the aggressor police officers. It also requests that the Secretariat for Citizen Security and Protection and the Protection Mechanism for Human Rights Defenders and Journalists coordinate properly to prevent attacks against the journalist. And, to the Coahuila Attorney General's Office to investigate the aforementioned facts.
VIOLENCE AGAINST JOURNALISTS
28/02
La journalist Carolina Fernandez was accused of defamation and threat by Verónica Vélez. The facts are worrying considering that Verónica Vélez is part of the Commission for the Protection of Human Rights Defenders and Journalists of Puebla. For this reason, the organizations Article 19 and the National Network of Women's Journalists, Communication and Information AC (Cimac) requested on March 13, 2023 that the Human Rights Commission of the State of Puebla investigate the facts; and, the Mechanism for the Protection of Human Rights Defenders and Journalists determines, where appropriate, the appropriate measures to protect journalists.
VIOLENCE AGAINST JOURNALISTS
06/03
La Supreme Court of Justice of the Nation declared invalid the crime of "Halconeo" regulated in the Penal Code of the State of Guanajuato, considering that it hinders freedom of expression and information.
FREEDOM OF EXPRESSION ACCESS TO INFORMATION
07/03
The organizations R3D, Article 19 and SocialTic They issued a statement in which they make it known that the Mexican Army spied on the human rights defender Raymundo Ramos, for which they ask the authorities to cease military espionage; that the Secretary of National Defense provide information from the Military Intelligence Center; that the information of the contract with Comercializadora Antsua SA de CV be made public, among other issues.
PRIVACY SURVEILLANCE
08/03
La journalist Chantal Flores She was threatened by personnel from the Nuevo León State Security Secretariat, when asking about the arrests that were carried out by the authorities during the March 8M. The organization Article 19 issued a statement on March 22, 2023 in which it urged the Secretary of Security of the State of Nuevo León to avoid acts against the integrity of people who cover social protests and to investigate the public servants who attacked the journalist .
FREEDOM OF EXPRESSION
In the 8M demonstrations in Guanajuato, three banners were presented with the image of the journalist Rosario Martinez de la Vega in which he is accused of extorting politicians. The journalist she covers issues of politics and corruption, particularly social support. As a consequence of the tarpaulins, an attack began on social networks against her. The organization Article 19 issued a statement on March 22, 2023 in which it requests that the Government of Guanajuato issue a pronouncement on the importance of journalistic work in a democratic society, and the Protection Mechanism for Human Rights Defenders and Journalists to reassess the journalist's risk situation if necessary.
VIOLENCE AGAINST JOURNALISTS
10/03
The journalists Natalie Hoyos López and Michelle Hoyos López they were arbitrarily detained and received cruel, inhuman and degrading treatment by municipal police personnel from Izúcar de Matamoros, Puebla. After the treatment received, they were released upon payment of 1,900 pesos for payment for dirtying the streets. The organization Article 19 called for the Attorney General's Office and the Human Rights Commission, both of the State of Puebla, to investigate the facts; and, the Mechanism for the Protection of Human Rights Defenders and Journalists determines, where appropriate, the appropriate measures to protect journalists.
VIOLENCE AGAINST JOURNALISTS
14/03
The organizations R3D, Article 19 and SocialTic issued a statement in which they request that the Senate of the Republic request the appearance of the General Secretary Luis Cresencio Sandoval, in order to explain the use of Pegasus against a human rights defender and two journalists, this within the framework of the installation of the Bicameral National Security Commission.
PRIVACY SURVEILLANCE
15/03
The Senate of the Republic repealed the Law on Printing Crimes considering that it limits the exercise of freedom of expression. This decision leaves without effect the reform proposed to this same law on February 14 in the Chamber of Deputies in which it was proposed to toughen the regulation on freedom of expression in print media.
FREEDOM OF EXPRESSION
21/03
The R3D organization urged the Senate of the Republic not to approve the creation of the National Registration and Identity System regulated in the General Law of Operation of the Civil Registries for constituting a centralized biometric database and under the control of the Ministry of the Interior. R3D recalled that previously the Supreme Court of Justice of the Nation declared a similar database unconstitutional in the case of the National Register of Mobile Telephony Users.
PERSONAL DETAILS
31/03
On March 31, 2023, the term of a third member of the National Institute for Transparency, Access to Information and Protection of Personal Data ends and these vacancies prevent this institution from making decisions with the number of members required by law. For this reason, the president of the Political Coordination Board, Ricardo Monreal Ávila highlighted the consensus reached on March 1th 2023 to designate two people to fill the vacancies in this collegiate body. However the March 15th 2023, the President of the Republic, objected to the appointments, which jeopardizes access to citizen information because the institution would be prevented from making decisions on access to public government information, therefore, the president of the Board of Political Coordination, Ricardo Monreal Ávila pointed out that will intensify work in the Senate to avoid the ineffectiveness of this autonomous body. For his part, he National Institute of Transparency, Access to Information and Protection of Personal Data reported that it will present a constitutional controversy before the Supreme Court of Justice of the Nation, due to the lack of appointment of members of the Plenary.
ACCESS TO INFORMATION
01/03
The government published in the official newspaper "El Peruano" the draft "Inter-institutional action protocol for the coordination and attention to journalists and social communicators in the context of disturbance of public order". The document was prepared by the Ministry of the Interior, the Ministry of Health, the General Staff of the National Police, the Ministry of Justice and the College of Journalists.
The content of the project has been criticized by jeopardize freedom of the press. There it is contemplated that the Police indicate to journalists the "appropriate location" for coverage in scenes of violence and warns that any negative consequences of not heeding the indication "will be under [the] responsibility" of the reporters. The bill refers only to journalists from "legally constituted" institutions, leaving aside the protection of independent journalists.
FREEDOM OF EXPRESSION FREEDOM OF THE PRESS
10/03
Congresswoman Noelia Herrera, from the Renovación Popular political party, presented bill No. 4177/2022-CR in Congress. The legislative initiative proposes that only journalists with title and collegiate can practice the profession, which contradicts the free exercise of journalism. In the Advisory Opinion OC 5-85, the Inter-American Court of Human Rights indicates that the requirement of membership or academic qualifications for the practice of journalism is contrary to the freedom of expression recognized in Article 13 of the American Convention. The legislative proposal has been questioned by various groups of journalists and organizations defending freedom of expression.
FREEDOM OF EXPRESSION FREEDOM OF THE PRESS
12/03
Congresswoman Katy Ugarte, elected by the ruling Peru Libre party, presented the Bill No. 44131/2022-CR, which adds an aggravating penalty to the crimes of slander and defamation, provided for in articles 131 and 132 of the Penal Code, respectively. This aggravating circumstance consists of falsely attributing to a person the commission of the crime of terrorism, considering that said action (colloquially called "terruqueo") generates a social stigmatization against those who have a certain political position.
FREEDOM OF EXPRESSION SLANDER DEFAMATION
14/03
The Justice Commission of the Congress of the Republic of Peru issued an approving opinion of Bill No. 2862/2022-CR. This project proposes to increase the penalties for the crimes of defamation and slander when using social media, social networks or websites improperly. Jail terms for these crimes would increase from three to four years. This decision has been questioned by organizations such as IPYS and southern voices, by not justifying the increase in sanctions and going against the regional trend of decriminalizing expressions against honor.
FREEDOM OF EXPRESSION SLANDER DEFAMATION
