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 September 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%

20/09

Deputy Monica Fein presented the bill "Safe Digital Environments for Children and Adolescents«. The project seeks to establish measures with the aim of guaranteeing the protection and exercise of the rights of children and adolescents in digital environments. To this end, the law establishes the obligation of digital platforms to inform, through accessible, inclusive and appropriate language, the risks derived from the early and inappropriate use of digital environments. Likewise, the obligation to include a parental control function for services, applications and content.

CONTENT MODERATION

17/09

Senator Eduardo E. de Pedro, presented the bill “Regulation of the activity of online gambling and/or betting operators and prevention measures for child and adolescent gambling addiction”. The project regulates the activity, registration and advertising of people and companies linked to online gambling and betting. To this end, it prohibits them from carrying out any type of advertising, sponsorship or promotion at public events or activities. It also requires these companies to request the internet domain “bet.ar” and register in the Online Control Registry of the Betting System.

CONTENT MODERATION

16/09

Deputy Maria Gisela Marziotta, presented the bill “Permanent and mandatory training in preventing the spread of hate speech and fake news in entities providing audiovisual communication services”. The project establishes mandatory annual training for those who hold leadership positions in audiovisual communication entities and workers involved in editorial management. Topics include: (i) prevention and eradication of hate speech; (ii) identification and prevention of fake news; (iii) responsible use of the judicial system and risks of lawfare; (iv) promotion of journalistic ethics and human rights; and (v) inclusive and anti-discriminatory communication strategies. 

DISINFORMATION FREEDOM OF THE PRESS

11/09

Senator Daniel P. Bensusán introduced the bill for “Declare null and void decree No. 780/24, which regulates its similar decree 27275 right of access to public information”. The project seeks to repeal Decree No. 780/2024 because it maintains that it is contrary to international standards regarding access to public information. It also points out that, under the pretext of “regulating” six articles of the Law on Access to Public Information, the norm seeks to establish its own legislation on the matter, which would be unconstitutional. 

ACCESS TO INFORMATION

10/09

Senator Jesús F. Rejal, presented the bill “Regulation of online gambling and betting advertising to control cyber gambling addictionThe bill prohibits the advertising and promotion of online gambling and betting, directly or indirectly through the media or communication; artistic and/or sporting events; or marketing strategies. It also establishes that online gambling and betting operators must implement effective age verification mechanisms to ensure that minors cannot participate in gambling activities.

ADVERTISING CONTENT MODERATION

09/09

Deputies Julia Strada, Martín Soria, Carolina Yutrovic and Pablo Carro, presented the bill "Access to public information – Law No. 27275. Modifications to the right of access and exceptions”. The project modifies Decree No. 780/2024, in order to correct its unconstitutionality defects. The norm emphasizes that the limits to the right of access to public information are only those established by law. 

ACCESS TO INFORMATION

04/09

The deputies Victoria Borrego, Juan Manuel López, Marcela Campagnoli, Maximiliano Ferraro, Monica Frade, Paula Oliveto presented the bill "Repeal of decree 780/2024 restricting access to public informationThe project's grounds state that the rule being repealed, despite being regulatory, seeks to establish its own legislation on access to public information, which would be unconstitutional.

ACCESS TO INFORMATION

04/09

Deputy Esteban Paulón presented the bill “Decree No. 780/24, which restricts access to public information, is declared insanely null and void.The project's grounds state that the rule to be repealed would be constitutional since, despite being regulatory, it seeks to establish its own legislation on access to public information.

ACCESS TO INFORMATION

04/09

Deputy Emilia Orozco presented the bill “Statute of the professional journalist - Law 12908 - incorporation of article 38 bis on the creation of the journalist's conscience clause in situations of risk to his integrity, independence and freedom of expressionThe project creates the “conscience clause,” which is a right of the journalist that enables him to equate it with indirect dismissal when the situation created by work demands that notoriously put his integrity, independence or freedom of expression at risk, according to the assumptions detailed in the norm. 

FREEDOM OF THE PRESS

04/09

Deputy Agost Carreño and others presented the bill “Declare null and void decree No. 780/24 restricting access to public informationThe project's grounds state that the rule would be contrary to constitutional standards regarding access to public information.

ACCESS TO INFORMATION

04/09

Deputy Blanca Inés Osuna and others presented the bill “Repeal of decree 780/2024, which limits the right of access to public informationThe project's grounds state that the regulation would be contrary to international standards regarding access to public information. 

ACCESS TO INFORMATION

04/09

Deputy Ana Carolina Gaillard and others presented the bill “Decree 780/2024, which restricts access to public information, is declared null and voidThe project's grounds state that the regulation would be contrary to international standards regarding access to public information. 

ACCESS TO INFORMATION

02/09

The National Government published the Decree 780 / 2024 in the Official Gazette, introducing a series of modifications to the regulations of Law No. 27.275 on Access to Public Information. One of the most significant changes is the redefinition of “public information,” limiting it exclusively to data related to state activity, which excludes information that was previously accessible. In addition, the Decree allows requests for information to be denied on the grounds of “absence of a compromised public interest,” thus reversing the principles of transparency and maximum disclosure. Among other modifications that have been criticized by civil society. 

ACCESS TO INFORMATION

27/09

Judge Alexandre de Moraes, of the Supreme Federal Court (STF), rejected the request of resumption of operations presented by X (formerly Twitter) the day before. On 26.09, X had requested the STF to unblock it, claiming that he had fulfilled the court orders to appoint a legal representative, block profiles and pay fines. However, Moraes said that, for the platform to operate again in Brazil, must pay a fine of 10 million reais for non-compliance and confirm that the amounts blocked in Starlink accounts will be used to pay the fines. In addition, the company's legal representative must pay a fine of 300.000 reais.

FREEDOM OF EXPRESSION CONTENT CONTROL

25/09

Deputy Jorge Goetten (REPUBLIC/SC) presented the Bill 3689/2024, which proposes rules for the promotion of products and services on the internet by digital influencers. The text defines an influencer as anyone who promotes products or services online in exchange for payment or benefits. The project requires transparency in advertising content and prohibits the promotion of activities exclusive to doctors, complex aesthetic procedures, products for smokers and betting on platforms accessible to minors. It also establishes that platforms and sponsors must ensure compliance with the rules before making payments, and that non-compliance could result in sentences of up to two years in prison or fines. Platforms could face administrative sanctions, applied by the National Data Protection Authority (ANPD). In its justificationThe MP points out that the growing influence of influencers and the lack of transparency in sponsored content can lead to inappropriate behaviour, especially in matters of health and gambling.

ADVERTISING CONTENT MODERATION

21/09

Moraes had conceded five additional days X to formally appoint a representative in Brazil, following a request from Elon Musk's lawyers, who They argued delays for sending corporate documents from Ireland. In addition, the judge ordered the Federal Police and Anatel to submit reports on access to the platform to calculate possible fines. On 25.09, the authorities sent their Reports to the STF on the use of X in Brazil after the blockade.

FREEDOM OF EXPRESSION CONTENT CONTROL

19/09

According to one newspaper column, the Pinheiro Neto law firm was rehired by X for its representation in Brazil. However, Moraes considered irregular this representation since X has not yet appointed a legal representative in the country, giving the firm 24 hours to verify the validity of its mandate. X's lawyers they responded that same day, stating that the company would appoint a representative within the period stipulated by Moraes.

FREEDOM OF EXPRESSION CONTENT CONTROL

18/09

X is back up and running for some users in Brazil after a change in IP address, redirected to services such as Cloudflare. That day, Musk posted on X: “any sufficiently advanced technology is indistinguishable from magic,” in reference to Arthur C. Clarke. In response, Moraes ordered Anatel to reestablish the blockade, accusing X of “voluntary and unlawful contumacy.” It also instructed the platform to suspend the use of hosting services to circumvent the court decision, under a daily fine of 5 million reais.

Anatel notified the operators to reactivate the block and claimed that X demonstrated a deliberate intent to breach the order of the STF. X, for his part, He claimed that the reinstatement was involuntary due to a change of operator for Latin America. As of 18.09, X began to comply with the STF's orders, removing accounts of figures such as Allan dos Santos, Bolsonaro blogger, Paulo Figueiredo, former presenter of Jovem Pan, and Monark, YouTuber.

FREEDOM OF EXPRESSION CONTENT CONTROL

16/09

Senator Randolfe Rodrigues (PT/AP) presented the Bill 3563/2024, which seeks to prohibit advertising, sponsorship and promotion of sports betting houses, online games and other games of chance. The project modifies the Law No. 13.756/2018, which regulates the destination of lottery revenue, and the Law No. 14.790/2023, which regulates fixed-odds betting. It also prohibits betting related to elections, referendums and plebiscites. Sanctions include warnings, fines, suspension of activities and revocation of operating licenses. In its justification, the senator mentions the increase in abuses by operators and the economic and social impact of online betting in Brazil. On 10.09, deputy Reginaldo Lopes (PT/MG) had already presented a similar project to ban advertising of betting houses.

ADVERTISING CONTENT MODERATION

16/09

Federal deputy Marco Feliciano (PL/SP) presented the Bill 3568/2024, which seeks to establish the right to be forgotten. According to the text, platforms must remove content that offends the honor of the affected party after five years of its publication. The project imposes fines of up to R$25.000 on platforms that do not comply with the request of the offended party.. In her justificationThe deputy argues that, although the Supreme Federal Court has considered the right to be forgotten incompatible with the Constitution, this right would derive from the constitutional protections of private life, intimacy and honor.

RIGHT TO BE FORGOTTEN

11/09

La Attorney General's Office (PGR) pronounced against the requests of the Partido Novo and the Brazilian Bar Association (OAB) for the Supreme Federal Court (STF) revise the decision of the 1st Chamber that ordered the X suspension in Brazil and imposed fines on users who tried to continue accessing the platform. On 05.09, Judge Nunes Marques, rapporteur of the two actions, had requested the opinion of the Attorney General's Office (AGU) and the PGR on Actions for Non-Compliance with Fundamental Precepts (ADPF) 1188 y 1190. The ADPF 1188, presented by the Novo Party, challenges the entire decision that suspended the platform. ADPF 1190, of the Federal Council of the OAB, challenges only the daily fines of R$50.000 for the use of VPNs to evade the suspension. The PGR, headed by Attorney General Paulo Gonet, argues that the lawsuits should be dismissed without evaluating the merits, since the ADPF are not the appropriate recourse to challenge decisions of the STF itself. According to Gonet"If there is an appeal against the decision of the STF, the appropriate procedure must be for the Court itself to review it. If there is no appeal, the decision becomes final and sufficient to express the position of the STF in all respects."

FREEDOM OF EXPRESSION CONTENT CONTROL

11/09

Judge Alexandre de Moraes, of the Supreme Federal Court (STF), ordered the transfer of 18,35 million reals blocked from X (formerly Twitter) and Starlink to federal accounts. Both companies are run by Elon Musk and were held jointly liable for forming a «de facto economic group». The amounts transferred were 7,28 million from X and 11,06 million from Starlink, corresponding to Fines imposed by the STF due to the violation of court orders on the removal of content related to disinformation, hate speech and crimes against democratic institutions. With the transfer complete, Moraes ordered the unblocking of bank accounts, vehicles and properties of the companies.

FREEDOM OF EXPRESSION CONTENT CONTROL

10/09

The Attorney General's Office of the Union (AGU) requested the Supreme Federal Court (STF) to adhesion as amicus curiae in two cases dealing with the liability of Internet application providers for content generated by third parties: Extraordinary Appeal No. 1.037.396 (Topic 987) And the Extraordinary Appeal No. 1.057.258 (Topic 533). Topic 987 debates the constitutionality of Article 19 of the Internet Civil Framework (MCI), which states that providers are only liable for third-party content following a court order. Topic 533 discusses whether platforms should monitor and remove offensive content without court intervention. AGU argues that providers can be held liable without a prior court order, based on a duty of care owed by digital platforms. It states that Article 19 of the Civil Framework of the Internet is a general rule that does not exclude the application of other specific rules that protect fundamental rights. The AGU maintains that platforms must have a duty of care in cases such as content monetization, violation of the rights of minors, electoral integrity, consumer protection, disinformation, crimes and other legal violations.

LIABILITY OF INTERMEDIARIES

10/09

Federal Deputy Reginaldo Lopes (PT/MG) presented the Bill No. 3511/2024, which seeks to ban advertising by companies and betting houses, online and offline. The text stipulates the prohibition of advertising, publicizing and promoting products related to betting and gambling in any media. The project provides for progressive sanctions for people and companies that violate the new law, ranging from warnings and fines to suspension of activities, cancellation of licenses, prohibition of obtaining new licenses, prohibition of carrying out certain activities, exclusion from public tenders and even disqualification from acting as administrator in any type of lottery. In his justification, the deputy highlights the rapid growth of so-called “bets” in Brazil in recent years, warning of the harm that these activities generate in the population. According to the deputy, this growth is largely due to the intense advertising promoted by these companies.

ADVERTISING CONTENT MODERATION

02/09

The First Chamber of the STF confirmed by majority the decision of Alexandre de Moraes de suspend X's activities in Brazil. In their votes, the ministers Carmen Lucia, Dino y Tonight They fully supported Moraes' decision. fux, for its part, also supported the measure, with the caveat that it should not indiscriminately affect individuals and companies that did not participate in the process, unless they use the platform to circumvent the decision and promote acts contrary to the constitutional order.

BLOCKS.INFO, a platform that tracks and explains court decisions on the blocking of apps and websites in Brazil, has been updated with this STF decision and is available for further information.

FREEDOM OF EXPRESSION CONTENT CONTROL

30/08

Alexandre de Moraes, minister of the Supreme Federal Court (STF), ordered the suspension from the X platform throughout Brazil until the company complies with all outstanding court orders, pays accumulated fines and appoints a legal representative in Brazil. The minister instructed the National Telecommunications Agency (Anatel) to take the necessary measures within 24 hours to make the suspension effective, which was executed within the deadline The decision also included a summons to Google and Apple to implement “technological barriers” in their app stores, preventing the download of X and VPN (Virtual Private Network) applications – technology that allows access to geographically blocked content. In addition, Moraes imposed a daily fine of 50.000 reais on individuals and companies that use “technological subterfuges”, such as VPNs, to continue accessing X in Brazil. On the same day, Moraes reconsidered the orders targeting Google and Apple, allowing them to keep VPNs in their online stores, but maintaining the fine for those who use them to access X.

The decision was issued in the context of the petition 12.404/DF, under judicial secrecy, after the Elon Musk's default to the subpoena issued by Moraes on 28.08, which required him to appoint a legal representative in the country within 24 hours. Moraes based his decision on Musk and X's violations of Brazilian court orders, particularly regarding the removal of content and profiles that promote disinformation, hate speech, and crimes against democratic institutions. He also noted that the closure of the X office in Brazil reflected the company's intention to “to place itself outside Brazilian jurisdiction”The minister stressed that the cumulative non-compliance with the orders has already generated a fine of R$ 18,35 million to date.

FREEDOM OF EXPRESSION CONTENT CONTROL

03/09

The deputies Johannes Kaiser, Tomás Lagomarsino and Cristóbal Urruticoechea, presented the bill that “Establishes limits on the development of artificial intelligence, in order to safeguard fundamental human rightsThe project establishes a right to autonomy according to which artificial intelligence (AI) systems must not be designed to manipulate or coerce human beings. It also recognizes the right to privacy, transparency, security and responsibility regarding the use of AI.

ARTIFICIAL INTELLIGENCE PERSONAL DATA PROTECTION

27/09

The Council of State admitted for study a tutela action filed by a group of 19 female journalists, represented by the Foundation for Press Freedom (FLIP) and El Veinte, against President Gustavo Petro. The tutela is a response to the pattern of stigmatizations The President's legal action against the press, especially against female journalists, comes after the President used the expression "mafia dolls" (taken from the title of a television series that portrays the lives of women associated with drug traffickers) to refer generically to journalists. As in other cases, the President's words were replicated by social media users who insult and attack those who criticize the President or his government. For this reason, the legal action seeks to protect the rights of journalists to freedom of expression, equality and non-discrimination, and a life free of violence. This legal action will be studied jointly with another that was admitted. days before by the Council of State by a Colombian lawyer.

FREEDOM OF THE PRESS VIOLENCE AGAINST JOURNALISTS

24/09

Three women congressmen The bill on digital protection was introduced by different parties, which seeks to adopt measures to raise awareness, prevent, protect, repair and penalize digital gender violence. Among other things, the bill seeks to criminalize the non-consensual dissemination of intimate sexual content on the Internet. In addition, on September 17, it was announced that another congresswoman will present a second bill on digital gender violence known as the “Olimpia Colombia bill", in reference to the set of legislative reforms in Mexico that were created to combat digital violence. Similarly, this second bill (which has not been officially filed) proposes to sanction conduct related to the creation, dissemination, theft and non-consensual distribution of intimate erotic or intimate sexual material.

FREEDOM OF EXPRESSION GENDER VIOLENCE

04/09

President Gustavo Petro revealed The Police Intelligence Directorate (Dipol) had acquired during the previous administration the Pegasus spyware, which has been used in dozens of countries to spy on journalists, human rights defenders and political opponents. The software had been acquired clandestinely, involving the transportation of large sums of cash and possible legal irregularities in both Colombia and Israel. The purchase was made without leaving a record in Colombia's Electronic Public Procurement System.

FREEDOM OF THE PRESS PRIVACY VIOLENCE AGAINST JOURNALISTS

13/09

The judicial power denied the protection action filed by Wilman Terán against Ecuavisa. The aforementioned resolution determined that the media outlet did not violate any rights of Terán, who wanted the judges to order the SNAI to transfer him from Prison 4 in Quito to the set of the program “Contacto Directo” to respond to the Attorney General, Diana Salazar.

FREEDOM OF THE PRESS

10/09

During the month of September, Commissioner Adrián Alcalá Méndez and Commissioners Blanca Lilia Ibarra Cadena and Norma Julieta del Río Venegas of the National Institute of Transparency, Access to Information and Protection of Personal Data, in the statements 237-24, 243-224, 259-24 y 261-24 They highlighted their concern about the disappearance of the National Institute for Transparency, Access to Information and Protection of Personal Data, considering that it is a regression in the recognition and guarantee of the right to information in Mexico.

ACCESS TO INFORMATION

05/09

The organization Article 19 reports that on September 5 of the same year, protesters from the Otomí Community and collectives in the fight for land and territory, students from the National Autonomous University of Mexico and the Metropolitan Autonomous University were Intervened while exercising their right to protest on the esplanade of the Xochimilco City Hall in Mexico City. This protest was covered by various media outlets. While the protest was taking place, several hooded and armed people interrupted the protest and five protesters were arrested and taken to the Attorney General's Office of Mexico City.

FREEDOM OF EXPRESSION

18/09

El Instituto de Prensa y Sociedad [Press and Society Institute (IPYS) (IPYS) and the National Association of Journalists (ANP) reported that the Minister of the Interior, Juan José Santiváñez, threatened the journalist Karla Ramírez with a complaint for defamation, after the publication of an official letter from Congress in which the president of the Oversight Commission, Juan Burgos, urged the minister not to resort to intermediaries to arrange meetings. On September 4, the ANP had already issued a statement calling Santivañez “the most hostile minister against national journalism,” highlighting that since taking office he has been the protagonist of several confrontations with the press. 

FREEDOM OF THE PRESS

18/09

The General Secretariat Resolution was published No. 000042-2024-DP/SG, through which the Government Palace classified the security plan of the President of the Republic and the information related to the vehicle known as the “box” that transports her as “reserved”, arguing that it is part of said plan. This rule was issued a few hours before the session of the Oversight and Comptroller Commission of Congress, preventing the working group from accessing the requested information. This decision also occurs in the context of an investigation into the possible use of the presidential car by Vladimir Cerrón, fugitive leader of the Peru Libre party, by which the current head of state was elected.

ACCESS TO INFORMATION

13/09

The Legislative Decree was published in the Official Gazette “El Peruano” N° 1649 which modifies article 217 of the Criminal Code. From this point on, the “[reproducing] all or part of a film, by any means or procedure, within movie theaters or similar venues” without the prior written authorization of the author or rights holder is introduced as a punishable offense, thus providing for a penalty of imprisonment of two to six years and a fine of thirty to ninety days. Likewise, if the reproduction is made for commercial purposes and exceeds two Tax Units, the penalty increases to four to eight years of imprisonment and a fine of sixty to one hundred and twenty days. 

FREEDOM OF EXPRESSION

10/09

The Commission for the Proposal for the Reform of the National Institute of Radio and Television of Peru (IRTP), created by the Peruvian Press Council (CPP), presented a draft bill The document seeks to guarantee the editorial independence of the IRTP from the powers of the State. The document proposes the creation of the National Institute of Film, Radio and Television of Peru (ICRTP), as well as the National Commission of Film, Radio, Television and Digital Media (Conacrat). The latter would be made up of civil organizations and in charge of monitoring and consulting on the management of the IRTP. In addition, a meritocratic process would be established to select the members of the Board of Directors and the president of the new institute, as well as the creation of the position of public defender, who would be in charge of supervising citizen complaints and requests for rectification.

FREEDOM OF THE PRESS

10/09

El Instituto de Prensa y Sociedad [Press and Society Institute (IPYS) (IPYS), the Peruvian Press Council (CPP) and the National Association of Journalists (ANP) publicly condemned Fredy Hinojosa, spokesman for President Dina Boluarte, for asking the Public Prosecutor's Office to investigate news coverage of protests against the president, after describing as false the broadcasts that showed attacks on her during demonstrations in Piura on September 5. Hinojosa accused the press of "instigating violence" against the authorities and pointed out that these recordings come from people with the intention of discrediting Boluarte and her team. IPYS condemned this request, considering it an antidemocratic act that threatens freedom of expression.

FREEDOM OF THE PRESS