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 as of May 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 May 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 bills presented between August 2021 and May 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%

04/05 

The Undersecretary for Science, Technology and Innovation Policies, Cecilia Sleiman, participated in the panel “Uses of artificial intelligence, impact in the region and challenges for its regulation” carried out within the framework of the International Seminar. The activity was organized by the Agency for Access to Public Information (AAIP). The event allowed reflections on the need to establish criteria and tools to classify technologies and identify which correspond to artificial intelligence and develop it through public policies. 

REGULATION OF TECHNOLOGIES

13/05

The shades of gender violence in journalistic environments: Woman journalist denounced receiving death threats for denouncing sexual abuse. 

GENDER VIOLENCE FREEDOM OF THE PRESS

15/05

Federal Judge Leopoldo Bruglia demanded President Alberto Fernández for damages for defamation by posting on his official Twitter account Twitter its position regarding the rulings issued by said judge. Bruglia alleged "damage to honor, reputation and dignity - with moral affectation - damage to the public, family, social and institutional image." 

DEFAMATION FREEDOM OF EXPRESSION

16/05

The Supreme Court of Justice of the Argentine Nation ruled in favor of the journalist Sergio Widder sued by Pedro Brieger for the crime of slander by accusing him of being an "accomplice" in Palestinian terrorism. The judges concluded that Widder acted under the protection of "freedom of expression in matters of opinion" and that for his expressions he does not deserve to pay compensation.  

FREEDOM OF EXPRESSION FREEDOM OF THE PRESS SLANDER

01/05

The Public Ministry demands clarifications on offensives against Bill No. 2630/2020. Attorney Yuri Luz, from the Federal Public Ministry (MPF), of São Paulo, ordered Google and Meta to provide information about alleged offenses against the vote on the Bill no 2630/2020. The objective of the Public Civil Investigation is to investigate the direction of the search results in Google for the links with criticisms of the bill and, especially, for the link of the article with the positioning of the platform on the subject. In addition, the investigation seeks to investigate whether Meta had served ads - with promoted posts - contrary to PL No. 2.630/2020, without identifying that they were ads. The Prosecutor requested clarification from the platforms and ordered that, within 10 days, Google provide information on which criteria guided the search results on the project in the period between 20.04.2023 and 02.05.2023, informing the reasons of sending "urgent alerts" to content creators on YouTube.

FREEDOM OF EXPRESSION

02/05

Alexandre de Moraes determines the withdrawal of content with attacks on Bill No. 2630/2020. He Minister of the Brazilian Supreme Court Alexandre de Moraes ordered Google, Meta, Spotify and Brasil Paralelo to remove content that attacks or promotes disinformation about Bill 2630/20. The decision established the complete removal, within one hour, of all advertisements, texts and information published and propagated from the official Google blog with attacks on PL 2630, under a fine of R$ 150.000 per hour of non-compliance per piece of advertisement. In addition, Moraes ordered the companies to indicate, within 48 hours, the methods and algorithms for increasing the scope and induction of the search in "PL da Censura", and gave a period of 5 days for the Federal Police to listen. to the CEOs of companies. In the grounds for the decision, the Minister cited a university study stating that "data suggests that Google has been using search results to negatively influence users' perception of the bill." Alexandre de Moraes also stated that the companies used immoral and illegal mechanisms that can constitute an abuse of economic power, generate disinformation and encourage "digital militia practices on social networks." 

DISINFORMATION CONTENT MODERATION

The president of the Chamber of Deputies, Arthur Lira, postponed the vote on Bill 2630/2020. He President of the Chamber of Deputies, Arthur Lira (PP/AL), postponed the vote on Bill 2630/2020. The project, which contains various rules for digital platforms in Brazil, including for content moderation, newspaper remuneration, parliamentary immunity, mass mailings, among others, had its urgent processing approved on 25.04, and the vote was scheduled for Tuesday, 02.05. The decision was made at the request of the project rapporteur Orlando Silva (PCdoB/SP), who asked for more time to adjust the text after meeting with party leaders. According to Orlando, there was no time to "examine all the issues." Arthur Lira did not set a new date for the vote.

DISINFORMATION CONTENT MODERATION

The National Consumer Secretariat orders Google to designate its text against Bill No. 2630/2020 as "advertising". The National Consumer Secretariat (Senacon), of the Ministry of Justice and Public Security, ordered Google to mark a pinned link on its search home page as “advertising” on 01.05, with the text «Fake news PL can increase confusion about what is true or false in Brazil«. The article said that the law would protect those who produce disinformation, with a link to send messages to parliamentarians. Senacon argued that although companies have the right to pronounce on the laws that affect their interests, "this right of private agents faces limitations, especially when it generates as a secondary effect the accentuation of the information vulnerability of the consumer, who is unaware of the method used by the provider of products and services. He affirmed that the company's attitude can be considered fraud due to abuse of economic power and determined to mark the article as "advertising content", informing if there was interference in search indexing. Senacon established a term of two hours, under a fine of 1 million reais to Google in case of non-compliance. 

It also opened an administrative procedure. The company removed the link from its home page. The Administrative Council for Economic Defense (CADE) It also opened an administrative investigation procedure against Google and Meta for abuse of economic power. in the discussions of PL nº 2.630/20.

DISINFORMATION FREEDOM OF EXPRESSION

10/05

Alexandre de Moraes orders Telegram to delete the message sent about Bill No. 2630/2020. Justice Alexandre de Moraes, of the Federal Supreme Court (STF), ordered Telegram to delete a message sent to platform users criticizing Bill No. 2630/20. The message, object of the decision, was sent by the application on 09.05, and stated that Brazilian democracy would be at risk due to PL no. 2630/20, bringing points, for example, "how this bill is going to kill the modern Internet if it passes with the current wording". In addition, the decision, issued in the framework of the investigation of fake news, determined that Telegram sent a new message to users (communicating that the company's conduct "characterized FLAGRANDE AND ILLEGAL DISSEMINATION threatening the National Congress, the Judiciary, the Rule of Law and Brazilian Democracy"), and that the Federal Police (PF) take testimony from the representatives of the platform in Brazil. In case of non-compliance with the measures by Telegram, Moraes ordered a fine of R$ 500 thousand per hour and the suspension of the application for 72 hours. In the decision, the minister affirms that Telegram is "a repeat offender in practices that, by action or omission, allow the criminal proliferation of fraudulent messages." The company accepted the decision, eliminating the content on PL no. 2630/20 and sending the message determined by the STF. The National Consumer Secretariat also opened a procedure to investigate Telegram messaging to its users against Bill 2.630/2020.

DISINFORMATION FREEDOM OF EXPRESSION

16/05

Deputy proposes a new bill to regulate the Internet. El Federal Deputy Lafayette de Andrada (REPUBLICANOS/MG) proposed Bill 2.582/2023, which seeks to establish the Brazilian System for the Defense of Freedom of Expression and Integrated Combat to the Practice of Illicit Acts on the Internet (SBDL).. In his justification, the deputy affirms that a law is necessary that "promotes the security and reliability of the public environment of the Internet". According to him, the public power is not yet prepared to regulate the networks. The deputy refers to STF rulings as examples of acts that reduce freedom of expression on the Internet and promote censorship. 

CONTENT MODERATION FREEDOM OF EXPRESSION

17/05

Judgments on the constitutionality of articles 12 and 19 of the Internet Civil Framework by the STF are scheduled for 17.05. On May 9, 2010, the President of the Brazilian Supreme Court (STF), Rosa Weber, scheduled for May 17 the trial of Issues 987 and 533, which involve the treatment of the Marco Civil da Internet (MCI) regarding the civil liability of Internet platforms for damages arising from content generated by third parties. In addition, the Court also scheduled for the same day, the Direct Action of Unconstitutionality (ADI) 5527 and Appeal for breach of fundamental precept (ADPF) 403, who deal with the possibility of judicial decisions to authorize the national blocking of messaging applications, such as WhatsApp and Telegram, by Brazilian judges. 

CONTENT MODERATION

23/05

TJSC decreases the compensation to be paid by Felipe Neto to the woman who had spread the message. a judge came down the compensation that the influencer Felipe Neto must pay to a woman for having negatively disclosed her profile. In the first instance, Felipe Neto had been sentenced to pay R$ 30,000.00 in damages for allegedly promoting "virtual lynching" on social networks. The influencer would have posted a screenshot of a message about the liberalization of trade in the 2020 pandemic on his Twitter, stating that he had never seen "so many inhumane people" in his life. He Judge Mark Fey Probst, rapporteur of the case, dismissed all the influencer's arguments against the conviction, but accepted the reduction of the compensation to R$ 5.000,00, being accompanied by the other judges.

CONTENT MODERATION FREEDOM OF EXPRESSION

26/05

Bolsonaro sentenced to pay collective moral damages. Former President Jair Bolsonaro was sentenced by the São Paulo Court of Justice to pay R$ 50.000,00 in damages for his repeated attacks against journalists, in a lawsuit filed by the Union of Professional Journalists of SP. The former president's defense alleged that the insults uttered by Bolsonaro were directed at specific professionals, and not at the class of journalists. However, the judge in charge of the case understood that, with the due reservations about the limits of freedom of expression, Bolsonaro's demonstrations were abusive and offensive to privacy and dignity, which would have occurred "in relation to the category as a whole».

FREEDOM OF THE PRESS

29/05

The court of Garanrái de Concepción will review the case of Henry Campos against Diario Resumen after the ruling issued by the Inter-American Court of Human Rights where it condemned the State of Chile for not respecting the right to freedom of expression in the case of lawyer Carlos Baraona Bray. The court will base itself on said ruling to issue a decision in the case of Henry Campos. 

FREEDOM OF THE PRESS SLANDER

The bill that aims to regulate the protection of personal data, its treatment and the creation of the Agency for the Protection of Personal Data (APDP) He passed Third Constitutional Process in the National Congress. The Bill seeks to incorporate a series of security, information and management obligations for those responsible for data processing. Likewise, the new entity will be in charge of monitoring the effective protection of the use of this information and will monitor compliance with the law with the power to impose fines. 

PERSONAL DATA PROTECTION

09/05

Journalist Jorge Méndez was murdered in Ciénaga de Oro, Córdoba, the journalist Luis Gabriel Pereira. Pereira was director of the digital media Notiorense. The media published news about the public order of the municipality, in which there are high rates of violence. In addition, according to what was reported by the media, Pereira had recently revealed in one of his articles the name of an alleged femicide. The Foundation for the Freedom of the Press (FLIP) rejected the murder and asked the Attorney General's Office to consider within its investigative hypotheses that the murder was motivated by Pereira's journalistic profession.

VIOLENCE AGAINST JOURNALISTS FREEDOM OF THE PRESS

23/05

On May 23, a bill was filed in the Senate that seeks to create the National Digital Security Agency, a decentralized entity that would form part of the executive branch. If the law is approved, the agency will have the function of formulating and applying strategies and public policies on digital security and national cyber defense.

PRIVACY

25/05

On May 25, a project that seeks to eliminate violence against women in political life. Despite the good intentions of the project, various civil society organizations they have expressed concern about the excessive limits it would create on freedom of expression. According to the organizations, the ambiguity of the definitions contained in the project could lend themselves to arbitrary applications by the authorities. As it is a statutory bill that regulates fundamental rights, now the approved text will have to be automatically reviewed by the Constitutional Court before going on to presidential sanction.

GENDER VIOLENCE FREEDOM OF EXPRESSION 

26/05

Ecuador joins the Latin American trend of regular the protection of personal data. On May 26, the Personal Data Protection Law was promulgated, which will penalize offending companies that provide customer information without prior authorization with fines. 

PERSONAL DATA PROTECTION 

18/05

Civil society organizations and international journalistic associations they requested, through a statement, respect and protect freedom of expression and of the press during the elections to be held on June 25 in Guatemala. 

ELECTIONS FREEDOM OF THE PRESS FREEDOM OF EXPRESSION

03/05

El National Institute of Transparency, Access to Information and Protection of Personal Data filed a claim before the Supreme Court of Justice of the Nation requesting that they be allowed to meet with four members in order to resolve the more than three thousand means of challenge pending to be resolved, and with this to be able to continue guaranteeing transparency in Mexico. 

PERSONAL DATA PROTECTION TRANSPARENCY

04/05

El Executive Committee of the International Conference of Information Commissioners urged the Senate of Mexico to make the appointment of the three remaining advisers of the National Institute of Transparency, Access to Information and Protection of Personal Data so that it continues to guarantee the right to information in Mexico, and can also comply with its obligations international organizations as part of the Executive Committee of the International Conference of Information Commissioners. This same call was made by the Ibero-American Data Protection Network on May 21, 2023. For its part, on May 5, 2023, various organizations and journalists They questioned the position of the Federal Government to want to eliminate the National Institute of Transparency, Access to Information and Protection of Personal Data, as well as the position of the Senate to postpone the appointment of three out of three of the vacant positions for counselor. 

ACCESS TO INFORMATION

11/05

La Supreme Court of Justice of the Nation resolved that the National Institute of Transparency, Access to Information and Protection of Personal Data It has the power to determine in a preliminary way and only in relation to the exercise of the right to information when an act is a serious violation of human rights. 

ACCESS TO INFORMATION

15/05

Various civil society organizations denounced the increase in attacks on the journalist Denise Dresser and their children on the journalist's personal twitter account. The increase in attacks coincides with the publication that she made about the President of Mexico and his children as a result of a journalistic investigation carried out by Latinus in which they reveal influence peddling and conflicts of interest of the president's children. The organizations demanded that the Federal Government stop sending stigmatizing messages against the journalist and eliminate the section Who is Who in the Lies in the program that the President conducts every Wednesday; and requests the National System for the Prevention, Care, Punishment and Eradication of Violence against Women and the National Human Rights Commission to take action in this regard. 

VIOLENCE AGAINST JOURNALISTS FREEDOM OF THE PRESS

18/05

La Supreme Court of Justice of the Nation declared unconstitutional the Presidential Agreement by which the projects and infrastructure works of the federal Government were determined to be national security and public interest, published in the Official Gazette of the Federation on November 22, 2021. This continues to guarantee the Right to information on the cost of permits and the construction process of federal government infrastructure projects. 

ACCESS TO INFORMATION

19/05

El National Institute of Transparency, Access to Information and Protection of Personal Data filed a complaint appeal before the Supreme Court of Justice of the Nation against the decree published on May 18, 2023, by the Federal Executive in which it declared the construction of the Mayan Train, the Interoceanic Corridor of the Isthmus of Tehuantepec, the airports of Palenque, Chetumal and Tulum, among other works, such as national security and public interest. For their part, the organizations Article 19, Founding and Public Appointments They called the publication of the aforementioned decree contempt of the determination of the Supreme Court of Justice of the Nation.

ACCESS TO INFORMATION

22/05  

The New York Times newspaper reported that the Undersecretary for Human Rights of the Ministry of the Interior, Alejandro Encinas, was spied on with the pegasus software. It is noteworthy that this high-ranking official has led investigations related to the actions of military personnel in the Dirty War and Ayotzinapa eras, and has been critical of the expansion of powers to the military.

PRIVACY

02/05

The Supreme Court of Justice issued a resolution that establishes the continuation of the trial against the journalist Daniel Yovera for defamation, despite the fact that two instances of the Judiciary had declared the process prescribed last year.

The complaint against Yovera was filed in July 2019 by Alberto Gómez De la Torre due to the documentary "The Sodalitium Scandal", broadcast in 2015 by the Al Jazeera chain. Although two judicial instances had considered the case time barred, Gómez De la Torre challenged this decision before the Transitory Criminal Chamber of the Supreme Court. In its resolution of May 2, the court determined that the case has not prescribed because it is a "continuing crime."

The room's decision is based on the fact that in December 2018, Yovera published some tweets that included the link to the report "The Sodalitium Scandal". According to the judges, the fact of sharing the link to the report "demonstrates a new manifestation of will on the part of the defendant by publishing said tweets, which would ratify the content of the aforementioned report."

DEFAMATION FREEDOM OF THE PRESS

04/05

The Congress of the Republic of Peru approved in the first express vote, without justification and despite the opposition of the Ministry of Justice and the Ombudsman, the Bill 2862/2022-CR, which raises the increase in penalties for crimes of defamation and slander committed through the media. The proposed term of imprisonment for the offense of defamation is 2 to 4 years.

The ruling, which involves modifications to the Criminal and Civil Codes in order to "sanction the improper use of the media, social networks and collective disclosure websites", was approved without debate, in the first vote, with 69 votes in favor. , 28 against and 3 abstentions. The second vote has been announced for the plenary session on Thursday, May 25.

FREEDOM OF EXPRESSION SLANDER

14/05

The Permanent Criminal Chamber of the Supreme Court issued the cassatory sentence 1464-2021/Apurimac, which establishes that violent protests that result in attacks on people and public and private property are considered crimes.

The sentence was handed down in response to the appeal filed by four people who were sentenced in 2019 for the crime against public security, due to their participation in blocking the road to the Las Bambas mine, in Apurímac, which prevented the passage of copper transport trucks. 

Others political, and institutions private have expressed criticism of the sentence. However, there have also been favorable opinions expressed by lawyers and academics, who argue that the ruling does recognize protest as a legitimate way to exercise the right to freedom of expression and assembly. However, it is also established that crimes are not considered a legitimate form of protest.

Subsequently, on May 18, the Judiciary issued a statement in response to the criticism of the Supreme Court's appeal judgment and stressed that the Judiciary does recognize protest as a constitutional right.

FREEDOM OF EXPRESSION