Number of LATAM projects as of November 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 November 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 November 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% |
10/11
The Chamber of Deputies of the Nation approved the ratification of the Republic of Argentina its adherence to Convention 108+, which updates Convention 108 on the Protection of Personal Data and regulates the automated processing of such data. The Agency for Access to Public Information she was in charge of promoting the sanction and leading some provisions to adjust them to the new challenges facing the digital world.
PERSONAL DETAILS PRIVACY
15/11
The Argentine State and the family of José Luis D'andrea Mohr signed a friendly settlement agreement after having determinado that the State violated his right to freedom of expression. This is because the Supreme Court of Argentina issued a ruling in 2004 condemning Jose Luis D'Andrea Mohr to pay compensation to Ríos Ereñú for mentioning him in his book "El Escuadrón Perdido" as the Chief of the Monte Infantry Regiment No. 28 of Tartagal at the time of the disappearance of Corporal José Hernández.
FREEDOM OF EXPRESSION
21/11
Oral Court 13 prohibited an Infobae journalist from continue exercising his journalistic work in the case of the Barras de Boca Juniors accused of instigating to commit murders in the inmate of La Doce. Several organizations pronounced alleging repudiation against the court that prevented journalistic coverage of said trial.
FREEDOM OF EXPRESSION FREEDOM OF THE PRESS
22/11
The Federal Civil and Commercial Chamber issued a favorable ruling for the model Celeste Sablich who sued the search engines Google Inc. and Yahoo Argentina SRL for damages for associating the model's image with sites with pornographic or sexual content. The ruling addressed the gender perspective, indicating that this type of actions "represents a degrading prejudice against women who respond to sexist stereotypes" and determined that this type of links affected the professional image that the plaintiff had been forming, her dignity, privacy and honor. .
HONOR PRIVACY
27/10
[Disinformation] Alexandre de Moraes determines the elimination of Bolsonaro groups on Telegram for attacks on democracy. Minister Alexandre de Moraes, of the Superior Electoral Tribunal (TSE), ordered the elimination of Bolsonaro groups from Telegram that violated the democratic rule of law. The decision was based on a term of information sent to the TSE by the Special Advisory to Counter Disinformation (Assessoria Especial de Confrentamento à Desinformação – AEED/TSE). The term affirms, based on reports by UOL and Agência Pública, that Telegram has been used "for the propagation of false statements, prejudiced and intimidating messages, as well as for the apology of criminal acts and political violence in the current elections." in the sentence various messages such as "now we are at war" and "I'm tired of being a victim" are listed. I want to make a victim". The minister understood that the statements do not correspond to the free exercise of freedom of expression, but to abusive and criminal behavior. Thus, Moraes determined the immediate removal of the groups "70 Million Vote for Bolsonaro Nueva Derecha" and "70 Million 2 Vote for Bolsonaro Nueva Derecha", under penalty of a fine in the amount of R$ 100 thousand per hour of non-compliance.
DISINFORMATION
28/10
[Elections] The TSE orders the elimination of messages containing misinformation about electronic ballot boxes. Minister Cármen Lúcia, of the Superior Electoral Tribunal (TSE), granted an injunction ordering the removal of Facebook, Twitter and TikTok posts containing misinformation about electronic ballot boxes. The decision was issued due to the lawsuit filed by the Brazil Coalition of Hope (President-elect Lula's coalition) against the Bolsonarista profiles. In the representation, the Coalition affirmed that the profiles alleged that the ballot boxes were "unsafe, fraudulent and unreliable", creating uncertainty about the impartiality of the TSE.. In the decision, the magistrate argued that the messages constitute "a disinformation strategy, with an evident and serious distortion of facts that are known to be untrue" and determined a period of 2 hours for Twitter to delete the publication made by one of the the bills. She also ordered the defendants to refrain from making new posts with the same content and granted a period of 5 days for the Twitter, Facebook and TikTok platforms to identify the aforementioned profiles.
DISINFORMATION ELECTIONS
02/11
[Suspension of accounts] TSE prohibits the federal deputy from creating new accounts until Lula takes office. According to the Poder360 website, Judge Marco Antonio Martins Vargas, assistant to Minister Alexandre de Moraes of the Superior Electoral Tribunal (TSE), ordered the prohibition of the deputy Carla Zambelli (PL-SP), supporter of Bolsonaro, to create new profiles on social networks until the induction ceremony of president-elect Lula (PT). The determination was issued the day after the decision of the Electoral Tribunal to suspend the deputy's Facebook, Twitter, Instagram and LinkedIn account. The decision has not been publishedHowever, when accessing the deputy's account, the following message is found: "The account of @ Zambelli2210 was withheld in Brazil in response to a lawsuit." In addition to the suspension of the new accounts of the deputy, it was decided to prohibit the creation of other profiles on social networks until 19.12.2022, when Lula takes office. The magistrate established a fine of R$ 100 for new Zambelli accounts detected.
CONTENT MODERATION
11/11
[Freedom of Expression] The bill aims to modify the Abuse of Authority Law and the Civil Framework of the Internet to regulate the removal of content from parliamentarians' posts. Deputy José Medeiros (PL/MT) presented to the Chamber of Deputies bill 2.782/2022, which defines as a crime of abuse of authority the "unjustified suspension or blocking" of the website or the profile of a deputy or senator. The new device makes the act of "determining the unjustified elimination of the publication, page or profile on the Internet of a deputy or senator, violating the parliamentary immunity of his opinions and words", have a prison sentence of one to four years and a fine. The text also intends to modify the Civil Framework of the Internet (Law No. 12.965/2014), to determine that court orders must contain, under penalty of nullity, the reasons that indicate the abuse of parliamentary prerogative produced and the clear identification of the portions that evidence the abuse, in order to authorize only the elimination of these portions. The project also prohibits the removal of content based solely on content of an isolated and decontextualized nature, or in the absence of recurrence in the publication of content that may characterize the abuse of parliamentary prerogative. In his justification, the deputy affirms that during the 2022 elections there was an alleged "censorship" of parliamentarians and that the proposed bill would aim to guarantee parliamentary immunity.
FREEDOM OF EXPRESSION CONTENT MODERATION
17/11
Camila Vallejo, Minister Secretary General of the Government of Chile Currently in office, made a travel to Europe to understand the experiences of other countries on managing the fight against disinformation and strengthening democracy in freedom of expression to create a new system of public media in Chile.
FREEDOM OF EXPRESSION DISINFORMATION
18/11
The deputies Cristian Araya and Luis Sánchez provoked a strong parliamentary debate by questioning the actions of groups that promote human rights and questioning the disappearances of thousands of people during the protests in the social outbreak at the end of 2019. Said debate revived in the Chilean country the discussion on the need to punish or not the denial speeches about crimes that occurred during the dictatorship of Augusto Pinochet.
FREEDOM OF EXPRESSION
08/11
Néstor Osuna, Minister of Justice, presented modifications to a draft bill that has generated controversy in Colombia, given that it sought to force the media to publish content on criminal policy endorsed by the Government. Among other things, the draft provided that "the contents may be produced directly by the corresponding media, but for their dissemination they must be submitted to the approval of the Higher Council for Criminal Policy." After introducing the changes, the Minister said: "We have listened to the voice of experts in politics, in freedom of expression, and also the voice of the media, and we have considered that, of course, the State should not control any content of any kind. means of communication," said Osuna. Despite the change, the Foundation for Freedom of the Press (FLIP) He argued that the draft continues to create risks to freedom of expression, since in its current version the draft disguises a review as collaboration.
FREEDOM OF EXPRESSION FREEDOM OF THE PRESS
15/11
The Constitutional Court made a technical audience in which the guardianship action filed by the porn actress Esperanza Gómez against Meta was discussed, due to the closure of her Instagram account. The actress argues that he never used the social network to carry out pornographic activities and claims his right to freedom of expression.
FREEDOM OF EXPRESSION CONTENT MODERATION
18/11
The Constitutional Court made a public audience on a claim of unconstitutionality related to net neutrality. The demanded norm is an article of the National Development Plan 2010-2014 that establishes that "[i]nternet service providers may make offers according to the needs of the market segments or their users according to their usage profiles and consumption, which will not be understood as discrimination”. According to the plaintiffs, this article violates the principle of net neutrality, guaranteed by another law, since it allows Internet providers to offer their users free access to certain social network applications. Participants in the hearing argued, among other things, that this norm affects freedom of expression, access to information and information pluralism. The Court's decision will determine whether net neutrality is a principle deserving of constitutional protection.
NETWORK NEUTRALITY INTERNET ACCESS
14/11
President Guillermo Lasso signed the new Communications Law of Ecuador which aims to counteract the "gag law" issued in 2013 by former President Rafael Correa by eliminating limitations on the free exercise of journalism and freedom of expression. The changes contained in this new law are related to the elimination of control over the media through "censorship" and litigious legal rights against journalists or the media for their published content.
FREEDOM OF EXPRESSION FREEDOM OF THE PRESS
07/11
civil society organizations reject attacks against the director of “El Periódico” in Guatemala, Julia Corado, who has received intimidating messages and threats. The "Red Rompe el Miedo Guatemala" denounced this case before the Inter-American Commission on Human Rights as the sum of the complaints about attacks that Guatemalan journalists have received.
VIOLENCE AGAINST JOURNALISTS
10/11
The journalist Lesbia Esmeralda Catún denounced before the Office of the Prosecutor for Crimes against Journalists, having been the victim of aggression and abuse of authority by three agents of the National Civil Police, a complaint that was dismissed by the Public Prosecutor's Office and the Prosecutor's Office itself when determining that it was not proven that the agents had caused injuries to the journalist and they were also unable to establish whether they committed an arbitrary and illegal act. The Organization "Association of Journalists of Guatemala" rejected this new withdrawal and pointed out that it would be the fourth complaint against police officers not to be addressed.
VIOLENCE AGAINST JOURNALISTS
10/11
The Organization Article 19 reported that Clever Rea, a reporter for El Despertar de la Costa and Director of the Guerrero outlet Reacción, was arbitrarily detained by the Guerrero police. During the detention, the journalist suffered damage to his physical and psychosocial integrity. As a result of the attacks by the police, the journalist received three stitches to the head. The journalist was later released without charge. Article 19 required the Secretary of Public Security, the Attorney General's Office and the Human Rights Commission, all from the State of Guerrero, to open an investigation into the facts; and the entity's Executive Commission for Attention to Victims to provide medical and psychosocial care to the journalist.
FREEDOM OF THE PRESS VIOLENCE AGAINST JOURNALISTS
11/11
La Network of Journalists of Puebla and the organization Article 19, expressed their concern about the stigmatizing messages against journalists by the Governor of Puebla. The statement highlights three messages from the ruler in the last three months, which include the mention of using legal instances against journalists; As a result of these government messages, journalists receive a series of comments on social networks about their journalistic work. The Journalists Network and Article 19 ask the Governor to stop stigmatizing the press and ask for an apology for his past expressions against it.
FREEDOM OF THE PRESS VIOLENCE AGAINST JOURNALISTS
La organization Article 19 warned of the violence suffered on November 9 in Tula, Hidalgo by the reporter Rosalia Maldonado Franco of El Sol de Hidalgo and the Director of the Rearview Mirror Alejandro Torres Castañeda by the former Federal Deputy and former Municipal President of Atotonilco de Tula, Julio César Ángeles Mendoza. On the day of the attacks, the journalists were covering a demonstration by relatives of disappeared persons, and during the demonstration the former official asked some people to hit the journalist, while he slapped the journalist's hand to stop recording with his cell phone, and the equipment was taken away. Article 19 requested the Governor of Hidalgo to implement prevention and protection measures against the press; the Mechanism for the protection of human rights defenders and journalists apply protection measures in favor of the journalists attacked, and the Attorney General's Office to investigate the facts.
FREEDOM OF THE PRESS VIOLENCE AGAINST JOURNALISTS
14/11
Various Civil society organizations, expressed their concern about the initiative presented on October 6, 2022 by the Federal Deputy, Juanita Guerra Mena of MORENA, with the purpose of issuing the General Cybersecurity Law. The initiative seeks to establish greater surveillance and censorship mechanisms against people who use information technologies. The organizations demand an open parliament to discuss regulation on the Internet, so that the regulations do not violate the rights to freedom of expression, the protection of personal data and privacy.
FREEDOM OF EXPRESSION INTERNET
23/11
a Supreme Court of Justice of the Nation informed of the decision to decree the unconstitutionality of various provisions of the Civil Code of Mexico City in which the elimination of the information in public and private records of deceased persons was previously established when the destination or protection of deceased persons had not been established in their will. the same. In this regard, the organization R3D congratulated the decision taken by the SCJN.
ACCESS TO INFORMATION
24/11
On November 24, 2022, the Senate of the Republic He urged the various areas of the government to guarantee access to official services on the Internet for people with disabilities.
INTERNET ACCESS
18/11
Judge Wilfrido Peralta issued a ruling against the director and a journalist from ABC Color in the context of a legal proceeding for defamation filed by former Deputy Minister of Taxation Marta González. Organizations of civil society and journalists presented their rechazo against this ruling considering that it negatively affects the work of journalists to investigate, investigate and self-censorship.
FREEDOM OF THE PRESS
28/10
The Ombudsman introduced a bill which seeks to ensure the independence of the National Institute of Radio and Television of Peru - IRTP and the public media under its responsibility. For this purpose, it proposes that the members of its Board of Directors be elected by public merit competition, and certain minimum requirements are established, such as: having experience in journalistic work, management and cultural dissemination, or education, and not having been convicted of committing an intentional crime.
FREEDOM OF THE PRESS
03/11
The digital medium The Focus It was notified with a judicial precautionary measure that provides for the "provisional and immediate withdrawal of the publications retransmitted or permanent on the computer platforms (...) of the communication medium El Foco", related to Miguel Ángel Méndez Maúrtua, attorney of the Ministry of Women and Vulnerable Populations (MIMP). This after the media published a report in which four women denounced the State official for having mistreated and humiliated them when they worked under his leadership. The National Association of Journalists of Peru learned of the case and disagreed with the judicial decision for representing "the abusive and forced use of legal mechanisms that violate the dissemination of information of public interest."
FREEDOM OF EXPRESSION FREEDOM OF THE PRESS
08/11
The Ombudsman urged government representatives to stop creating a hostile environment for the work of the press. This is in response to the latest statements by the President of the Council of Ministers, Aníbal Torres, regarding the work of journalist Sol Carreño. This pronouncement was made as a result of the fact that, during a session of the Council of Ministers, the first Minister pointed out that the journalist He manipulated people and launched personal labels against her, even referring to her family life.
FREEDOM OF THE PRESS VIOLENCE AGAINST JOURNALISTS
11/11
Congressman Jose Cueto Aservi, member of the Popular Renewal Parliamentary Group, introduced a bill that creates the National Electronic Registry of Free Access to Essential Information on Judicial, Criminal and Police Records. This consists of the creation of a free electronic information system that allows obtaining essential and verifiable information on the existence or not of judicial, criminal and police records of any person.
ACCESS TO INFORMATION
