Number of LATAM bills of law between January 2024 and April 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% |
04/04
Manuel Adorni,acting as a spokesperson for the Government of Argentina, announcing the presentation of a bill of law to Congress aimed at reforming articles of the National Education Law to “penalize indoctrination in schools,” including “a channel” for parents of students to “report when they feel that their right to education is not being respected.”
FREEDOM OF THE PRESS
11/04
Javier Milei stigmatized the Argentine press through Twitter, where he described journalism as a space that is “corrupted, dirty and prostituted,” and accused them of engaging in “extortion,” “defamation and slander.” He made these statements during an announcement of “a new Foreign Policy Doctrine for Argentina,” following the visit of General Richardson.
FREEDOM OF THE PRESS
02/04
The Supreme Federal Court (STF) upholds a fine of R$30 thousand imposed on a congressman for disseminating fake news. On April 02.04nd, Justice Edson Fachin, of the Supreme Federal Court (STF), rejected the extraordinary appeal filed by federal deputy Nikolas Ferreira, upholding the fine of R$30 thousand. The imposition of the fine was based on the Election Law, which prohibits anonymity during the electoral campaign over the internet. The appeal was filed against the decision of the Superior Electoral Court that condemned the deputy for irregular propaganda and spreading misinformation about President Lula and the Workers' Party during the 2022 elections, at which time the permanent removal of the challenged content was also ordered. In his decision, the justice reaffirmed that "there is no Rule of Law or free society in a representative democracy that does not preserve, even with bitter remedies and limits, the normality of elections."
FAKE NEWS FREEDOM OF EXPRESSION ELECTIONS
03/04
A bill seeks to establish joint liability for suppliers for fraudulent advertising. On May 03.04, Deputy Jonas Donizette (PSB/SP) introduced Bill No. 1.081/2024, which establishes joint liability of application providers for fraudulent advertisements. The bill amends Article 19 of the Internet Civil Rights Framework to include the obligation to compensate victims of fraudulent sponsored advertisements. The proposal expressly prohibits sponsored advertising of "content that promotes fraud, deception or unfair business practices," establishing the duty of providers to verify the authenticity of the advertised content and to remove fraudulent advertisements within 24 hours. Liability would be joint between the provider and the advertiser. In his justification, the congressman cites an increase in scams through sponsored advertisements on the Internet and suggests that platforms should be responsible in combating these illicit practices.
LIABILITY OF INTERMEDIARIES
07/04
Minister Alexandre de Moraes orders investigation of Elon Musk. On 07.04/XNUMX, following Elon Musk's posts on the social media platform X, formerly known as Twitter, Minister Alexandre de Moraes, of the Supreme Federal Court (STF), ordered the inclusion of the owner of the platform in the investigation into digital militias. This determination arose in the context of Inquiry 4.874/DF, popularly known as “Inquérito de las Milicias Digitales.” The minister mentioned that this and other inquiries (4.781/DF, 4.920/DF, 4.921/DF, 4.922/DF, 4.923/DF y FRI 12.100) were established as a means to combat what he describes as the "criminal instrumentalization" of social media. Moraes argued that application providers have as much responsibility as any other media outlet in the circulation of content and considered it unacceptable for representatives of these providers to be unaware of such criminal instrumentalization.
Moraes interpreted that on April 06, Elon Musk "initiated a disinformation campaign" about the actions of the STF and the TSE, which was reiterated the following day, with posts in his own social media platformaccusing Moraes of censorship and threatening not to comply with court orders related to suspending platform user accounts. According to Moraes, such posts present "indications of intent (...) in criminal instrumentalization" that is expressed in the inquiries. Therefore, Minister Alexandre de Moraes ordered that the businessman be investigated within the scope of Inquiry 4.874/DF for "intentional criminal instrumentalization." Additionally, he ordered a new inquiry to investigate Elon Musk for obstruction of justice and criminal organization. Finally, he ordered social media platform X to comply with all judicial decisions and not reactivate judicially blocked profiles, under penalty of a daily fine of R$100 per reactivated profile.
LIABILITY OF INTERMEDIARIES
08/04
Representatives of various sector presented a letter to the Senate outlining their demands in the regulation of Artificial Intelligence. On April 08.04th, groups representing various cultural, audiovisual, publishing, and journalistic sectors submitted a letter to the Brazilian Federal Senate defending the copyright of their members against the advance of generative artificial intelligence (AI). In the letter, the proponents suggested changes to Bill No. 2.338/2023, which aims to regulate AI at the national level, to ensure that generative AI companies compensate creators when using their works and texts to train their models. Among the suggested changes and additions in the bill, the organizations request that their members be able to: i) give their consent for the use of their content for AI training; ii) control the outcomes of AI training to prevent risks to moral rights and lack of transparency “while preserving moral rights and understanding of the results”; iii) receive compensation that recognizes the value of their creations. The organizations justify their demands in a scenario where generative AI companies, «in the data mining process for AI development», make "massive use of works and productions protected by intellectual property without prior authorization.".
ARTIFICIAL INTELLIGENCE
A bill aims to compel providers to remove advertising content with images and voices manipulated by artificial intelligence. On April 08.04th, Federal Deputy Emanuel Pinheiro Neto (MDB/MT) introduced Bill No. 1.119/2024 which seeks to amend the Internet Civil Framework (MCI) to obligate Internet application providers to remove advertising content disseminated through their platforms that use images or voices manipulated by AI. The initiative adds this obligation to Article 21-A of the MCI. In the other provisions of Article 21-A, the bill regulates the requirements for notifications and the responsibilities of the provider, such as the availability of «an easily accessible electronic communication channel that allows the user to submit the notification.« Finally, it establishes the provider's subsidiary liability for damages arising from the content transmitted on its platforms. In his justification, the bill analyzes the impacts and challenges of artificial intelligence on the effectiveness of fundamental rights and highlights the increasing use of deepfake techniques and content in the advertising market.
ARTIFICIAL INTELLIGENCE
A bill seeks to prohibit state regulation of social media. On April 08.04th/XNUMX, Federal Deputy Coronel Chrisóstomo (PL/RO) proposed Bill No. 1.109/2024, which "prohibits state regulation of social media«. The bill establishes that: "the manifestation of thought, creation, expression, and information, in any form, process or medium, shall not suffer any restrictions, in accordance with the provisions of this Constitution, with state regulation of social media being prohibited«. In his justification, Chrisóstomo argues that regulation poses a threat to freedom of expression and the open debate of ideas, and hinders innovation and technological development.
FREEDOM OF EXPRESSION
09/04
Minister Alexandre de Moraes made another decision regarding X Brazil. Representatives of the former Twitter in Brazil requested that Moraes' decisions be addressed directly to X Corp., responsible for the management and administration of the platform internationally.. According to the request, X Brazil Internet Ltda. has no relationship with the operational and management part of the social media platform, and is limited only to "marketing, monetization, and promotion of the Twitter information network, as well as the dissemination of advertising materials on the internet and other related services and businesses."The minister rejected the request, arguing that the company seeks to exempt itself from liability. Moraes pointed out that the Brazilian representative "constitutes an indispensable link for the social media, developed abroad, to adequately achieve its purposes in Brazil," denying the company's request.
LIABILITY OF INTERMEDIARIES
16/04
Minister Alexandre de Moraes authorizes testimonies from social media representatives in Brazil. On April 16.04nd, Justice Alexandre de Moraes, of the Federal Supreme Court (STF), authorized the testimonies of representatives from the social media platform X in Brazil. The request for testimonies, submitted by the Attorney General's Office (PGR) on April 09.04/XNUMX, was made within the framework of Inquiry 4.957/DF, which investigates the actions of Elon Musk, CEO of X, for possible obstruction of justice and involvement in a criminal organization. The Inquiry was initiated on April 08.04/XNUMX, after the minister ordered the investigation of Elon Musk. Specifically, the businessman, on his X profile, accused Moraes of censorship and threatened not to comply with court orders to suspend user accounts on the social network. According to the PGR, the purpose of the testimonies from company representatives is to understand: i) whether Elon Musk, as provided for in the bylaws, has the authority to spontaneously determine the publication of posts on the social media site, "and whether he effectively did so in relation to profiles prohibited by an ongoing Brazilian court order"; ii) whether On 09.04, Moraes rejected the request of representatives of the former Twitter in Brazil for decisions to be directed directly to X Corp., responsible for the management and administration of the platform internationally.
LIABILITY OF INTERMEDIARIES FREEDOM OF EXPRESSION
11/04
Chile will host the important international conference on freedom of expression from May 02nd to 04th as part of World Press Freedom Day in 2024. Some of the discussions that will tae place relate to the UNESCO report on attacks against environmental journalists, digital environments, global journalism and topics such as fake news, disinformation, and other matters of interest.
FREEDOM OF EXPRESSION
03/04
On April 3rd, a bill of law was introduced in the House of Representatives aiming to amend Law 1909 of 2018, with the objective of balancing access to media in the face of presidential addresses. The proposed amendment would allow political organizations declared in opposition to challenge the Government's position within 48 hours following the address, using the same media outlets, with equal time, schedule, and spaces.
FREEDOM OF EXPRESSION
14/04
On April 14th, journalist Jaime Vásquez was murdered in the city of Cúcuta (Norte de Santander). Vásquez was known for reporting on matters of public interest in the region through his social media accounts, where he had tens of thousands of followers and conducted weekly live broadcasts. According to Fundación para la Libertad de Prensa (FLIP)in recent months, Vásquez had been reporting on irregularities in contracting issues. FLIP also stated that several local journalists have expressed they will not continue their own investigations into the topics that Vásquez was working on, out of fear of possible reprisals.
VIOLENCE AGAINST JOURNALISTS/ Span>
15/04
Between April 15th and 19th, the Inter-American Commission on Human Rights (IACHR) and its Office of the Special Rapporteur for Freedom of Expression (RELE) conducted a visit to Colombia with the objective of observing the impact of various forms of violence on the human rights situation in the country, including the situation of the press. This was the first on-site visit by the IACHR since 2012. Among other findings, the IACHR drew attention to the situation of journalists in regions of the country where conflict persists, leading to violence against the press and self-censorship. Additionally, the IACHR denounced the hostility towards the press by officials at national, departmental and local levels.
FREEDOM OF EXPRESSION
28/03
In the Case Viteri Ungaretti y otros Vs. Ecuador, the Inter-American Court of Human Rights notified the ruling declaring the State of Ecuador is internationally liable for the sanctions imposed on Julio Rogelio Viteri Ungaretti as a result of his complaints about alleged acts of corruption in the Armed Forces. The Court concluded that the State violated the rights to freedom of thought and expression, the right to personal liberty not to be subjected to arbitrary detention, and to challenge the legality of his detention before a judge. In addition, it established that Viteri's right to job stability was violated and concluded that various rights were violated for his family.
VIOLENCE AGAINST JOURNALISTS FREEDOM OF THE PRESS
01/04
R3D reports that the Supreme Court of Justice of the Nation is about to resolve the unconstitutionality action 217/2020 and its consolidated case 249/2020 which concern the reform carried out in 2020 to the Federal Copyright Law and the Federal Penal Code. The unconstitutionality actions argue that the reforms are contrary to the right to freedom of expression by establishing an extrajudicial mechanism of prior censorship (notice and takedown).
FREEDOM OF EXPRESSION
02/04
Article 19 condemned the assault on journalist Humberto Padgett in Celaya, Guanajuato by the ministerial police of the General Prosecutor's Office of the State of Guanajuato. The incident occurred while the journalist was covering the murder of the MORENA candidate for mayor of Celaya. Therefore, Article 19 demands that various authorities investigate the assaults and issue protection measures for the journalist.
VIOLENCE AGAINST JOURNALISTS
11/04
Various civil society organizations and collectives publicly denounced the attacks against journalist Camelia Muñoz by the Mayor of Torreón. The incidents occurred during the Solar Eclipse sighting on April 8th at Bosque Urbano Oriente, where the Mayor and the journalist coincided. The journalist asked about observations made by an audit on the Mayor during the event. The organizations demanded that journalistic work be respected, and urged various state and municipal authorities to condemn and investigate the aggressions.
VIOLENCE AGAINST JOURNALISTS
13/04
Senator Ruth Alejandra López Hernández from the Movimiento Ciudadano partypromoted an initiative to reform theFederal Civil and Criminal Codes, as well the Federal Law to Prevent and Eliminate tpublic incitement to commit genocide or acts that threaten the life and integrity of a person or community.
APOLOGY
31/03
Thetelevision channel Willax TVaccused, in the show “Contracorriente,” the Association of Journalists of Peru (CPP) of having two executives related to the terrorist group Sendero Luminoso. According to the report, Carlos Infante Yupanqui, vice dean of the CPP, was imprisoned for two years for participating in a terrorist attack, while Dora Tito Quispe, National Director of Professional and Academic Activities of the CPP, is included in the lists of Movadef, a political organization that supports the senderista ideology. Given the serious accusations, on April 2nd, theCPP National Court of Honordecided to suspend both directors from their positions while the investigations last, as well as grant a rebutal period to former dean Max Obregón, who would have been responsible for inviting both journalists to join the CPP.
VIOLENCE AGAINST JOURNALISTS FREEDOM OF EXPRESSION
24/03
Prosecutor Alcides Chinchay opened a preliminary investigation against Gustavo Gorriti, director of the media outlet IDL Reporteros, and prosecutors from the Lava Jato Special Team, accusing them of specific active bribery. The thesis of the investigation is that the prosecutors may have received media support in exchange for providing journalist Gorriti with confidential information about criminal corruption proceedings. The tax requirement also contemplates the possibility of requesting the lifting of the secrecy of the journalist's communications. The Press and Society Institute (IPYS) rejected the measure as a threat to the constitutional right to protect journalistic sources and freedom of expression, arguing that the press's access to information of public interest should not be criminalized. For its part, the Peruvian Press Council (CPP) expressed its concern about the possible lifting of the secrecy of the journalist's communications, because it would constitute a violation of the constitutional right to protect the sources of information handled by the press.
VIOLENCE AGAINST JOURNALISTS FREEDOM OF THE PRESS
02/04
The political party Acción Popular presented bill No. 07437/2023-CR, incorporating two subparagraphs to the “Law on Contracts with the State” to establish a prohibition on active journalists, their relatives up to the second degree of consanguinity or affinity, as well as the legal entities in which they may be involved, from contracting with the State. In response, IPYS described the proposal as discriminatory against journalists' relatives regarding their right to work and as restrictive for freedom of expression by severely discouraging journalistic work.
FREEDOM OF EXPRESSION FREEDOM OF THE PRESS
11/04
Specialized Cybercrime Prosecutor's Officereported that Mrs. Janet Zevallos Salazar was sentenced to two years and six months of suspended imprisonment for the crime against public faith in the form of identity theft, after creating a profile with false information on the social media platform Facebook. The injured party would receive civil compensation for the unauthorized use of her name and personal photographs.
IDENTITY
17/04
The political party Peru Bicentenario presented bill No. 7603/2023-CR to repeal Legislative Decree No. 1589, which amended the Penal Code by establishing harsher penalties for crimes associated with social protest (such as the crime of riots, crime of hindering the operation of public services, etc.). According to the bill, the current penalties are disproportionate and pose a threat to the right to freedom of expression and an obstruction to the exercise of protest.
FREEDOM OF EXPRESSION
