CELE Legislative Observatory

News of legislative and regulatory activity, judicial and administrative decisions

ARGENTINA CHILE PERU BRASIL ECUADOR COLOMBIA GUATEMALA MEXICO

Number of LATAM projects between January 2024 and November 2024

COUNTRIES PROJECTS
ARGENTINA 10
BRAZIL 14
CHILE 4
COLOMBIA 2
ECUADOR 1
GUATEMALA 1
MEXICO 13
PARAGUAY
PERU 12

Topics of bills introduced between January 2024 and November 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 bills introduced between January 2024 and November 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%

Argentina

26/12

Deputies Esteban Paulón and Monica Fein presented the Bill No. 7479-D-2024 The bill seeks to declare the nullity of Decree 1112/2024 on the National Defense System. The project argues that the decree, by expanding the scope of action of the Armed Forces "regardless of the place of occurrence" and under justification of threats such as "artificial intelligence" and "unmanned systems", could enable military interventions in civilian spaces that would affect fundamental rights. In this sense, the decree would allow the declaration of "military zones" within the country under the control of the Armed Forces, which could restrict journalistic coverage and the free flow of information in these areas. Therefore, the project seeks to preserve the clear separation between national defense and internal security.

MILITARIZATION RESTRICTED AREAS

23/12

Deputies Varinia Lis Marín and Ariel Rauschenberger presented the Bill No. 7463-D-2024The bill modifies Article 8 of Law 24240 on Consumer Protection, establishing the obligation to include a visible warning in all advertising that contains images of digitally modified or retouched people. The initiative seeks to protect consumers through transparency in advertising and prevent the negative effects of unrealistic beauty standards on mental health, especially in young people and women. 

ADVERTISING ADVERTISING TRANSPARENCY CONSUMER PROTECTION

19/12

Deputy Juan Manuel Lopez presented the Bill No. 7444-D-2024 whose purpose is to regulate the activity of providers who offer services through digital platforms, as well as to delimit their rights and obligations.  

DIGITAL PLATFORMS

16/12

Senator Sergio Napoleon Leavy presented the Bill No. 2405/24 to create the Permanent Bicameral Commission for the Strategic and Comprehensive Regulation of Artificial Intelligence (AI) within the scope of the National Congress. The project establishes the creation of a commission composed of 10 senators and 10 deputies, which will have a Transdisciplinary Body of Advisors. According to what is stipulated in the project, the Commission will have the objective of studying and analyzing national and international experiences in the regulation of AI to develop legislative proposals that establish a regulatory framework that protects human rights, privacy and the security of citizens.

ARTIFICIAL INTELLIGENCE TECHNOLOGICAL REGULATION

10/12

The “ was presentedReport on Freedom of Expression in Argentina 2024", jointly prepared by the Communication Sciences Department of the University of Buenos Aires (UBA), the Argentine Federation of Press Workers (FATPREN) and the Buenos Aires Press Union (SiPreBA). 

FREEDOM OF EXPRESSION

06/12

Deputy Pamela Calletti presented the Bill No. 7309-D-2024, which creates an Integrated Aerospace Surveillance and Control Radar System in the border areas of northern Argentina. This project aims to strengthen national security and sovereignty by installing radars to prevent illegal activities such as drug trafficking, smuggling and human trafficking. 

SECURITY TECHNOLOGY BORDERS

04/12

Deputy Pamela Calletti presented the Bill No. 7268-D-2024, which aims to regulate the activity of influencers on digital platforms, establishing rights and obligations for those who generate content and promote products or services. This regulation seeks to guarantee transparency in digital advertising, prohibiting misleading and abusive practices, and establishing the responsibility of companies that hire influencers. In addition, a regulatory framework is contemplated that protects consumers and users from covert advertising messages. 

ADVERTISING CONSUMER PROTECTION

02/12

Deputy Eugenia Alianiello presented the Bill No. 7225-D-2024, which proposes modifying the Argentine Criminal Code to criminalize the creation, distribution and possession of content classified as “pornographic deepfake”, as well as the production and dissemination of images of minors engaged in explicit sexual activities. This initiative seeks to offer legal tools to combat digital violence and protect the rights of people, particularly children and adolescents, in the face of the growing threat of the manipulation of audiovisual content with artificial intelligence tools.

CHILD PROTECTION ARTIFICIAL INTELLIGENCE

18/12

Senator Bianchi presented the Bill No. 17308 13-, which seeks to prohibit advertising by Pension Fund Administrators in the media, especially in contexts of political contingency. This project is based on the need to protect the integrity of the pension system and prevent the manipulation of the editorial line of the media through advertising financing.

ADVERTISING

17/12

Senator Bianchi presented the Bill No. 17307-07, which seeks to modify the Criminal Code to criminalize the generation and dissemination of images or facts of a private or intimate nature created with artificial intelligence tools, such as “deepfake”. It also establishes severe sanctions for those who use these technologies without the consent of those affected, thus seeking to protect victims of digital attacks and guarantee a safer environment on digital platforms.

PROTECTION OF MINORS DIGITAL PLATFORMS ARTIFICIAL INTELLIGENCE

13/12

It was published Law No. 21.719, which regulates the protection and processing of personal data and creates the Personal Data Protection Agency. This regulation introduces the principles of legality, security, and transparency in the processing of data, recognizes rights such as access, rectification, deletion and portability, and defines standards for the protection of sensitive data. Its implementation will be supervised by the new agency, which will also manage a National Registry of Sanctions and Compliance.

DATA PROTECTION PRIVACY

04/12

Deputy Tomás Ignacio Lagomarsino presented a Bill to amend Law No. 20.370, thus seeking to eliminate age limits for entry into special education for people with visual or hearing disabilities.

ACCESS TO EDUCATION INCLUSION

18/12

Assemblywoman Pierina Correa Delgado presented the Bill No. AN-CDPS-2024-0095-MThe project aims to regulate and protect the relationship between digital platform workers and the companies that provide these services. It also establishes rights and obligations for both parties and guarantees the right to digital disconnection.

DIGITAL PLATFORMS LABOR PROTECTION

09/12

The government destroyed genetic samples of prisoners who were illegally taken as part of a prison census. The move came after an investigation revealed that the government was creating a database of genetic profiles of prisoners without their consent, raising concerns about human rights and privacy violations.

NATIONAL SECURITY ACCESS TO INFORMATION

11/12

It was presented before the Senate on Bill No. 171141 which seeks to declare Internet access as a human right and create conditions to eliminate the digital divide in the country. It also establishes the Ministry of Technology, Information and Communication (MITIC) as the implementing authority, and proposes a National Connectivity Plan to universalize Internet access.

DIGITAL DIVIDE ACCESS TO INFORMATION

05/12

Deputy Jorge Mario Villagrán Álvarez presented the initiative of Law No. 6464, which seeks to approve the Law on the Protection of Personal Data and Guarantee of Digital Rights. The proposal thus establishes a regulatory framework for the processing of personal data, guaranteeing fundamental rights such as access, rectification, deletion, portability, and the right to be forgotten. It also proposes the creation of the Personal Data Protection Directorate as the governing body. 

DATA PROTECTION DIGITAL RIGHTS PRIVACY

24/12

It was published in the Official Journal of the Federation the reform to the Federal Labor Law to establish a special labor regime for workers who are employed under the modality of digital platforms. In the process of legislative reform, R3D The Commission warned of some aspects to improve in the regulation, including: (i) Presentation of impact assessments for automated systems used by digital platforms; (ii) Procedures for review and qualified human supervision of automated decisions; (iii) Periodic evaluations of automated systems by trained and impartial persons; (iv) Obligation to inform workers about the results of these evaluations; (v) Actions in case the evaluated systems represent a risk or have violated the rights of workers. This includes modifying the system or suspending its use, with the possibility of requiring a review of the same; (vi) Obligation that all decisions related to suspensions or termination of the employment relationship be made by a person and not by a system; (vii) Evaluations of the risks that automated systems may represent for the safety and health of workers. This implies taking the necessary actions to prevent accidents at work and protect mental health; (viii) Guarantee access to dispute resolution, reparation and compensation mechanisms. It also involves putting in place measures to protect people from unfavourable treatment.

DIGITAL PLATFORMS

20/12

The constitutional reform on the subject of the Constitution was published in the Official Gazette of the Federation. organic simplification, in which the National Institute of Transparency, Access to Information and Protection of Personal Data, the Federal Economic Competition Commission, and the Federal Telecommunications Institute are eliminated as constitutional autonomous bodies.

DATA PROTECTION TELECOMMUNICATIONS

12/12

The Senate of the Republic approved a reform to the General Law on the Rights of Girls, Boys and Adolescents with the aim of promoting policies for the prevention, protection, attention and punishment of cyberbullying and all forms of violence that cause harm to the privacy of this sector of the population, as well as any other form that causes harm to their privacy, security and dignity, through the use of information and communication technologies.

CYBERSECURITY PROTECTION OF MINORS

11/12

El Seventh Collegiate Court on Administrative Matters of the First Circuit The National Human Rights Commission's decision to erase information to the point of making more than 2,543 recommendations issued between 1990 and 2015 unreadable violates the right to truth and access to information of victims and society. This decision was applauded by the organization Article 19.

ACCESS TO INFORMATION

10/12

The Culture and Science, Humanities, Technology and Innovation Committees of the Senate In a meeting with representatives of the recording industry, they discussed regulating the use of artificial intelligence and new tools to combat digital piracy and unfair competition.

ARTIFICIAL INTELLIGENCE

23/12

La National Association of Journalists of Peru (ANP) The ANP denounced that journalistic teams from the television channels Latina, Canal N and RPP were held behind bars during an official activity of President Dina Boluarte in Villa María del Triunfo. This action, which occurred during the inauguration of the Nuevo Progreso Police Station, is added to other similar incidents recorded during public activities of the Presidency. The ANP rejected this repeated mistreatment of journalists and a method to restrict their work.

FREEDOM OF EXPRESSION PRESS

16/12

El Institute of Press and Society (IPYS) reported that the Constitutional Court (TC) ordered the Presidency of the Republic to respond to the recommendations of the Ombudsman's Office to guarantee the work of the press. In its ruling on the Competence Process (File No. 00001-2022-PCC/TC), published on December 5, the TC established that, although the Ombudsman's recommendations are not binding, the silence of the Presidency constitutes an undermining of its constitutional powers. These recommendations include signing the Declaration of Chapultepec, training presidential security personnel on journalistic work, avoiding obstacles to the media at official events, and granting interviews to guarantee the right to information. IPYS highlighted the relevance of this decision, which reinforces the role of the Ombudsman's Office in defending freedom of expression, especially in the face of hostility towards the press that persists under the management of Dina Boluarte.

FREEDOM OF EXPRESSION FREEDOM OF THE PRESS

12/12

El Institute of Press and Society (IPYS) and National Association of Journalists of Peru (ANP) IPYS reported that journalists from the Semanario Expresión in Chiclayo denounced the request of the Superior Court of Justice of Lambayeque to reveal their confidential sources. A letter dated December 3, signed by Judge Luzetty Elizabeth García Acuña, demanded that the media provide the names of its sources under threat of referring the case to the Public Prosecutor's Office for "disobedience to authority." The journalists rejected the request, invoking the confidentiality of journalistic sources. IPYS condemned this request and supported the decision of the weekly to protect the confidentiality of its sources, reaffirming the importance of this principle for the exercise of journalism.

FREEDOM OF EXPRESSION FREEDOM OF THE PRESS

12/12

La National Association of Journalists of Peru (ANP) The ANP criticized the recent address to the nation by President Dina Boluarte, who described the journalistic revelations against her as “media legends” and accused a sector of the press of being “petty.” Boluarte once again stigmatized the work of the media, accusing them of irresponsibility and pointing out that their reports generate “stories” and unsubstantiated fiscal files. The ANP recalled that this speech contravenes the duty of transparency inherent to her position.

PRESS

06/12

On December 6, 2024, the National Association of Journalists of Peru (ANP) The ANP reported that during the two years of Peruvian President Dina Boluarte's administration, from December 7, 2022 to December 7, 2024, 740 attacks against the press were recorded, with an average of one incident per day. These attacks include threats, harassment, cyberattacks, judicial pressure and restrictions on access to information, with public officials responsible for 29% of the cases, with 44 incidents attributed directly to the Executive Branch, including actions and comments by Boluarte and other senior officials such as Minister Juan José Santiváñez. The ANP warns that this hostile environment, aggravated by the active participation of officials and security agents in the attacks, constitutes a serious violation of press freedom and human rights in the country.

FREEDOM OF THE PRESS