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 bills of law between August 2021 and February 2024

COUNTRIES PROJECTS
ARGENTINA 7
BRAZIL 28
CHILE 3
COLOMBIA 14
ECUADOR 2
GUATEMALA -
MEXICO 13
PARAGUAY 2
PERU 2

Topics of the bills presented between August 2021 and February 2024

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 of the bills presented between August 2021 and February 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%

29/01

Activist Pierina Nochetti was criminally charged with “aggravated damages” for allegedly painting graffiti in protest against the disappearance of a transgender youth in the city of Necochea, Argentina. The oral trial is scheduled for March 06, where a sentence of up to four years in prison is being considered. In response to the case, Amnesty International stated that the charges appear to be an unnecessary and disproportionate restriction on the right to freedom of expression and the authorities should withdraw it.

FREEDOM OF EXPRESSION

27/02

Javier Milei will take administrative measures to prohibit the use of inclusive language in public institutions and official documents. This was confirmed by Adorni as government spokesperson, who stated that inclusive language has not yet been recognized by the RAE and therefore they do not want to be part of the discussion. He also expressed that for the government “the gender-centered perspective has also been co-opted in politics”. This decision aligns with the far-right ideological stance against equality policies, as they consider them “indoctrination” of “cultural Marxism” that they intend to combat. 

FREEDOM OF EXPRESSION GENDER

02/02

Judge condemns pastor for inciting violence against children on TikTok. A judge from the São Paulo Court of Justice (TJSP) sentenced Pastor Leandro Rafael Cezar, of the Resgatar Church in the city of Pindamonhangaba (SP), for inciting violence against children in his religious speeches on social media. During a worship service, the pastor defended the use of violence to punish and discipline children, encouraging the use of force to make the child feel pain. The pastor claimed to have removed the video from social media upon receiving notification from the Public Ministry, but did not publish any retraction because, according to him, he was not asked to do so. Judge Guilherme Cursino de Moura Santos, of the Civil Special Court of Pindamonhangaba, concluded that the pastor publicly incited the practice of child abuse, aggravated by being a highly influential figure for the people who attend his church. Furthermore, by disseminating his speeches on short video platforms, the levels of influence and dissemination of his narratives would increase.. The pastor was sentenced to four months of open regime imprisonment, substituted by a restrictive penalty of rights, and ordered to pay R$ 4 in compensation for collective moral damages, which will be allocated to the Municipal Fund for the Rights of Children and Adolescents of Pindamonhangaba.

HATE SPEECH CONTENT MODERATION

05/02 

These bills address the issue of the spread of false information and its potential for harm to physical and mental health. Bills No. 17/2024, No. 18/2023, No. 67/2024 and No. 92/2024were introduced, they generally criminalize the practice of inducing suicide or self-mutilation through the dissemination of false information, they also propose models of liability and sanction for digital platforms and websites that produce, share or host such content. 

The bills address the harmful potential, both psychologically and physically, of the spread of false information, and their justifications cite as an example the case of a young woman who received attacks online after gossip profiles spread fake screenshots of a conversation between her and the Brazilian comedian Whindersson Nunes. After the incident, the young woman committed suicide, and it is believed that these attacks may have contributed to it. Specifically, Bill no. 17/2024, presented by deputy Pedro Aihara (Patriota/MG), adds provisions to article 122 of the Penal Code (Decree-Law No. 2848/1940) that criminalize the inducement or instigation to suicide or self-harm by sharing false information, with aggravating circumstances if this dissemination is done with the objective of obtaining financial gain. It also establishes the joint liability for all involved in the production, dissemination, promotion and sharing of such information. Bill no. 92/2024, proposed by deputy Célio Studart (PSD/EC), also amends Article 122 of the Penal Code, doubling the penalty if the instigation is done through the dissemination of false information on websites, and it also establishes sanctions for the legal entity responsible for the sharing, such as demonetization. 

Bill no. 17/2024, proposed by deputy Pedro Aihara (Patriota/MG), includes provisions that establish a 24-hour deadline for digital platforms, websites and media outlets to remove «false content that causes harm to the mental health or physical integrity of others» after receiving extrajudicial notification. If the sharing of this information results in self-harm or suicide, these platforms may be fined, have their advertising contracts with government entities suspended, andbe prohibited from disseminating advertising content. Finally,elBill no. 17/2024, presented by Representative Ely Santos (Republic/SP), prohibits sharing conversations that occur through applications without the authorization of the senders and receivers.

FREEDOM OF EXPRESSION AINDUCTION TO SUICIDE

The bill seeks to ban anonymity on the Internet. El Deputy Alberto Fraga (PL/DF) introduced bill no. 53/2024, which amends the Internet Civil Rights Framework (Law No. 12.965/2014) with the objective of prohibiting anonymity on the internet. The bill adds to the Internet Civil Rights Framework the principle of "continuous pursuit of trust in the network and its use" and modifies the principle of "guarantee of freedom of expression, communication, and manifestation of thought", established in article 3, I, by adding the prohibition of anonymity. It also creates two new principles: traceability of published content, which would be carried out using metadata such as origin and date; and the «integrity of systems available for general use«, with the goal of ensuring data availability and system security. In his justification, the deputy argues that these mechanisms would prevent the misuse of anonymity, ensuring transparency, user security, system integrity, and trust in the network, while also preserving freedom of expression.

FREEDOM OF EXPRESSION PRIVACY

15/02

These companies are condemned for unjust suspension of accounts. The 18th Civil Chamber of the Court of Justice of Minas Gerais (TJMG) confirmed a decision condemning e-commerce companies for improper suspension of an account. According to the TJMG communication portal, e-commerce companies suspended the account of a freelancer who was selling on websites, and also blocked the person's remaining balance. The companies claimed that the account suspension occurred because the seller had more than one account linked to their email, which violated the companies' policies. Nevertheless, they were sentenced by the 1st Civil Chamber of Timóteo District to compensate the user with R$5.000,00 and unlock the balance of R$ 15.835,01 left in the seller's account. 

The companies filed an appeal with the appellate court, but the decision was upheld. According to the judge of the case, Judge Marcelo de Oliveira Milagres, although there was the possibility o suspend the account and retain funds due to breach of contract by the seller, the companies had not proven the violation, presenting illegible screenshots as evidence. Therefore, the justice - followed by the other magistrates - sustained the compensation and the unblocking of the funds in favor of the user.

CONTENT MODERATION

07/02

The Government launched the National Digital Strategy (END). According to the Government's plan, the END aims to close digital gaps in access and adoption of digital technologies in Colombia. Among other things, the plan includes actions such as the 5G auction and the promotion of digital skills to thousands of people throughout the day. 

REGULATION OF TECHNOLOGIES

09/02

The Colombian government acknowledged its responsibility in the assassination of Guillermo Cano Isaza, the renowned former director of the newspaper El Espectador, who was killed in December 1986 by drug lord Pablo Escobar. During the acknowledgment event, the State accepted that it failed to fulfill its obligation to guarantee Cano's life and that it neglected its duty to investigate, prosecute, and sanction those responsible, as well as to protect the victims and their families.

VIOLENCE AGAINST JOURNALISTS FREEDOM OF THE PRESS

20/02

Inter-American Commission on Human Rights (IACHR) concluded its follow-up visit regarding the precautionary measure of José Rubén Zamora Marroquín. The visiting team traveled to the Mariscal Zavala barracks prison to meet, listen to, and engage in dialogue with Mr. Zamora Marroquín about the current conditions of his detention, within the framework of the precautionary measure. Rubén is a journalist and founder of El Periódico de Guatemala sentenced to 6 years in prison for alleged money laundering. The IACHR recalls that his detention occurred amidst attacks on judicial independence identified in the IACHR Annual Reports of 2021 and 2022. This scenario impacts the right to freedom of expression and creates a climate of censorship in the country. 

VIOLENCE AGAINST JOURNALISTS

26/01

The Organization Article 19 condemned the judicial harassment against journalist Jonathann Estrada, by the husband of the current governor of Quintana Roo, due to the defamation lawsuit filed against the journalist.

FREEDOM OF THE PRESS

29/01

On January 29, 2024, the organization Article 19 and the Stanford Law School Rule of Law Impact Lab submitted a brief on January 12, 2024, as amicus curiae before the Supreme Court of Justice of the Nation (SCJN), in relation to Amparo 8/2023 involving a lawsuit brought by lawyer Ulrich Richter Morales against Google for defamation. In this intervention, it was argued that the ruling by the Eighth Civil Chamber contradicts international standards on freedom of expression. 

On January 28, 2024, Ulrich Richter Morales raised questions in El Universal about the integrity of the organization for receiving funds from Google and participating in litigation involving this company. Two days later, the Director of Article 19 for Mexico and Central America published a column in the same newspaper (El Universal) explaining that the trial in which the organization is involved pertains to the Federal Copyright Law, addressing concerns about strict censorship controls, whereas Ulrich Richter Morales's case against Google deals with intermediary liability, which is a separate matter. 

On February 4, 2024 Ulrich Richter Morales responded by questioning the impartiality of the organization in matters involving Google in litigation and provided information about his own case, where he mentioned seeking accountability from said company. It is noteworthy that on January 29 and 30, 2024, columnists from the newspapers La Prensa and La Gran Noticia highlighted that Ulrich Richter Morales filed criminal complaints against the organization Article 19 for their participation asamicus curiae in cases involving the company Google.

LIABILITY OF INTERMEDIARIES CONTENT MODERATION FREEDOM OF EXPRESSION

01/02

The organization Article 19 reminds us that public officials are subject to a higher threshold of tolerance for speeches that are critical and even uncomfortable.

FREEDOM OF EXPRESSION 

06/02

The organizations Article 19, R3D, Social Tic and the PRODH Center reported that the Supreme Court of Justice of the Nation (SCJN) decided by a majority of 9 votes against 2, that the Financial Intelligence Unit must disclose publicly the information it has on the Pegasus case. The SCJN deemed the withholding of information for national security reasons unfounded and upheld the resolution of the National Institute of Transparency and Access to Information and Protection of Personal Data.

PRIVACY

07/02

More than 100 organizations and 850 individuals have expressed concern about one of the proposed constitutional reform presented by the Federal Executive aimed at abolishing the National Institute of Transparency and Access to Information and Protection of Personal Data (INAI). The INAI, for its part, highlights that the proposal to abolish it is a major setback linked to an attempt to render it inoperative by not appointing the other members of the plenary, and underscores that there are record-high levels of requests for information being processed.

ACCESS TO INFORMATION 

12/02

The organizations Article 19 and Communication and Information of Women AC (CIMAC) condemn the violence against the independent journalist Yolanda Caballero Jacobo, in Tijuana, Baja California. The attacks against the journalist occurred in the context of an article highlighting failures in the administration of Mayor Montserrat Caballero Ramírez. The journalist has received messages from the Mayor questioning her professional integrity and there has also been an incident with the journalist's vehicle catching on fire. 

The organizations highlight that the authorities downplayed the journalist's vehicle fire by treating it as a property damage issue rather than an attack against the journalist. Therefore, Article 19 and CIMAC urged that the Mayor refrain from direct communication and cease stigmatizing messages against her; urged the Government of Baja California to condemn the actions against the journalist; urged the Baja California General Prosecutor's Office to conduct investigations according to the Standardized Protocol for Crimes Against Freedom of Expression, and to the Mechanism for the Protection of Journalists to continue providing protection to the journalist and her family.

FREEDOM OF THE PRESS

14/02

Through Senate Communications864and869, Senator Ruth Alejandra López Hernández and Senator Alejandro Armenta announced that there are initiatives to reform the Law on Access to a Life Free of Violence for Women and the Federal Penal Code to punish digital sexual violence.

FREEDOM OF EXPRESSION GENDER VIOLENCE

The Senate reported through Communication 859 that Senator Sergio Pérez Flores from the Morena party presented an initiative called the Federal Cybersecurity Law.

CYBERSECURITY

The Senate reported through Communication 865 that Senator Alejandra Lagunes Soto Ruiz will promote the creation of a National Digital Agency.

FREEDOM OF EXPRESSION

19/02

The organization Article 19 and the Collective for Freedom of Expression in Guanajuatourged the University of Guanajuato to refrain from limiting press access through a single list and requiring media outlets to provide the names and details of journalists and communicators who would cover their events, including sending their information and photographs. These organizations also requested that the University of Guanajuato justify, where appropriate, why it would be necessary to retain journalists' information under the General Law on the Protection of Personal Data.

FREEDOM OF EXPRESSION FREEDOM OF THE PRESS

23/02

The Organization Article 19 condemned the dissemination by the President of Mexico of the telephone number of the New York Times correspondent in Mexico, Natalie Kitroeff. They also expressed concern about the justification given by the president for taking such action. This government action stems from the announcement of an upcoming article that reportedly discusses organized crime involvement with individuals close to the current President of Mexico. In response, the National Institute of Transparency, Access to Information and Protection of Personal Data reported that they have initiated an investigation ex officio to determine if there was a breach of the obligation to protect personal data.

PERSONAL DETAILS PRIVACY

30/01

The National Police of Peruissued an official statement announcing legal actions against the newspaper “La República” and those responsible for the publication of a cartoon that, according to the institution, ridicules the police image. The cartoon, titled “Learn to tell them apart (don't get confused)”,depicts three police officers, classifying two of them as "criminals," which appears to criticize certain behaviors or conduct within the police institution. In response, theInstituto de Prensa y Sociedad [Press and Society Institute (IPYS) denounced that this statement represents a threat to freedom of expression, since political satire is a legitimate means to comment on and criticize matters of public interest, including the functioning of public institutions. 

FREEDOM OF EXPRESSION DEFAMATION

31/01

The parliamentary group “Unidad y Diálogo Parlamentario” presented to Congress the bill No. 6927/2023-CR: “Law that mandates the use of artificial intelligence in public entities.” The bill aims to establish the obligation for public entities to implement and use artificial intelligence tools to enhance the effectiveness of public services. According to the initiative, the Presidency of the Council of Ministers, through the Secretariat of Government and Digital Transformation, would provide technical and training assistance to public entities to implement this tool. 

ARTIFICIAL INTELLIGENCE

15/02

Former Special Rapporteurs on Freedom of Expression of the IACHR issued a statement condemning the smear campaigns against independent journalism in Peru, specifically targeting journalist Gustavo Gorriti of IDL-Reporteros. This organization is known for conducting impactful investigations into various corruption cases in Peru such as “Lava Jato” and “Cócteles.” In addition to the former Special Rapporteurs, the Instituto de Prensa y Sociedad [Press and Society Institute (IPYS) , OjoPúblico, Centro Latinamericano de Investigación Periodística and other media outlets and institutions have denounced that IDL and its director are being subjected to intimidation, defamation and criminalization of their investigative work. 

FREEDOM OF THE PRESS