
Number of LATAM bills of law between August 2021 and March 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 March 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 March 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% |
13/03
The Public Prosecutor's Office of Buenos Aires sentenced an influencer— a follower of the libertarian movement—for issuing speeches against the Transgender community on his social media platforms. The prosecution stressed that the abuse of the right to freedom of expression cannot be tolerated when it is used to promote discrimination and dehumanization of any individual or social group.
FREEDOM OF EXPRESSION HATE SPEECH
18/03
Germán Malkiewiez, the 27-year-old who was detained for making an obscene gesture at Governor Gildo Insfrán on the street, was released this Monday night by order of the head of the Criminal and Correctional Court No. 6, Guillermo Caballero. The judge imposed on Malkiewiez a series of prohibitions, including “making statements through any means of communication and any demonstration or attitude” against the Governor or his family.
FREEDOM OF EXPRESSION HARASSMENT
19/03
FOPEA shows the data from its registry of attacks on freedom of expression where it was found that 4 out of every 10 attacks on the press involved President Javier Milei or his ministers. The study showed that Milei frequently discredits, insults, accuses and verbally attacks journalists and media outlets in his offline and online speeches or in the interviews he gives.
FREEDOM OF EXPRESSION FREEDOM OF THE PRESS
01/03
The TSE publishes resolutions for the 2024 elections and modifies provisions on electoral disinformation and platform liability. The Superior Electoral Court (TSE) published twelve resolutions, approved on February 27.02 /XNUMX, establishing rules for the 2024 Municipal Elections. These resolutions were drafted based on the basic rules of previous elections, and some of the modifications were discussed in public hearings during the month of January. Minister Cármen Lúcia, vice president of the TSE and responsible for drafting process of the regulations, stated that 'the role of the Electoral Justice with the resolutions is simply to develop what is established in the Constitution and laws'.
One of the main changes concerns electoral propaganda, as Resolution No. 23.732/2024 alters the liability regime of intermediary platforms in the dissemination of third-party content. Article 9-E makes providers jointly liable if they do not immediately remove content and accounts that pose risks to the electoral process..
The article also covers cases of risk, which include 'anti-democratic behaviors, information, and acts', the dissemination of facts that are notoriously false or seriously decontextualized', 'the serious threats of violence or incitement to violence against the physical integrity of members and servants of the Judiciary' and 'hateful behavior or speech.' The Resolution regarding electoral propaganda addresses other topics, such as the obligations to indicate advertisements produced or manipulated by artificial intelligence (art. 9º-B); and the provision of a repository of advertisements on digital platforms (art. 27-A). The other resolutions approved by the TSE deal with the electoral calendar; the Special Campaign Financing Fund (FEFC); the procedures for monitoring and auditing the ballot boxes; and electoral polls, among others.
FREEDOM OF EXPRESSION DISINFORMATION ELECTIONS
05/03
The House approves a bill that increases the penalty for violence against women committed with the use of AI. The Chamber of Deputies approved bill No. 370/2024, sponsored by Representative Jandira Feghali (PCdoB/RJ) on February 21.02.2024, XNUMX/XNUMX/XNUMX, which amends the Criminal Code to increase the penalty for the crime of violence against women, when carried out using artificial intelligence tools or other resources that allow the alteration of the victim's image or sound. In the justification of the original Bill, Representative Jandira Feghali raised concerns about the creation and dissemination of deepfakes, especially those of a sexual nature, and the psychological and emotional harm suffered by victims. The bill now goes to the consideration of the Federal Senate.
ARTIFICIAL INTELLIGENCE GENDER VIOLENCE
06/03
A Member of Congress proposes measures to prevent gender algorithmic discrimination. Representative Rubens Pereira Júnior (PT/MA) introduced bill no. 585/2024, aimed at establishing means to combat algorithmic gender discrimination. The bill defines what is understood by this concept, including, as examples, discriminatory profiling, the use of gender information resulting in economic, social, or cultural harm or exclusion of opportunities, and decisions that perpetuate gender stereotypes. The law encompasses various types of digital platforms and proposes preventive measures such as algorithmic transparency, the establishment of internal and external audit mechanisms for algorithms, the use of diverse and representative data, the promotion of gender equality from the conception of algorithms, channels to report discrimination situations and obtain human review of decisions, as well as the establishment of policies for accountability and correction of identified problems. Also highlighted is the prohibition of price variations of products and services offered online based on the users' gender.
GENDER
10/03
A Judge orders Michelle Bolsonaro to remove Leila Diniz's image from her social media. Judge Keyla Blank de Cnop, of the 6th Special Civil Court of the Lagoa Capital District of the Rio de Janeiro State Court of Justice (TJRJ), ruled that Michelle Bolsonaro delete an unauthorized image of actress Leila Diniz from her social media. The former first lady had used a photo of the actress taken in 1968, in which she was protesting against AI-5, to publish partisan propaganda in the 2022 Presidential Elections. The judge argued that Michelle distorted the context of the image, claiming it was about the conquest of the women's suffrage, which occurred 30 years before the photo was taken.. The judge ordered Michelle, who abstained from the proceedings and did not respond, to remove the photo from her social media within 48 hours, under penalty of a daily fine of R$1.000,00. Additionally, the judge ordered a public retraction regarding the misuse of the image and, finally, the payment of R$ 30.000,00 as a form of compensation for moral damages to the actress's family.
GENDER
11/03
A Bill criminalizes the dissemination of false information about vaccines.Federal representative Rafael Brito (MDB/AL) presentedbill no. 683/2024, which criminalizes the dissemination of false news about the efficacy and safety of vaccines. The bill includes, in the chapter of the Penal Code concerning crimes against public health, the criminal offense of 'disseminating, creating or publishing, by any means, false news about the efficacy and safety of vaccines of the National Immunization Program.' It establishes a prison sentence of six months to two years and a fine, with the possibility of increasing the penalty if the dissemination of information occurs during a period of public calamity. In thejustification, the representative states that vaccines and the National Immunization Program are essential for combating various diseases, but that the 'anti-vaccine movement has gained strength over the years,often due to unfounded concerns and false information widely disseminated on social media and other communication channels.'
FREEDOM OF EXPRESSION DISINFORMATION FAKE NEWS
12/03
The Superior Electoral Court opened the Center for Combating Disinformation and Defending Democracy (CIEDDE). The president of the Superior Electoral Court, Minister Alexandre de Moraes, inaugurated the Integrated Center for Confronting Disinformation and Defending Democracy (CIEDDE). Located at the central office of the Court, the Center aims to integrate institutions to combat disinformation and antidemocratic discourses in the electoral sphere. In addition, it will seek to promote cooperation between the Electoral Justice, public agencies, and private entities, including social media platforms.
So far, Technical Cooperation Agreements (ACT) have been signed with the Attorney General's Office, the Ministry of Justice and Public Security, the Federal Council of the Brazilian Bar Association, and the National Telecommunications Agency (Anatel). CIEDDE's powers include the exchange of information among its members, the coordination of preventive and corrective actions, the conducting of educational courses and campaigns, and the presentation of suggestions for regulatory changes to combat misinformation and strengthen democracy.. Anatel's President, Carlos Baigorri, signed a Technical Cooperation Agreement during the inaugural event, and stated that the Agency 'will fully use its regulatory power with telecommunications companies to take offline all websites and applications that are undermining democracy through disinformation and using Artificial Intelligence for deepfakes'.
FREEDOM OF EXPRESSION DISINFORMATION
14/03
A bill to institute a campaign to combat "online challenges." Federal deputy Clarissa Tércio (PP/PE) proposed bill no. 778/2024, to create a permanent campaign to combat online challenges that jeopardize the physical and mental integrity of children and adolescents.. In his justification, the representative mentions recent cases involving the deaths of children and adolescents who participated in challenges that went viral on social media, and argues that the bill «seeks to raise awareness about the dangers of these challenges through the educational system as a way to fulfill the duty of protecting the lives of children and adolescents«. The proposal presents six objectives that public and private basic education institutions must meet, including: (i) the production and distribution of educational materials to combat the “culture of online challenges”; (ii) the promotion of the topic through curriculum activities, such as writing, presentation of works and in fairs; (iii) raising awareness among parents or guardians, addressing the issue in “parent-teacher” meetings and providing prevention and combat instructions; (iv) displaying permanent posters in a visible place for the school community; (v) fostering discussion of the topic in classrooms, so that students can identify and report any online challenges, and receive instructions.
PROTECTION OF BOYS, GIRLS AND ADOLESCENTS
19/03
A Member of Congress proposes labeling content produced by artificial intelligence. Deputy Ruy Carneiro (PODE/PB) introduced two bills proposing mandatory labeling in cases where content or advertising has been generated using artificial intelligence. The Bill No. 842/2024 seeks to amend the Internet Civil Rights Framework, suggesting three new provisions to: (i) guarantee the user the right to be informed if the accessed content is the product of the use of this type of mechanism; (ii) determine the inclusion of “clear and adequate information, throughout all content,” that the material is the product of manipulation by AI; and (iii) impose sanctions provided for in the Consumer Protection Code in case of non-compliance by companies. Furthermore, Bill No. 841/2024 amends Article 30 of the Consumer Protection Code, adding the obligation to provide notice for advertising containing images or videos produced using artificial intelligence. The deputy, in the justifications accompanying both bills, states that the measures would be necessary to "mitigate risks and protect the integrity of Brazilian users against the progress of AI technology in potentially harmful contexts", and that, by including visible and legible notices, it will be possible to «promote a fair market environment«.
ARTIFICIAL INTELLIGENCE CONSUMER RIGHTS
04/03
UN Committee receives recommendations to improve freedom of expression in Chile. The Coalition for Strengthening Freedom of Expression (Cofle) of Chile submitted its concerns and recommendations on freedom of expression, violence against journalists, media pluralism, and media creation to the United Nations Human Rights Committee. Among the proposals presented is to update the regulatory framework on freedom of the press to enhance the protection of those engaged in journalistic activities, as well as to establish a public policy of prevention, protection, and prosecution against attacks on the press.
FREEDOM OF THE PRESS
28/02
The Constitutional Court of Colombia issued a ruling on the use of sexist stereotypes in the press. The court analyzed the publications according to the content and the way of communicating. The decision was issued as a result of a writ for the protection of constitutional rights filed by a model who was involved with a criminal, and the headlines of major media outlets depicted her with biased and prejudiced expressions. The Court protected the rights to the model's good name, honor, image, and privacy, indicating that the way in which the news was communicated—by various media—was done in a disproportionate manner.
FREEDOM OF EXPRESSION FREEDOM OF THE PRESS GENDER
08/03
The Court issued a ruling against the influencer Westcol' for hate speech against the transgender population on his social media. The court ordered him to make—within 120 hours—“a publication on each of his social media platforms in which he informs his audience of the negative impacts that publications of discriminatory speeches have on the lives of the people they are directed against.”
FREEDOM OF EXPRESSION HATE SPEECH GENDER
20/03
The president of Ecuador, Daniel Noboa, signed the Declaration of Chapultepec and the Declaration of Salta to protect freedom of expression as a demonstration of his commitment to “ensure that Ecuadorian society is better informed through freedom of expression and the press.” This commitment arises from the various forms of violence that the press has had to face. According to Fundamedios, an organization dedicated to the defense of freedom of expression, in 2023, 11 Ecuadorian journalists went into exile due to imminent threats against their lives. In February 2024 alone, the NGO recorded 15 attacks and victims, compared to January, when 43 attacks were recorded.
VIOLENCE AGAINST JOURNALISTS
03/03
The Senators of the Partido del Trabajo presented an initiative to incorporate the responsible use of Artificial Intelligence into study plans and programs, and take advantage of Artificial Intelligence for the academic development of students. The initiative was handed over to the joint committees on Education and Second Legislative Studies.
ARTIFICIAL INTELLIGENCE
06/03
Senator German Martínez proposed the creation of an autonomous body that guarantees the work of journalists.
FREEDOM OF THE PRESS
Senator Alejandra Lagunes Soto presented a document of recommendations for presidential candidates to promote the regulation of Artificial Intelligence, and for these to be included in the National Development Plan.
ARTIFICIAL INTELLIGENCE
12/03
The Senate approved two calls for the selection of two commissioners of the National Institute of Transparency, Access to Information and Personal Data.
ACCESS TO INFORMATION
24/03
The organization Article 19, condemned the attacks against the Director of the Digital Media Más de Acá Noticias carried out by de Morena, the pre-candidate for the Mayorship of Dolores Hidalgo, Guanajuato. The events occurred on February 21 during a protest in which de Morena and his campaign team threatened journalists. Therefore, Article 19, urged the mayoral candidate of Dolores Hidalgo to respect freedom of expression and journalistic activity and to refrain from all types of aggression and stigmatization against the media outlet "Más de Acá Noticias" and the press in general. Additionally, Article XNUMX urged the Mechanism for the Protection of Human Rights Defenders and Journalists of the Ministry of the Interior to reinforce the protection measures for the members of the media outlet "Más de Acá Noticias" to guarantee their safety
VIOLENCE AGAINST JOURNALISTS FREEDOM OF THE PRESS
27/03
The organization Article 19 condemned the intimidation and harassment by personnel from the Autonomous University of Sinaloa (UAS) against journalists. The events occurred on February 20, 2024, within the framework of a student protest at UAS regarding the indictment of the then-acting Rector, Jesús Madueña. During the inauguration of the current Rector, he stigmatized the coverage of the newspaper Noroeste, and UAS personnel obstructed the media coverage by the news outlet.
Therefore, the organization Article 19 requests the State Protection Unit for Human Rights Defenders and Journalists in Sinaloa and the Protection Mechanism for Human Rights Defenders and Journalists to coordinate and contact all journalists who have been harassed, in order to gather the necessary information to analyze the level of risk they face and to provide the corresponding measures for the protection of each journalist and their family.
VIOLENCE AGAINST JOURNALISTS FREEDOM OF THE PRESS HARASSMENT
13/03
The president of Paraguay, Santiago Peña, expressed his "total and unconditional" support for freedom of the press in response to concerns expressed by unions and media outlets about a possible "judicialization of journalistic practice" in the country. The president made his remarks amid the irritation caused by statements from Pedro Ovelar, lawyer of former president Horacio Cartes, who revealed in an interview with the NPY channel that, as part of the indictment against former president Mario Abdo Benítez, media outlets and journalists would "probably" be called upon to "account for what can be investigated."
FREEDOM OF THE PRESS
17/03
Thenewspaper “Sin Fronteras” reportedthat Liubomir Fernández, a journalist for the newspaper “La República” in Puno, is a victim of surveillance. According to the journalist's complaints, due to his coverage of the land dispute at the Huáscar Polytechnic in Puno, he was being monitored and intimidated. Recently, unknown individuals hung black underwear in the journalist's house as a symbol of threat. Following these events, thePeruvian Press Council, the National Association of Journalists and the Press and Society Institute have requested precautionary measures from the Inter-American Commission on Human Rights in favor of the journalist due to a high risk of attack against his personal and family integrity.
VIOLENCE AGAINST JOURNALISTS
18/03
TheNational Association of Journalists reportedthat journalists from various local media outlets were assaulted by supporters of the regional governor of Moquegua, Gilia Ninfa Gutiérrez Ayala, who is implicated in a corruption case, while they were waiting for her to leave the Prosecutor's Office. The aggressors tried to prevent the press from asking questions by pushing and throwing water at them.
VIOLENCE AGAINST JOURNALISTS
19/03
The parliamentary group “Acción Popular” presented bill No. 07348/2023-CR, which, among other issues, establishes functional liability for prosecutors for any leak of information about effective collaboration processes. Furthermore, it stipulates that, in criminal proceedings, “journalistic publications lack probative value by themselves,” so they cannot stand alone. In response to this bill, the Peruvian Press Council demanded that the legislative initiative be shelved because it would limit citizens' access to public interest information, especially related to corruption cases. Likewise, it described as absurd the attempt to strip journalistic publications of probative value, given the fundamental role of the press in uncovering acts of corruption.
FREEDOM OF EXPRESSION ACCESS TO INFORMATION
20/03
Diego Pomareda, parliamentary advisor to Congresswoman Flor Pablo Medina, reported on his social media accounts that the Congress of the Republic has initiated a disciplinary process against him for allegedly affecting the "parliamentary dignity" through some tweets. Pomareda denounced that he is being subjected to dismissal for alerting about the reckless actions of Congress from his social media account. In response, he defended his right to express verifiable opinions and pointed out that his comments are aligned with the political stance of the congresswoman he works for.
FREEDOM OF EXPRESSION
21/03
After the approval of the Congress of the Republic, law No. 31990 was published, which modifies a series of articles of the Criminal Procedure Code in the scope of the effective collaboration process. Among the reforms, it stipulated that prosecutors have the duty to protect the confidentiality of the entire effective collaboration process, including the content of the applicants' statements and their identities, under administrative, civil and criminal liability.
PRIVACY ACCESS TO INFORMATION