
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% |
27/05
On May 27, the Ministry of Security, led by Patricia Bullrich, issued the Resolution 428 / 2024, which establishes a protocol for federal security forces to carry out “preventive” work in cyberspace using open and publicly accessible digital sources. One of the concerns that revolve around this regulation is the consideration of open sources “as the media and digital information and communication platforms of a public nature, non-sensitive and without security classification, whose access does not imply a transgression of the right to privacy of the people".
PRIVACY PERSONAL DATA PROTECTION
26/04
Bill presents rules for development and use of AI in Brazil. He Deputy Júnior Mano (PL/CE) presented bill (PL) No. 1465/2024, which aims to establish rules for the development and operation of artificial intelligence (AI) in the country. Among the objectives and principles mentioned in the project are the centrality of the individual and the participation of human beings in the development of technology, the free development of personality, digital inclusion, freedom of choice, transparency and surrender. of counts. The PL also presents a gradation of risk for IA categorization, which varies between moderate, high or excessive. In this case, AIs classified as excessive risk would be prohibited.. Finally, with regard to responsibility, it is established the presumed fault of the operator or provider of the AI system. In the case of high or excessive risk systems, the strict liability regime is used. The Project arises at a time when debates about AI are gaining prominence in the National Congress: On 24.04/XNUMX, the Temporary Internal Commission on Artificial Intelligence (CTIA) of the Federal Senate published a preliminary report containing a proposal for the regulation of AI in Brazil. This new text incorporates elements of other bills on the subject, such as PL 2.338/2023 and PL 21/2020.
ARTIFICIAL INTELLIGENCE
26/04
Lula and the Brazil of Hope Coalition receive a fine for negative electoral propaganda. El Superior Electoral Court sentenced President Lula and the Brazil of Hope Coalition to pay a fine of R$84.000 for sponsoring negative electoral propaganda in the 2022 elections against Jair Bolsonaro. Specifically, the promoted video mentioned actions and words of Jair Bolsonaro, referring to him as "incompetent" and "inhumane," among other accusations. In its defense, the Brazil of Hope Coalition argued that, "despite the harsh tone," the propaganda was intended to "inform voters about the candidate's past conduct." The decision declared that the campaign violated article 57-C, §3 of the Electoral Law, so alone allows the promotion of content that benefits candidates or their groups.
ELECTIONS
03/05
Liberal Party questions law against the dissemination of disinformation during the health crisis. El Liberal Party (PL) proposed a Direct Action of Unconstitutionality (ADI) No. 7.693/BA, against Bahia State Law No. 14.268/2020, which establishes sanctions against those who spread false information during a health crisis. This law establishes sanctions for "those who disseminate, through print, television, radio or electronic media, false information, without official origin, about epidemics, endemics and pandemics in the State of Bahia, without citing the primary source."«, with the possibility of applying fines that can vary between R$ 5.000 and R$ 20.000. The party, in the ADI, argues that the law "violates constitutional principles related to freedom of the press, thought, demonstration and expression."
DISINFORMATION
09/05
Justice of Rio Grande do Sul determines that Meta delete influencer posts that contain disinformation. Judge Fernanda Ajnhorn, of the Court of Justice of Rio Grande do Sul (TJRS), ordered Meta to remove, within 24 hours, the publications of the influencer Dilson Alves da Silva Neto, known as Nego Di. The case arose in the context of a Public Civil Action (ACP) filed by the Public Ministry of Rio Grande do Sul (MPRS), which challenged publications by Nego Di in which he stated that Eduardo Leite, governor of Rio Grande do Sul, together with the Military Brigade, were prohibiting private boats and jet skis from carrying out rescue operations in Canoas, a city affected by the floods of April and May, due to the alleged lack of authorization of the drivers. Judge Fernanda Ajnhorn considered that, given the state of public calamity caused by heavy rains in Rio Grande do Sul, the circulation of fake news hinders rescue work, generates uncertainty and insecurity in the population, and discourages help from society. In addition to the order addressed to Meta, the judge ordered that the influencer not make new publications that contain disinformation, under penalty of a fine of R$ 100 thousand. The Attorney-General of the Union, Jorge Messias, praised the performance of the MPRS in his profile on.
DISINFORMATION FREEDOM OF EXPRESSION
10/05
The Federal Government and the Attorney General's Office are working to combat false news about the floods in Rio Grande do Sul. El federal government, together with the Attorney General of the Union (AGU), established a working group to confront misinformation related to the rains in Rio Grande do Sul. The group is made up of representatives of the AGU, the Secretariat of Social Communication of the Presidency of the Republic (Secom/PR), the Ministry of Justice and Public Security (MJSP) and the Federal Police (PF). The main objective is prevent the spread of fake news that is harming the actions of public power in rescuing and supporting the situation in the State. In an initial meeting, it was agreed that the National Prosecutor's Office of the Union for the Defense of Democracy (PNDD), an AGU body responsible for the extrajudicial and judicial defense of the Union against fake news, will act preventively, preventing negative impacts from occurring in the face of the calamity due to cases of misinformation. Among the strategies discussed is the proposal of create a direct communication channel between the government and the platforms, as well as labeling publications that cause misinformation. On the occasion, also representatives of the platforms were present Google, YouTube, TikTok, Meta (Facebook, Instagram and WhatsApp), Kwai, Linkedin, Spotify and Kuaishou Technology, who committed to analyze the cases of misinformation that are identified within a period of up to 12 hours.
FAKE NEWS
13/05
Bill seeks to criminalize the dissemination of false information in situations of public calamity. Federal deputy Helder Salomão (PT/ES) presented the Bill No. 1790/2024, who adds to Criminal Code an article that criminalizes the dissemination of false information related to a public calamity with the aim of misinforming or harming humanitarian actions. The expected penalty is one to four years in prison and a fine, increased by half if the crime is committed by a public or political agent. The objective of the measure, according to the project, is to discourage practices that seek to manipulate public opinion in times of crisis and, consequently, hinder the coordination of assistance efforts and the implementation of measures to mitigate the damage caused. In his justification, the deputy highlights that "in situations of public calamity, such as natural disasters, pandemics or humanitarian crises, the spread of false information can cause panic, harm the effectiveness of response actions and even put lives at risk."
DISINFORMATION FREEDOM OF EXPRESSION
13/05
A project aims to criminalize the exposure of children and adolescents on social networks and the media. The Deputy Delegate Adriana Accorsi (PT/GO) presented the Bill No. 1779/2024, who adds to Statute of Children and Adolescents (ECA) an article that criminalizes the exposure and humiliation of children and adolescents through content disclosed on computer systems, social networks and any other form of transmission. The expected penalty is six months to two years in prison and a fine, in addition to participation in classes and reflective groups on the exposure and upbringing of adolescents. In its justification, the deputy explains that the proposal "aims to establish clear and rigorous parameters for the exposure of children and adolescents on social networks and the media, seeking to guarantee their healthy development and protect their physical and emotional integrity."
PROTECTION OF MINORS
17/05
The STF confirms the fine applied by the TSE to Jair Bolsonaro for irregular electoral propaganda. The Supreme Federal Court (STF), in a decision by Judge Dias Toffoli, rejected an appeal by the defense of Jair Bolsonaro and the "Coalition for the Good of Brazil" that challenged the fine of R$15.000 imposed by the Superior Electoral Court ( TSE) for the irregular dissemination of electoral propaganda on the Internet. Toffoli confirmed the TSE's decision and reiterated the Court's jurisprudence, stating that “Electoral propaganda is regulated by law, which may stipulate limits for its use in the various media”. The minister cited a Court decision that establishes that the regulation does not violate the freedoms of expression, press or information (ADI 6.281). The TSE decision in question fined the former president and his Coalition for promoting electoral content that did not comply with the provisions of the Resolution 23.619 of the TSE on electoral propaganda. According to the Court, in the 2022 elections, Bolsonaro and his coalition spent around R$15.000 to sponsor negative advertising against a political opponent, which is prohibited by electoral legislation. Furthermore, the content disseminated was not unequivocally identified with the expression “electoral propaganda” and the legal identification of the person responsible, which also violates the TSE Resolution on electoral propaganda.
ELECTIONS FREEDOM OF EXPRESSION
22/05
The Communication Commission of the Chamber of Deputies approves a bill that provides for the remuneration of journalistic content by platforms. The Communication Commission of the Chamber of Deputies approved bill 1354/2021, presented by former deputy Denis Bezerra (PSB/CE). The project modifies the Internet Civil Framework, adding the obligation that the big tech guarantee remuneration for the provision of journalistic content. The basis for payment, according to the bill, would be the gross income obtained from the dissemination of the news, on which a minimum rate of 50% would be calculated. The company will also need to ensure that local and regional media have access to the platform. The bill also prohibits discriminatory practices in relation to the tracking, indexing, availability and distribution of news. In his justification, the former deputy claims to have been inspired by the Australian Media Law, which established a platform remuneration model for the media, stating that it is necessary to “balance the forces between traditional media and the so-called digital media, since they operate in complementary market niches.” According to its legislative processing, the bill now goes to the Constitution, Justice and Citizenship Commission of the Chamber of Deputies.
FREEDOM OF THE PRESS
02/05
The Minister of Science Aisén Etcheverry sent to the Chilean Congress a draft Law on Artificial Intelligence, defined in the text as a “set of systems based on machines that infer, from input information, certain output information, which may consist of predictions, content, recommendations or decisions capable of influencing physical or virtual spaces.” This project responds to a demand for a regulatory policy clear on the issue, which took its first steps in 2021 when during the second administration of Sebastián Piñera the Ministry of Science, Technology, Knowledge and Innovation published a National Artificial Intelligence Policy.
ARTIFICIAL INTELLIGENCE
21/05
The Ministry of Information and Communications Technologies (Min. ICT) presented the bill 447/24 before the House of Representatives. The proposal seeks to regulate the supply, exchange and use of data by the State for public policy decision-making and the development of artificial intelligence (AI). The project stipulates that official entities must produce relevant data, always maintaining the privacy and anonymity of personal information, complying with laws such as data protection.
PERSONAL DATA PROTECTION
22/05
On May 22, the Bill 241/22 S 366/24 C, which seeks to prevent and punish digital gender violence. Although the project pursues a legitimate goal, it proposes creating the crime of digital gender violence which punishes anyone who disseminates "intimate" content without authorization. However, the wording of the article is so broad that it could end up being used to sanction people who use material that can be considered intimate (such as chats or emails) to make public complaints. For example, it could endanger victims or journalists who report cases of sexual violence. For this reason, some civil society organizations They oppose the approval of the project. The project has only one debate left in the Plenary of the House of Representatives.
FREEDOM OF EXPRESSION GENDER VIOLENCE
28/05
After multiple failed attempts, on May 28 the bill was approved that bans bullfighting in Colombia. Guild representatives announced who will debate the law. Among other things, defenders of bullfighting argue that this is a matter of freedom of artistic and cultural expression. In 2016, the Constitutional Court Held that bullfighting is a cultural manifestation that allows an exception to the laws on animal abuse, although he maintained that this type of practice must be regulated in such a way that animal suffering is minimized.
FREEDOM OF EXPRESSION
01/05
El journalist Hernán Gómez Bruera He was sued civilly by El Heraldo Media Group for a million-dollar sum. In this regard, the Article 19 organization reiterates its support for the journalist. The lawsuit is related to mentions that he made in his last book in relation to the former legal advisor to the Presidency, Julio Scherer Ibarra.
FREEDOM OF THE PRESS
03/05
The organization Article 19 condemned the kidnapping and murder of the Director of the Digital Media “Acá en el Show, la Puritita Verdad” and other media, which occurred on April 25, 2024, in Morelos, Mexico. The journalist Roberto Carlos Figueroa was a critical journalist of the different parties. Due to the above, the Article 19 organization urged the Specialized Prosecutor's Office for Crimes against Freedom of Expression of the Attorney General's Office to carry out the investigation and apply the Approved Protocol for the Investigation of Crimes against Freedom of Expression. ; to the Federal Mechanism for the Protection of Human Rights Defenders and Journalists, to coordinate with the Local Protection Mechanism and the Prosecutor's Office, urgent protection measures that guarantee the physical integrity of all members of Roberto Carlos Figueroa's family, as well as his team. of work; and to the Executive Commission for Attention and Reparation to Victims of the State of Morelos to provide facilities for the journalist's family members to be entered into the Victims Registry and thus provide them with Psychological support, adequate Legal Advice and reparation of the comprehensive damage to which they have the right to.
VIOLENCE AGAINST JOURNALISTS
07/05
The organization Article 19 reports that the memorial to the victims of the multi-feminicide and homicide in the Narvarte case that occurred on July 31, 2015. To this day, there is still no truth and justice for the victims.
VIOLENCE AGAINST JOURNALISTS
08/05
La journalist from the Sputnik Mundo news agency, Stephanie Palacios, denounced in the daily conference given by the President of Mexico, Andrés Manuel López Obrador, that the presidential team that coordinates this activity has imposed sanctions against journalists who attend the conference. After said participation, the journalist received several intimidating messages on social networks. For this reason, the organization Article 19 demanded on May 21, 2024 that the Attorney General's Office of Mexico City investigate the complaint presented by the journalist, and the Mechanisms for the Protection of Human Rights Defenders and Journalists to implement protective measures.
FREEDOM OF THE PRESS
16/05
The organization Article 19 condemned the acts of harassment and intimidation against the producer of the Zeta Weekly, Eslava Díaz by the president of the College of Civil Engineers of Tijuana, Baja California, Jorge Alberto Muñoz Escudero. Therefore, the organization Article 19 calls on Jorge Alberto Muñoz Escudero and the College of Civil Engineers of Tijuana to eradicate any intimidating or threatening practice against the media.
VIOLENCE AGAINST JOURNALISTS
16/05
The organization Article 19 celebrates the review of precautionary measures (preventive detention) in the criminal process carried out against the journalist José Rubén Zamora Marroquín for the crime of money laundering, which was changed to house arrest. However, the journalist remains in preventive detention due to a second trial against him, which the Supreme Court of Justice of the Nation must resolve.
VIOLENCE AGAINST JOURNALISTS
20/05
La journalist and activist Fabiola Cortés Miranda was sued by the international company Four Cardinals Development México SA de CV, in the state of Quintana Roo. The organization Article 19 rejects this process of judicial harassment against the communicator and activist, and once again expresses its concern about the use of these judicial mechanisms that seek to undermine the free exercise of journalism and silence information of public interest. For this reason, Article 19 urged the Second Civil Court of Playa del Carmen of the Judicial Branch of the State of Quintana Roo to resolve in accordance with the highest international standards and national criteria regarding freedom of expression.
FREEDOM OF THE PRESS
22/05
The organization Article 19 and other organizations expressed their concern about the actions that have been taken against the journalist Claudia Amelia Solera, former collaborator of the Grupo Imagen and Excelsior media, and collaborator of Enfoque Noticias. Some of the actions include suing for moral damages. The lawsuit is for a publication made in 2010. These organizations ask the Twenty-Third Civil Court of Written Procedure of the Superior Court of Justice of Mexico City to apply the highest international standards regarding freedom of expression.
FREEDOM OF THE PRESS
22/05
The R3D organization reports that the Supreme Court of Justice of the Nation will resolve the unconstitutionality actions of the reforms to the Federal Copyright Law and the Federal Penal Code, and questioned that the draft resolution that will be analyzed by the ministers has not yet been made public.
COPYRIGHT FREEDOM OF EXPRESSION
23/04
The Special Team of Prosecutors against Corruption of Power (EFICCOP) seized, with a court order, computers, cell phones and other communication equipment of Juan Carlos Tafur, director of the “Sudaca” news portal. The journalist is accused of having colluded with prosecutors investigated in corruption cases, and of having offered to publish unfavorable reports against prosecutor Marita Barreto. Tafur denied these accusations and stated that his critical publications towards prosecutor Barreto have not been denied. On April 24 and 25, the Press and Society Institute (IPYS) and Peruvian Press Council issued statements condemning the court order against Tafur, pointing out that the measure is seriously intrusive and violates the right to reserve journalistic sources. Likewise, on May 22, the OAS Special Rapporteur for Freedom of Expression manifested its concern about the proceedings initiated against the journalist and called on the Peruvian State to comply with international standards of due process and freedom of expression.
VIOLENCE AGAINST JOURNALISTS
02/05
The Presidency of the Council of Ministers published the draft regulation of Law 31814 “Law that promotes the use of artificial intelligence in favor of the economic and social development of the country.” This project has received some initial criticism. In a note published by the magazine “EconomicWEEK”, the clarity of the draft regulation was questioned, in particular, the ambiguity in the classification of "high risk" and "unacceptable risk" activities of projects that used artificial intelligence (AI) in their development. In this sense, the scenarios in which companies would have to designate people in charge of supervising and validating processes carried out by AI would increase, which would reduce the efficiency of automation. In addition, the regulation prohibits the use of AI to “modify a person's behavior with subliminal messages, deliberately deceptive techniques or the exploitation of vulnerabilities of a specific population group”; However, what these “deceptive” or “subliminal” techniques consist of is not defined.
ARTIFICIAL INTELLIGENCE
03/05
On May 3, the ruling of the Constitutional Court handed down to the file 00011-2023-PI/TC, by which Law 31810 was declared constitutional, which allows the president to manage his office remotely with digital technologies when traveling abroad without having vice presidents. In its reasoning, the highest Peruvian court indicated that the constituent did not foresee the possibility that, during the presidential term, there would be no vice presidents who could be entrusted with the office. Likewise, he stated that it is not contrary to the Constitution for the president to resort to digital technologies, since through this he can continue to fulfill the constitutional purposes of his office. Thus, it was possible that, by authorizing departure from the country, Congress could also validate the need for the Executive Branch to remotely manage the presidential office.
REGULATION OF TECHNOLOGIES
On May 3, the Press and Society Institute (IPYS) warned and condemned that on April 23, Liubomir Fernández, correspondent for the media “La República” in Puno, was threatened again by lawyer Enrique Calmet, who yelled at him that he would destroy his professional career. Fernández investigates Calmet's alleged irregular efforts to take possession of the land of the Huáscar school, considered heritage for the citizens of Puno, for a real estate project. Previously, Calmet had threatened the journalist.
VIOLENCE AGAINST JOURNALISTS
13/05
On May 13, the College of Journalists of Peru issued a statement rejecting the statements of the governor of Arequipa, Rohel Sánchez, made on May 10 during a public ceremony for Mother's Day. In his speech, Sánchez disqualified Arequipa journalism, calling it “extortionists” and “blackmailers.” The institution denounced that these accusations lack concrete evidence and represent an attack on the honor and reputation of the communicators.
FREEDOM OF THE PRESS
16/05
It was published on Supreme Decree No. 007-2024-JUS, which approves the new Regulation of the Law of Transparency and Access to Public Information (LTAIP) – Law No. 27806. The new regulation replaces the previous one, in force for more than 20 years. Among the new features, the head of each public entity can delegate to the Secretary General the task of designating the official responsible for responding to requests for access to information. Likewise, when an entity is not competent to respond to a request for information, it is not rejected, but rather must be directed to the obligated entity or to the one that possesses the information. In addition, the obligation is introduced for former officials and former public servants to deliver the information contained in their institutional emails. On the other hand, the procedure before the Transparency Court is modified, setting maximum deadlines for the admission of appeals and compliance with resolutions that declare them founded.
ACCESS TO INFORMATION
19/05
The mayor of Lima, Rafael López Aliaga, published a official statement through the social networks of the Municipality of Lima, in which he called the press media “La República” and “El Comercio” “billets,” which supervise his management. In addition, he accused them of being responsible for traffic in the city and of belonging to a corruption network that seeks to remove him from power. The statement was a response to a report from “El Comercio” that revealed his request for permission from the Urban Transportation Authority (ATU) to use the exclusive lanes of the “Metropolitano” transportation corridor, arguing that traffic prevented him from fulfilling his work schedule. After what happened, the Peruvian Press Council and the Press and Society Institute issued a statement condemning the mayor's speech, as it is stigmatizing against the media.
FREEDOM OF THE PRESS