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 projects as of September 2023

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

Topics bills presented between August 2021 and September 2023

Access to information 6.9%
Bullying 10.3%
Apology 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 bills presented between August 2021 and September 2023

Access to information 4.8%
Bullying 9.5%
Apology 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%

07/09 

Google got involved in the battle against misinformation. The search engine promoted tools to help people stay informed and identify fake news. Under the campaign “Transparency Argentina: combating disinformation during elections,” Google called on the main media outlets to implement a project to combat disinformation and offer tools for voters in electoral contexts. 

DISINFORMATION ELECTIONS

27/09 

The journalistic medium “La Prensa” published a opinion column entitled “Negationism and freedom of expression” in the face of different positions that have been presented in the presidential electoral environment in Argentina. The denialism of the dictatorship and its serious effects on human dignity has been the eye of the storm as the line that separates the apology of the crime from the free expression of a dissenting opinion on the reality of the facts is not defined. 

FREEDOM OF EXPRESSION APOLOGY

28/09

The President of the Association of Argentine Journalistic Entities (ADEPA), Daniel Dassein, announced a report where the activity of the press in a democratic society stood out. He indicated that “Argentina is experiencing dizzying and transcendent moments in which its future is defined. In these contexts, society and the democratic system require vigorous journalistic media and dynamic freedom of expression. This is what our entity has always driven” and emphasized the importance of paying attention to intellectual property in relation to publishers since they usually claim the value of content in the digital ecosystem and the right to have this recognized by the technological platforms. 

FREEDOM OF EXPRESSION FREEDOM OF THE PRESS

05/09

Bill proposes the prohibition of the dissemination of electoral surveys by media and social networks during the electoral period. Representative Abilio Brunini (PL/MT) presented before the Chamber of Deputies the Bill (PL) No. 4348/2023, Which aims to establish a prohibition on the dissemination of electoral surveys by the media and social networks during the electoral period. The prohibition applies to the "dissemination of electoral surveys by media, including newspapers, magazines, radio, television, news portals and social networks", and sanctions the publication of surveys with the sanctions provided for in the electoral legislation, including fines and suspension of the media. The project classifies electoral surveys as "any public opinion study that aims to measure the voting intention of voters in relation to candidates, political parties or coalitions in elections." According to the justification, the publication of opinion polls "raises legitimate concerns regarding impartiality, the influence on the formation of public opinion and the competitive balance between candidates", which could "distort democratic dynamics." On September 12, the text was attached to the 5135 PL / 2013.

FREEDOM OF EXPRESSION ELECTIONS

TJSC rejects the request for compensation filed by Luciano Hang against the former mayor of Brusque for sharing journalistic news. El September 5, the Eighth Chamber of Civil Law of the Court of Justice of Santa Catarina (TJSC) confirmed the ruling that rejected the request for moral damages presented by Luciano Hang after the former mayor of the city of Brusque, Paulo Eccel, shared journalistic news on Facebook. Specifically, news shared by Eccel reported on businessmen hiring WhatsApp mass shooters worth 12 million reais to spread fake news against Fernando Haddad (at the time, presidential candidate). The news was published by the Folha de São Paulo newspaper and El País. Hang alleged that the news was false and that it infringed his rights to image and honor. The action was dismissed in the first instance, a decision confirmed unanimously by the TJSC. The speaker, Judge João Marcos Buch, considered that the simple act of sharing journalistic news does not generate compensation for moral damage. On the contrary, this practice is supported by the right to freedom of expression, both in the 1988 Federal Constitution and in international documents, such as the Pact of San José of Costa Rica. Furthermore, according to the magistrate, the news had solid and considered content and had been published by respectable media outlets.

FREEDOM OF EXPRESSION ELECTIONS DISINFORMATION

TJSP condemns Jovem Pan to compensate Cristiano Zanin for content disclosed on YouTube. The September 5, the Second Chamber of Private Law of the Court of Justice of São Paulo (TJSP) sentenced Jovem Pan radio to compensate Cristiano Zanin, minister of the Supreme Federal Court (STF), for moral damages due to a broadcast on YouTube. The action was presented after journalist Cristina Reis Graeml stated in the broadcast that Zanin would be "as criminal as the clients he defends" and that he would have acted in coordination with "accomplices" in the Judiciary to defend Lula. at that time he was still a lawyer (the transmission took place on October 7, 2022). Graeml was also jointly convicted. In filing the action, Zanin alleged that, although he did not want to limit the right to freedom of expression, Graeml's comments affected his honor and her image. In the first instance, the value of the compensation was set at R$ 50 thousand, but the TJSP reduced it by half. Judge José Carlos Ferreira Alves, rapporteur of the case at the TJSP and unanimously supported, pointed out that the word "criminal" could not be attributed to Zanin, which is why Graeml exceeded the exercise of the right to freedom of expression and information.

FREEDOM OF EXPRESSION ELECTIONS DISINFORMATION

12/09

The Federal Senate Commission approves a work plan with public hearings on AI regulation. La Temporary Internal Commission on Artificial Intelligence in Brazil (CTIA) of the Federal Senate defined its work plan with a series of public hearings. According to proposal of the CTIA, for 90 days, the committee will meet to discuss the regulation of AI, addressing issues such as intellectual property, impacts of technology on public service and comparison with the legislation of other countries on the subject. Senator Eduardo Gomes (PL-TO), rapporteur of the CTIA, emphasized, during the work plan voting session, the importance of strengthening the National Data Protection Agency (ADNP) as one of the entities responsible for the regulation of AI. He observed that artificial intelligence is intrinsically linked to all regulatory agencies in Brazil and argued that the ANPD is the most aligned with the issue, expressing the need to consolidate the regulatory structure. The objective of the CTIA is to analyze the bill that regulates the use of AI (PL n° 2.338/2023), identifying points of disagreement in the current text.

ARTIFICIAL INTELLIGENCE NEW TECHNOLOGIES

13/09

The Chamber of Deputies approved the basic text of the mini electoral reform. The Plenary Session of the Chamber of Deputies approved, with 367 votes in favor and 86 against, the basic text of a mini electoral reform. He Bill No. 4.438/2023 modifies norms related to gender political violence, electoral propaganda, quotas for women candidates, among other aspects. 

Political gender violence. The approved text modifies article 326-B of the Electoral Code, which typifies the crime of political violence against women, to include in its scope, in addition to candidates and holders of elected office, pre-candidates and "any woman due to her political, party or electoral activity." The text also establishes emergency protection measures for victims of political violence against women, which may be granted regardless of the criminal classification or the presentation of criminal or civil actions.

Electoral propaganda on the internet. The bill seeks to modify the Election Law (Law N ° 9.504 / 1997) to allow electoral propaganda on the Internet on election day, prohibiting the promotion of this propaganda.

Women's candidatures. The new text also proposes modifying the rules of the minimum percentage of candidates for men and women. With the new proposal, the minimum gender quota will no longer be evaluated by individual parties and must be met by the federation as a whole. Furthermore, it is intended to classify fraud in the quota of female candidates as an abuse of political power when the following are verified, cumulatively: (i) the failure to carry out campaign events and (ii) the obtaining of votes that indicate that there were no campaign effort.

After approval in the House, the text will be sent to the Senate and will then be submitted for President Lula's sanction. For the new rules to be applicable in the 2024 municipal elections, the text must become law before October 6.

FREEDOM OF EXPRESSION ELECTORAL CODE

06/09

was presented on bill 130/23S, which seeks to protect the rights of workers against artificial intelligence by guaranteeing job stability. To this end, the project would oblige public and private entities that make use of artificial intelligence in the selection and performance evaluation processes of their personnel to "inform them of the algorithms used" for the evaluation, as well as ensure impartiality. of the processes.

ARTIFICIAL INTELLIGENCE NEW TECHNOLOGIES 

12/09

More than 70 public entities were victims of a cyber attack massively through ransomware, a type of harmful program with which it "kidnaps" information to demand a ransom to allow access to the data again. The attack was carried out against IFX Networks, the company that houses the entities' services and information. Among the affected institutions are the Ministry of Health, the Judicial Branch and the Colombian Red Cross. After the attack, the senior presidential advisor for Digital Transformation, Saúl Kattan, said that “the health system is in check.” In addition, the Ministry of Information Technology and Communications assured that there is hospital data that has already been leaked on the dark web. To date, services have not been restored nor data recovered from all affected entities.

PERSONAL DATA PROTECTION

In September, two bills that had been presented in other legislatures but were archived due to lack of progress returned to Congress. On September 3, bill 193/23C on "clear language" was filed, which seeks to promote the use and development of clear language in documents, processes, communications, procedures, services and other administrative procedures. Also, on September 12, bill 230/23C was filed, known as "Virtual Congress", which seeks to implement an exclusive digital platform for the effective participation of citizens in the bill and interaction with congressmen.

ACCESS TO INFORMATION

04/09 

Multiple civil society organizations, academics, journalists and people of public relevance in Mexico have urged the Senate to appoint the three missing commissioners to integrate the National Institute of Transparency, Access to Information and Protection of Personal Data, an institution that is in session with a quorum lower than that established by law based on a determination of the Supreme Court of Justice of the Nation, derived from the ineffectiveness of the Senate to reach agreements on this matter. 

ACCESS TO INFORMATION

On September 4, 2023, several human rights organizations and journalists show their concern about the withdrawal of the refuge granted to the journalist Yanely Fuentes Morales after in 2019 he was a victim of forced displacement due to attacks suffered in the State of Guerrero. This determination, they point out, is made without a risk assessment and safe return plan, and after a series of meetings between authorities in which the journalist was not present. 

VIOLENCE AGAINST JOURNALISTS FREEDOM OF THE PRESS

05/09

Article 19 releases a statement from relatives of the Narvarte Case, a case in which a male journalist and several women were murdered. The statement highlights the indignation at the position of the Special Prosecutor responsible for the investigation of the homicides because they believe he is protecting a public servant assigned to his prosecutor's office who has ruled out the participation in the criminal acts of two people who are observed in a video series. 

VIOLENCE AGAINST JOURNALISTS FREEDOM OF THE PRESS

R3D reports that on the first of this month and year, a Collegiate Circuit Court ordered the Secretariat of National Defense to refrain from destroying, purifying, eliminating or hiding information related to the Ayotzinapa case, an event in which 43 students were disappeared and another series of incidents occurred on the same night in September 2014.  

ACCESS TO INFORMATION

12/09 

Article 19 reports that a Collegiate Circuit Court in criminal matters ordered the release of a person who was linked to the homicide of the journalist Moisés Sánchez occurred 8 years ago due to failures in the authorities responsible for the investigation and prosecution of crimes. 

FREEDOM OF THE PRESS FREEDOM OF EXPRESSION

13/09

El Senator Ángel García Yáñez presented an initiative for the Attorney General's Office to prosecute attacks against journalists ex officio.  

VIOLENCE AGAINST JOURNALISTS FREEDOM OF THE PRESS

La Senator Estrella Rojas Loreto presented an initiative so that the National Institute of Transparency, Access to Information and Protection of Personal Data can continue its work even in the absence of its members due to lack of appointment by the Senate, through the substitution of Secretaries of Agreements with greater seniority in this institution.  

ACCESS TO INFORMATION PERSONAL DETAILS

La Senator Olga Sánchez Cordero presented an initiative with the aim of sanctioning the use of technologies to digitally alter a person's face, to which several organizations showed their concern, including Article 19.  

PERSONAL DATA PROTECTION 

15/09

La Senator Olga Sánchez Cordero reported that the reform to the Federal Penal Code that seeks to incorporate what has been called the Ingrid Law It only intends to sanction the leaking of images of victims of feminicide and other violent crimes, and in no way intends to censor the media. 

FREEDOM OF EXPRESSION ACCESS TO INFORMATION FREEDOM OF THE PRESS

19/09

The organization R3D announces that various United Nations rapporteurs and working groups (Special Rapporteur on the situation of human rights defenders; Working Group on the issue of human rights and transnational corporations and other companies; Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Special Rapporteur on the rights to freedom of peaceful assembly and association; and Special Rapporteur on the right to privacy) expressed concern about the use of Pegasus malware to monitor individuals human rights defenders.  

PERSONAL DATA PROTECTION

21/09

The Puebla Network of Journalists, Women's Communication and Information (CIMAC) and Article 19 organizations denounced attacks against journalists in Puebla, coming from various public institutions, including the State Electoral Institute, the Electoral Court of the State of Puebla and the Congress of Puebla, who have blocked information from some journalists. In turn, two recent incidents through digital media, one consisting of a cyber attack against a news site and the other a series of attacks on social networks against a journalist. For this reason, they demanded that the State Electoral Institute, the Electoral Court of the State of Puebla, the Congress of Puebla and the Political Parties facilitate access to information and interviews with the media.

In addition, they asked the Attorney General's Office of the State of Puebla to investigate cyber attacks and threats on social networks against journalists; while the State Human Rights Commission of Puebla is asked to file a complaint against the State Electoral Institute, the Electoral Court of the State of Puebla and the Congress of Puebla for possible violations of the rights to freedom of expression and of law at the information. 

VIOLENCE AGAINST JOURNALISTS FREEDOM OF THE PRESS

17/09 

During her participation in the 78th General Assembly of the United Nations in New York, the president of Peru, Dina Boluarte, refused to answer about the role of the Armed Forces in controlling Peru's internal order to national journalists covering the event. The president described the question that Canal N journalist Angélica Valdez asked her about it as “aggressive.” The National Association of Journalists (ANP) condemned this attitude of Dina Boluarte, for refusing to make statements to the Peruvian media and using the term "aggressive" to refer to a journalist. 

FREEDOM OF PRESS ACCESS TO INFORMATION

23/09

Law No. 31880 was published in the official gazette, “Law that delegates to the executive branch the power to legislate on matters of citizen security, disaster risk management-Global Child, social infrastructure, project quality and meritocracy.” Various unions linked to journalism have questioned the request for the delegation of powers due to the negative effects that it could generate on freedom of expression (this is the case of the Peruvian Press Council (CPP), Press and Society Institute (IPYS) and National Association of Journalists). This is because the Executive proposed to modify the Penal Code to include sanctions for those who incite the crime of riot and the obstruction of public services, considering among them "communicators who, through mass media, have called for various marches, sometimes inciting violence.

Despite the objections, the delegation of powers was approved, containing a generic and imprecise safeguard that the laws to be approved will be carried out "without criminalizing the freedoms of information, opinion, expression and dissemination of thought, as well as the right to peacefully assemble without weapons or other fundamental rights recognized in the Political Constitution of Peru.”

FREEDOM OF EXPRESSION FREEDOM OF THE PRESS