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 November 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 November 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 November 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%

25/10

Government creates committee against misinformation about vaccination programs. Through the Decree No. 11.753/23, the Brazilian federal government created the Committee to Confront Disinformation on the National Immunization Program and Public Health Policies. The initiative is part of a set of actions that seek to recover high vaccination coverage in the country and confront the effects of misinformation.. The committee operates under the coordination of the Ministry of Social Communication and is made up of various bodies such as the Attorney General of the Union, Controllership-General of the Union and the Ministries of Science, Technology and Innovation; Justice and Public Safety, and Health. Its objective is to propose strategies, carry out studies, articulate actions with federal entities and civil society, in addition to promoting research to confront misinformation related to health policies. The program also includes the availability of reliable information on vaccination on the portal «Health with Science«, encouraging the participation of the population in the search for clarifications on dubious content. The committee will hold regular monthly meetings, with extraordinary meetings as necessary.

DISINFORMATION

27/10

Bill seeks to criminalize the automated creation of false audiovisual content during elections- On October 27.10, federal deputy Rafael Brito (MDB/AL) presented the bill no. 5241/2023. The proposal seeks to modify the Brazilian Electoral Code to classify the crime of dissemination, during the electoral campaign period, of videos and audiovisual content with "deep fake", which have the objective of misleading the electorate, defaming candidates or political parties, or fraudulently influencing the result of the elections. The proposal defines "deep fake" as "any audiovisual material that, deliberately and artificially, modifies the speech, image or sound of an individual, through artificial intelligence techniques or media manipulation, in order to create a representation false and unauthorized. In its justification, the deputy noted that the evolution of audiovisual content manipulation technologies has presented significant challenges to the integrity of democratic processes, promoting an environment of widespread disinformation and undermining the credibility of state institutions.

ELECTIONS DISINFORMATION DEFAMATION

01/11

Secretary determines the withdrawal of false advertisements related to a federal government project. La National Consumer Secretariat (Senacon), a body linked to the Brazilian Ministry of Justice and Public Security, ordered Google and Facebook to eliminate ads falsely linked to the federal travel incentive program "Voa, Brazil", under penalty of a daily fine of R$150 thousand. According to the body, scammers on platforms would be fraudulently using the SCHEDULE, which aims to offer plane tickets at affordable prices to the population, but which has not yet been launched by the federal government. The determination was established through a precautionary measure and includes the opening of an administrative process. In addition, the platforms must, within a period of 2 days, remove advertisements related to the program, take measures to prevent illegitimate content from being disseminated again and, within a period of up to 10 days, present a transparency report on the Measures taken to contain the spread of this type of fraudulent content. The Senacon decision took into account the investigation of the netlab, a research center linked to the Federal University of Rio de Janeiro, which identified that more than 622 fraudulent ads related to "Voa, Brazil" were displayed on the platforms since October 3 of this year.

DISINFORMATION

06/11

Bills seek to criminalize the creation of fake nudity images using artificial intelligence. Federal deputy Erika Kokay (PT/DF) presented before the Chamber of Deputies the bill no. 5394/2023, which seeks to modify the Brazilian Penal Code to criminalize the adulteration, montage or modification, through artificial intelligence, of photographs, videos or any other form of visual representation related to the privacy of the person. In addition to this project, the deputy also proposed the PL No. 5359/2023, which contemplates the modification of the statute of children and adolescents (Law No. 8.069) to penalize the same type of practice against children, including as a crime the acquisition and possession of said material, as well as other conduct related to pedophilia on the Internet.. In justifying the proposals, the deputy pointed out the growth in the use of technological instruments and their potential danger when used for "evil purposes," mentioning the case reported last week regarding the creation, through the use of AI, and dissemination of intimate images of students from the Santo Agostinho School, in Rio de Janeiro. Also on November 6, deputy Marcelo Álvaro Antônio (PL/MG) presented to the Chamber the bill no. 5342/2023, which, in the same sense, seeks to modify the Penal Code to add as a crime what it calls "fake porn", covering the creation, dissemination and commercialization of unauthorized images of nudity or sexual nature, generated by software and artificial intelligence, among other provisions. In its justification, the deputy pointed out the increase in the number of sites known as "deepfake porn", in addition to other recent cases in the country, like that of the Brazilian actress Isis Valverde, whose image was altered and spread on social networks.

ARTIFICIAL INTELLIGENCE PRIVACY

23/11

Ronal Rivera was convicted, former detective of the defunct Administrative Department of Security, for the illegal surveillance, harassment and psychological torture of journalist Claudia Julieta Duque, as retaliation for her investigations into the murder of journalist Jaime Garzón in 1999. The conviction comes seventeen years after the beginning of the attacks. In her sentencing, the Superior Court of the Judicial District of Bogotá recognized that the violence had a gender component, since, among other things, there were threats of sexual assault against Duque and her daughter.

VIOLENCE AGAINST JOURNALISTS PRIVACY

24/11

A public hearing was held to discuss the bill 243/23 C, which seeks to dictate provisions to strengthen the legal framework that currently allows intelligence and counterintelligence activities to be developed in Colombia. Among other things, this project reduces the retention time of the information collected in these activities from 30 to 15 years.

INTELLIGENCE AND COUNTERINTELLIGENCE PRIVACY

01/11

The organization Article 19 condemned the threats against journalist Sandy Guadalupe González Rodríguez, a reporter for Canal 5TV, by an assistant to Deputy Luis Humberto Aldana Navarro, in Chetumal, Quintana Roo, and demands that Deputy Aldana and his staff refrain from any type of speech or aggression against freedom of expression and access to information. information from the journalist, and the Congress of Quintana Roo as a whole to train the public servants who work at that headquarters.  

VIOLENCE AGAINST JOURNALISTS

09/11

Jointly, various civil society organizations, the Representative of the United Nations High Commissioner for Human Rights in Mexico, and the National Institute of Transparency, Access to Information and Protection of Personal Data  presented in the 188th period of hearings of the Inter-American Commission on Human Rights, their concern about the lack of appointment of three members of the INAI and the impact on the right to information and protection of personal data. 

ACCESS TO INFORMATION

The organization Article 19 reported the aggression committed on November 2 of that same year against reporters Franco Cardel and Carlos Parra, from the Veracruz en Alerta portal, by police officers from the Public Security Secretariat of the State of Veracruz. Although the attacks were recorded in photos and videos, the aforementioned agency denied the facts. Due to the above, the organization requests that the Secretariat of Public Security of Veracruz refrain from attacks against journalists; initiate administrative proceedings against police officers; and train its staff in human rights, particularly the rights to freedom of expression and journalism. While the Veracruz Attorney General's Office is asked to carry out a diligent investigation of the events. 

VIOLENCE AGAINST JOURNALISTS

The Senate of the Republic declared the installation of the Digital Rights Commission, which will be chaired by Senator Noe Castañón. 

FREEDOM OF EXPRESSION

13/11

The organizations Article 19 and Communication and Information of Women AC They condemned the harassment against journalist María del Rosario Martínez de la Vega, correspondent of Los Ángeles Press in Guanajuato derived from the process initiated by personnel from the Secretary of Health of the State of Guanajuato; For this reason, the public servant was urged to cease any judicial process against the journalist María del Rosario Martínez de la Vega; the Secretary of Federal Health to urge his staff not to create a hostile environment against the journalistic union; to the Protection Mechanism for Human Rights Defenders and Journalists to comply with their obligation to care for and protect the journalist; and, to the National Human Rights Commission to investigate the facts. 

VIOLENCE AGAINST JOURNALISTS

17/11 

The organization Article 19 reiterates its concern about the repeated threats against journalists in the State of Guerrero. The digital attacks were reported on August 22, October 31 and November 14, so Article 19 requires Governor Salgado Pineda to comply with her obligation to protect journalists; to the Attorney General's Office to carry out a diligent investigation into these events; and, to the Protection Mechanism for Human Rights Defenders and Journalists to immediately accompany the victims. 

VIOLENCE AGAINST JOURNALISTS

01/11

A group of women calling themselves representatives of the common pots in Lima They gathered in front of the canal facilities television station Latina TV, with shouts and signs against the television channel and the journalist Mónica Delta. This incident occurred in response to a report from the Punto Final program, conducted by Delta, where participants of the communal soup kitchens in Lima reported receiving an insufficient amount of food for their beneficiaries. Simultaneously, the mayor of Lima, Rafael López Aliaga, mentioned in the report as allegedly responsible for the poor distribution of food, announced his intention to sue Mónica Delta for defamation.

FREEDOM OF EXPRESSION

10/11

The results of the Chapultepec Index were published during the 79th General Assembly of the Inter-American Press Association in Mexico City. Peru experienced a new setback in the indicator compared to the previous year, placing it in the group of nations "with restrictions" on freedom of expression with 50.69 points out of a maximum of 100. The situation worsened especially in areas such as violence and impunity.

FREEDOM OF EXPRESSION

20/11

Journalists from various media were attacked during coverage of the session of the Provincial Municipality of Trujillo. The attackers were identified as followers of Mayor César Arturo Fernández Bazán. Several followers of the mayor entered the municipal headquarters, interrupting the session to attack the councilors. Simultaneously, they surrounded the press teams covering the session and directed offensive expressions at them such as "sold press" and "jam press." The Human Rights Office of the National Association of Journalists reported that some Fernández followers pulled cables and cameras from the journalistic equipment when they were removed. 

VIOLENCE AGAINST JOURNALISTS

22/11

The National Association of Journalists expressed his rejection given the lack of transparency recorded during the session of the National Control Authority of the Public Ministry, in charge of evaluating the appeal of the sanction of prosecutor Rafael Vela, in charge of the Lava Jato special team. Journalists from various media were prevented from virtually accessing the hearing, thus affecting citizens' right to information in a case of high public interest.

ACCESS TO INFORMATION