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 May 2022

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

Topics bills presented between August 2021 and May 2022

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 bills presented between August 2021 and May 2022

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%

11/05

It has been observed that different political figures have spoken out in the framework of the demonstrations that have taken place in recent months in the country. Positions that have been the subject of criticism and debate due to the legislative proposals that have been presented to limit the protests that are presented against the government. Among these proposals is the bill that intends to present Martín Tetaz to regulate social protest and limit the movement of protesters. This is due to the fact that there is a disagreement with the occupation generated by the protesters on the roads and main streets of the cities. 

FREEDOM OF EXPRESSION

12/05

Former President Mauricio Macri proposed limiting the right to strike of teachers for considering that the service to education is an essential strategic service which should not be interrupted by a strike. Likewise, he expressed his support for the bill of law promoted by former Minister of Education Alejandro Finocchiaro so that educational institutions and hospitals must have minimum guards and the right to strike is limited. 

FREEDOM OF EXPRESSION

19/04

Augusto Aras v. Conrad Hubner. The Federal Regional Court of the 1st Region accepted the appeal of the Attorney General of the Republic Augusto Aras, requesting the reception of a criminal complaint against the university professor and columnist, Conrado Hübner, for alleged practice of insults, slander and defamation. The petition was dismissed at first instance, but the Court considered that the professor's statements could, in theory, constitute slander, for attributing to Aras the practice of the crime of prevarication. The process now returns to the first instance, where criminal action can be brought, but the decision of the Federal Regional Court can still be appealed. To learn more about the topic, see the May 2021 monthly newsletter.

CALUMNIES AND INJURIES FREEDOM OF EXPRESSION

03/05

Kajuru v. Vanderlan Cardoso and Baldy. The Supreme Federal Court (STF) decided to receive the criminal complaints filed by Senator Vanderlan Cardoso and former federal deputy Alexandre Baldy against Senator Jorge Kajuru for assess whether their manifestations constitute slander and defamation. In videos posted on social media of him, Kajuru calls Cardoso a "dumb billionaire", "useless" and an "incompetent idiot" and claims that he "went into politics to do business". He had also said that Baldy is part of a gambling scheme, that he would be the head of a local gang and calls him a "swindler" and a "peak clerk". Minister Gilmar Mendes, rapporteur for the actions, considered that Kajuru's statements are not covered by parliamentary immunity for not being related to the mandate, and highlighted the fact that the offenses have been disclosed on social networks, which broadens their reach.

CALUMNIES AND INJURIES FREEDOM OF EXPRESSION

The minister of the Superior Court of Justice and rapporteur of the case, Marco Aurélio Bellizze, voted for upkeep de the sentence of the 3rd Chamber of the STJ, issued in 2018, which ruled in favor of the deindexation of search engine results. In his vote, Minister Bellizze stated that «the issue was decided under the prism of the fundamental rights to privacy and intimacy, as well as the protection of personal data, and not based on the right to be forgotten» and that the STF itself affirmed in its decision that the deindexation of results cannot be confused with the right to be forgotten. The other ministers of the 3rd Chamber of the TSJ have not yet cast their vote.

PERSONAL DETAILS PRIVACY RIGHT TO BE FORGOTTEN

09/05

STF v. Bolsonaro (II). The Minister of the Federal Supreme Court (STF), Alexandre de Moraes, determined the accumulation of the cases in the investigations into President Jair Bolsonaro's statements about electronic ballot boxes (PETs 9.842/DF y 9.833/DF), together with the investigation of the Digital Militias (Inq 4.874/DF). The proceedings deal with possible crimes committed by Bolsonaro during the live broadcasts in which the president claimed that the electronic ballot boxes were insecure and that the 2014 and 2016 elections were rigged. On the other hand, investigation No. 4.784/DF, opened in 2021 and known as «Digital Militia Inquiry«, investigates the alleged existence of a digital criminal organization with the intention of attacking democracy. The accumulation was requested by the Attorney General's Office, under the argument of the need to jointly analyze the elements of the investigations so that the PGR decides whether to file charges against Bolsonaro.

CYBER CRIMES

11/05

Zibenberg vs. Moraes. The São Paulo Court of Justice upheld the conviction for moral damages against lawyer and blogger Alexandre Cezar Zibenberg, for a publication in which he accused the minister of the Federal Supreme Court (STF), Alexandre de Moraes, of receiving a bribe. Zibenberg had posted on his Instagram, in June 2020, an image with the following text: "THE SCANDAL NO STF Minister Alexandre Moraes received bribes from the train cartel, says former Siemens director." In the decision, the judge said that the publication "far exceeds freedom of opinion and expression, since it violates the objective and subjective honor of the author [Moraes], by imputing the practice of a crime." The lawyer and blogger had been sentenced in the first instance to pay a fine of R$50.

FREEDOM OF EXPRESSION

03/05

On May 3, a bill 318/2021C was debated in the Senate that seeks to establish "protection measures for people in the scourge of prostitution." Among other things, the project establishes sanctions for "companies, platforms or entities" that directly or indirectly encourage or promote prostitution. This rule would make Internet companies responsible for content published by third parties, which ignores international standards on the responsibility of intermediaries. A group of civil society organizations presented a letter to Congress asking for the elimination of the norm.

LIABILITY OF INTERMEDIARIES

17/05

On May 17, the law that restores the normal response times for requests for access to information. In March 2020, the national government had issued Legislative Decree 491, which extended the response times for petition rights due to the Covid-19 pandemic. Despite the normalization of the activities of public institutions, the Government had refused to reverse the measure. Consequently, Congress approved this law that repeals two articles of Decree 491. However, the Government objected to the law for inconvenience. Finally, the law was sanctioned after the House and Senate rejected the president's objections.

ACCESS TO INFORMATION

19/05

On May 19, the Constitutional Court reported which made its decision (sentence T-143-22) in the case of the tutela action filed by four women for the compulsory use of the CoronApp application. Since the use of the application was no longer mandatory, the Court declared a fact over. However, he warned the Government that it is obliged to apply the habeas data legislation and jurisprudence.

DATA PROTECTION PRIVACY

23/05

The Foundation for Press Freedom (FLIP) denounced that the first half of 2022 has been the most violent electoral period against the press in the last decade. In March, elections to Congress and inter-party consultations were held to define the candidates for the presidency. In addition, in May and June the first and second presidential rounds will be held. According to FLIP, in the first five months of the year there was a 59% increase in threats against the media and journalists compared to 2018. Araca and Bajo Cauca are the regions with the most threats.

VIOLENCE AGAINST JOURNALISTS FREEDOM OF THE PRESS

18/04

Constitutional Convention Chile: proposals for norms rejected and approved on the right to communication. The plenary session of the Constitutional Convention of Chile rejection last Tuesday, April 12, the approval of several articles, among them, the one referring to the "protection of the work of communication", where it was intended that the State guarantee "the protection and safety of journalists and social communication workers, and of those who carry out the work of communicating and informing in any format and communication platform”. An article that established that "the State will develop mechanisms to access a diverse, plural media education, with a gender and human rights approach" did not receive enough votes either. These two proposals are left out of the final draft text. 

FREEDOM OF THE PRESS

20/04

Meanwhile, in the plenary session held on April 20, it was approved the first paragraph of the norm that guarantees the existence of "a system of public media in different technological supports, that respond to the informational, educational, cultural and entertainment needs of the various groups of the population" and the first paragraph of which states that "the telecommunications infrastructure is of public interest, regardless of its patrimonial regime." The rejected paragraphs of these norms must be re-presented by the Convention's Systems of Knowledge, Culture, Science, Technology, Arts and Heritage Commission, to be voted on again in plenary session.

REGULATION OF TECHNOLOGIES

22/04

The Independent Technical Body for Internet speed measurement in Chile is put out to tender again. Five years after the Law of Minimum Guaranteed Internet Speed ​​was published, the Undersecretary of Telecommunications (Subtel) announcing a new call for tenders to define an Independent Technical Organization (OTI) in charge of measuring Internet speed in Chile. Although a previous tender had been made, it was declared void a few years ago.

INTERNET ACCESS

26/05

The initiative that proposes to approve the National Cinematography Law. is still found pending to receive an opinion from the Culture and Public Finance and Currency Commissions (by virtue of certain financial incentives contemplated in the bill). Article 1 makes it explicit that "as an artistic expression, freedom of creative expression is guaranteed in cinematographic activity...". However, it is noteworthy that article 29 of the aforementioned initiative contemplates that cinematographic works that constitute a crime according to a judicial sentence cannot benefit from the promotion measures provided for therein. It is not clear if it would be a "criminal" work for issues related to copyright or for its content itself. The only positive thing about this strange arrangement is that it definitely does not take a stance that could amount to prior censorship. 

FREEDOM OF EXPRESSION CENSORSHIP

It was also presented to the plenary session of the Congress of the Republic, an initiative that provides for the approval of reforms to the General Telecommunications Law of Guatemala. Nor has it received an opinion from the Communications, Transportation and Public Works Commission, so the respective parliamentary debate has not yet begun. This initiative seeks to strengthen the institution of the Fund for the Development of Telephony (focused on rural areas of the country), and broaden the mandate of the fund so that it is not limited only to access to mobile or fixed telephony, but includes all type of telecommunications services, especially to achieve connectivity and Internet access, and thereby reduce the digital divide and generate equal opportunities in terms of access to telecommunications services.

CONTENT REGULATION INTERNET ACCESS

From May 26 to 29, the Central America Counts Festival 2022. It is an activity that aims to bring together writers from the region and Spanish-speaking countries in general (mainly) coordinated by the great author, novelist and essayist Sergio Ramírez. The interesting thing about this edition (it has been running for several years, originally in Nicaragua, and now in Guatemala) is that it has been given special emphasis on freedom of expression. Thus, on the 26th, a discussion entitled "Truth and Writing, From Journalism to the Novel" is held, and on the 27th, another discussion entitled "Raising the Voice in Times of Censorship: Freedom of Expression in Journalism" is held. This theme within an event normally dedicated more to literature and its various manifestations, denotes the concern of its organizers about the state of the situation of freedom of expression in most countries of the Central American region.

FREEDOM OF EXPRESSION 

04/05

El Front for Freedom of Expression and Social Protest (FLEPS), Platform for Peace and Justice in Guanajuato and Communication and Information of Women AC (CIMAC) they condemned the police abuse in the framework of a feminist protest in the State of Guanajuato. During the demonstration, 33 arbitrary arrests were reported. These organizations demand that the Security Secretariat, the Attorney General's Office and the Human Rights Commission investigate the facts; and, on the other hand, the Mechanism for the Protection of Journalists and Human Rights Defenders install adequate protection measures, while the State Commission for Victims, provide care measures.   

FREEDOM OF EXPRESSION

09/05

La Supreme Court of Justice of the Nation (SCJN) declared unconstitutional the crime of cyberbullying regulated in the Criminal Code of the State of Yucatan, by virtue of the fact that it did not comply with the principle of legality in its strictness in criminal matters. In this regard, civil society organizations such as Article 19 y R3D applauded this important precedent. 

CYBERCRIME PENAL CODE

12/05

La Supreme Court of Justice of the Nation (SCJN) resolved the constitutional controversy presented by the Attorney General of the Republic against the decision of the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI) in which it was instructed to give the information of names and positions of all substantive personnel of the Attorney General's Office. The SCJN indicated that if said information were released, the security of the Mexican State would be put at risk. In this regard, various civil society organizations, including Article 19, Fundar, Gesoc, Mexican Transparency, among others, expressed their concern about the resolution because it goes against the unassailability of INAI determinations. 

PERSONAL DETAILS SURVEILLANCE

Article 19 reported that in the last three months, various journalists have been threatened in the framework of the electoral process in the State of Tamaulipas. In particular, the candidates Américo Villarreal Anaya (MORENA) and Arturo Díez Gutiérrez (Citizen Movement) are singled out, for which it is up to the Political Parties to adhere to the standards of freedom of expression and refrain from threatening the press, and to the State Institute Electoral of Tamaulipas to carry out actions to prevent attacks on journalists. 

FREEDOM OF EXPRESSION VIOLENCE AGAINST JOURNALISTS FREEDOM OF THE PRESS

13/05

El Judiciary of Mexico City determined that Mr. Emilio Lozoya morally harmed the journalist Lourdes Mendoza, for which he ordered the payment of compensation in favor of the latter.  

FREEDOM OF EXPRESSION FREEDOM OF THE PRESS

16/05

La Supreme Court of Justice of the Nation (SCJN) resolved two appeals for review promoted by the Legal Advisor of the Federal Executive based on the provision that allows questioning resolutions of transparency under the argument of national security. In both cases, the confidentiality of the information on vaccine purchases due to COVID19 was determined, since it was considered that its disclosure could hinder actions to combat other pandemics. In this regard, the civil society organization Article 19 questioned the determination for violating the right of access to information and weakens the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI).

TRANSPARENCY ACCESS TO INFORMATION

19/05

La Supreme Court of Justice of the Nation (SCJN) declared unconstitutional the provisions of the criminal codes of Quintana Roo and Coahuila, with which it sought to criminally prohibit the communication to third parties of police functions.   

PENAL CODE

04/05

The International Forum on cooperation between Argentina, Brazil, Paraguay and the United States of America in the fight against organized crime, money laundering and cryptocurrencies, organized by State Alumni Paraguay and the “William Perry” Center for Hemispheric Defense Studies

The event is aimed primarily at criminal justice operators, security-related agents, and State institutions that are cross-related to the international cooperation and the fight against organized crime, money laundering and cryptocurrencies from all over the country, as well as justice and security operators from Brazil and Argentina.

MEDIA REGULATION CYBERSECURITY

The National Telecommunications Commission (Conatel) presented the National Telecommunications Plan, which has among its main objectives the expansion of coverage, the increase in penetration and the quality improvement in services such as broadband internet. The three main axes of the aforementioned plan are the expansion of coverage, the increase in penetration and the improvement of quality, which in turn are related to other objectives that have been outlined in the National Development Plan 2030 and the Objectives Sustainable Development (SDG).

INTERNET ACCESS

10/05

During the last few days, there has been a significant increase in the number of reports of child abuse that have been registered in educational institutions. The increase could be a reflection of the dangerous viral challenges in different social networks, which push children and adolescents to commit violent acts, without measuring consequences, warned Miguel Ángel Gaspar, director of Paraguay Ciberseguro and Ciberpadres Latin America.

“Digital services today have a lot of content of a very large caliber for children to size, understand and assimilate. If we expose children to fake news or these challenges, which are viral, many times they alone do not have the ability to understand that it can lead to complications and even death. That moment of digital solitude is taken advantage of by the circumstances of unscrupulous cybercriminals in order to seize the victim. This is the complex picture”

CYBER CRIMES CYBERSECURITY PROTECTION OF MINORS

17/05

Miguel Ángel Gaspar, director of the Fundación Paraguay Ciberseguro, pointed out that measures must be taken to prevent episodes of violence from being repeated in educational institutions and harm to children by cybercriminals, about which, according to him, in many cases they are derivatives lack of security in the use of digital devices.

CYBERSECURITY PROTECTION OF MINORS

19/05

Presented in the Senate Bill that “Modifies articles 10, 11, 13, 34, 50 and 62 of Law No. 1.562/2000, 'Organic Law of the Public Ministry, for the protection of fiscal agents assigned to the investigation in drug trafficking cases, money laundering assets and organized crime»

The Bill provides that the Public Ministry will protect those who, by collaborating with the administration of justice, are in danger of suffering any harm, especially in the case of punishable acts linked to organized crime or related to abuses of power or violations of rights. Human Rights, as well as cases of DRUG TRAFFICKING, MONEY LAUNDERING AND ORGANIZED CRIME” through a permanent program to protect witnesses, victims, their own officials and prosecutors assigned to drug trafficking cases, money laundering organized crime, through the implementation of assistance and protection measures under the provisions of Law 1337/1999 and its amendments.” 

PENAL CODE

06/04 

The journalistic team of América Televisión had to protect in a hotel in front of a mob of hooligans who threatened to lynch them. The incident occurred in Ica, a region in the south of the country. The journalists had traveled to cover a carrier strike. The press team reported acts of violence and vandalism by the demonstrators who, with stones and sticks, attacked several private and public facilities, including a police station that was set on fire. 

VIOLENCE AGAINST JOURNALISTS

09/04

The executive power he presented to Congress the bill that proposes to prohibit monopolies and oligopolies. In addition, regarding social communication media, the initiative proposes, in addition to the prohibition of monopolies that already existed in the Constitution, the prohibition of cross-ownership without any distinction. This initiative has been criticized from various sectors, because it would represent a retaliation by Prime Minister Aníbal Torres specifically against some business groups that have a presence in more than one media outlet, as is the case of Grupo El Comercio.  

FREEDOM OF EXPRESSION FREEDOM OF THE PRESS

17/04

President Pedro Castillo sent a notarized letter to the television program Panorama for having indicated in a television report that a supplier of the State would have participated in a recreational soccer match with the head of state. In addition to requesting rectification, the president warned that he would file a complaint with the director of the journalistic program for the crime of defamation, despite the fact that no real malice was noted in the report in question and contrary to inter-American standards that prevent criminal punishment for the case. of expressions about public officials

FREEDOM OF EXPRESSION DEFAMATION 

21/04

Members of the far-right fan groups La Resistencia, Los Insurgentes and Los Combatientes they arrived again to the exterior of the IDL-Reporteros premises to shout insults and threats against the director of the media outlet, Gustavo Gorriti, and his journalists. Rudy Jordan, part of the IDL-Reporteros team, was attacked by one of the fans while the journalist was recording the events.

VIOLENCE AGAINST JOURNALISTS