Internet Content Filtering in Latin America: Reasons and Impacts on Freedom of Expression 1

In December 2010, the Venezuelan Congress approved a bill to regulate access to content and the use of Internet in the country. The bill was proposed to amend the Law on Social Responsibility in Radio and Television (Ley de Responsabilidad Social en Radio y Televisión, also known as Ley Resorte), which already restricts content broadcast by radio and television stations. Under this amendment, access to websites that distribute messages or information that ‘may be contrary to national security’ or that seek to ‘discredit legitimately constituted authorities’ may be restricted. Moreover, it establishes that Internet Service Providers (‘ISPs’) would be required to establish mechanisms capable of restricting the dissemination of messages, access to portals and disclosure of information related to the actions foreseen under this regulation. According to Reporters Without Borders, such provisions would enable indiscriminate Internet filtering mechanisms in clear detriment of freedom of access to information. ² As reported by NGO Espacio Público:

the project contains serious deficiencies regarding good legislative practice, which allows officials who have the responsibility of enforcing this legal instrument to act arbitrarily and discretionarily, which constitutes per se a violation of the human right of freedom of expression and leads to a selective and interested enforcement. ³

In Mexico, the Party of the Democratic Revolution (Partido de la Revolución Democrática) has submitted a bill on the monitoring and regulation of the use of social networks in the country. According to the bill, the mere exchange of information that helps others to violate the law would be considered a crime. Norberto Nazario, the proponent of the bill, claimed it was intended to help monitor and hamper the way drug cartels are using the net. Mexican Internet users had a critical reaction to the proposal: many have asserted that the law would serve as a mere excuse for the government to increase surveillance; they have even used the term ‘Big Brother’ to refer to the position the police has sought to take.