Internet Regulation in Latin America: Are we Moving in the Right Direction?

Abstract:
Initially, the global debate over Internet regulation questioned whether any regulation is necessary. These discussions have since moved beyond this question to consider a wide array of new regulatory challenges, such as which online activities require regulation; what regulation is most effective; and, what is the desired outcome of these regulations.

Latin American countries have in recent years begun addressing these questions through legislation aimed at improving existing regulations. In his recent edited work, “Towards an Internet Free of Censorship: Proposals for Latin America,” Professor Eduardo Bertoni discusses the responsibility of intermediaries, the management of private data, content filtering, and the applicability of jurisdiction, within the context of Latin America. During his presentation, "Internet Regulation in Latin America: Are we Moving in the Right Direction?” Prof. Bertoni will expand upon these themes by exploring the legal questions they raise and will present specific cases from Latin America to illustrate recent examples of regulatory challenges. The presentation will encourage a discussion of how these questions and alternatives can be answered in Latin America, with a comparative perspective in mind. These answers are of crucial importance due to the effect they could have on the politics of freedom of expression.

 Prof. Eduardo Bertoni is director of the Center for Studies on Freedom of Expression and Access to Information at Palermo University School of Law, in Buenos Aires. He teaches Human Rights and Criminal law at Palermo University and University of Buenos Aires. He served as executive director of the D.C.-based Due Process of Law Foundation from 2006 to 2009 and as special rapporteur for freedom of expression of the Inter-American Commission of Human Rights at the Organization of American States from 2002 to 2005. Prof. Bertoni has also been a legal advisor to nongovernmental human rights organizations in Argentina and an advisor to Argentina’s Ministry of Justice and Human Rights. He has published opinion pieces on democracy and human rights in leading newspapers in the Americas and has written several publications on the right to freedom of expression, judicial reforms, and international criminal law. During his fellowship, Prof. Bertoni plans to explore the prospects for and obstacles to freedom of expression on the Internet in Latin America, including recommendations to ensure that increased access to the Internet promotes, rather than undermines, free speech.