Universidad de Palermo
 
CELE
Center for Studies on Freedom of Expression and Access to Information
cele@palermo.edu l (54 11) 5199-4500 ext. 1213 l Español l English
Estudiantes Internacionales  
  Reuniones Informativas   Inscripción Online   Solicitud de Información  
 
 
FREEDOM OF EXPRESSION »
Research
» Ongoing Research
» Completed Research
Legislation
» Constitutional Law (Spanish)
» Other Regulations (Spanish)
International Organizations Reports
» UN
» OAS
Publications »
Freedom of Expression on the Internet Initiative (iLEI) »
 
  COMPLETED RESEARCH
Freedom of Expression and Criminal Law
Freedom of expression and freedom of the press are central to the development of democratic and pluralistic societies. Under dictatorial regimes, the exercise of these rights is restricted and permanently at risk. Even in democratic states, criminal law can be used to silence voices that are critical to those in power.

In this context, CELE, in response to a request from the Office of the Special Rapporteur for Freedom of Expression of the Organization of American States (OAS), has proposed to undertake an exhaustive analysis of the legislation, jurisprudence and existing practices relating to criminal law in situations in which it could come into conflict with Inter-American standards of the protection of freedom of expression. This study analyzed the situation in ten countries in the region.
...............................................................................................................................................................................
Institutional design, institutional capacities and effectiveness of the agencies charged with the protection of journalists and investigation of crimes against the press
Attacks on journalists are among the most serious violations of freedom of expression. These attacks not only have consequences for the victims but also affect society as a whole because they prevent the full realization of the right to information, a fundamental pillar of our democracies.

In order to continue working with the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights – that included the issue as a priority on its agenda – CELE analyzed the public policies that aim to protect the press from these attacks and to reverse the degree of impunity in the region.

This project of CELE, completed with the support of the Open Society Foundation, aimed to describe the established institutional designs to meet the obligation of the states to protect freedom of expression. The original focus lay in the attention of the extra-legal aspects of the problem, in the analysis of the influence of institutional design and the agencies in charge of the protection of journalists and the investigation of crimes against the press on the obtained results.

The project, developed as a comparative case study in Mexico, Colombia and Guatemala, will have two final products. On one hand, a report that will analyze each one of the cases assessing how the institutional design affected the effectiveness of the implemented policies, and, on the other, a document with recommendations for the states.
...............................................................................................................................................................................
Freedom of Expression and Internet
Since its creation, CELE has been interested in investigating issues related to the right to exercise the freedom of expression in this era, marked by information and telecommunications.

The project, Freedom of Expression and Internet, addressed issues such as content filtering on the internet, retention and protection of personal data, liability of service providers and the problem of jurisdiction in cases of defamation for online content. As part of this research, CELE worked together with academic and international experts who produced articles that analyzed the situation in Latin America.

In September of 2011, CELE hosted a workshop held at the University of Palermo where these issues were presented and the discussion around the issues deepened. Also, as part of this project, CELE organized the conference “Moving towards an Internet free of censorship” that was attended by Dawn Nunziato, professor at George Washington University Law School and renowned international expert, as the main speaker.

The final product of the research is the publication Moving towards and Internet free of censorship. Problems and proposals for Latin America include the items developed under the project, as well as a document with conclusion and recommendations for the development of the public policies in these areas.
...............................................................................................................................................................................
Monitoring of the Freedom of Press in the Andean Region
With support from UNESCO, CELE provided technical assistance to the nongovernmental organizations nucleated in the Andean Group for the Freedom of Expression for the design of a common tool to monitor violations of freedom of expression. This tool is a unique instrument that collects the international standards for monitoring the freedom of expression and, in turn, includes new parameters to monitor violations of freedom of expression in order to properly reflect the specific needs of the region.

Currently, the organizations of the Andean Group for the Freedom of Expression conduct monitoring in their countries using this tool and the information is being systemized through a common database. This facilitates the diagnostic statistics and identifying trends in the short, medium and long term, which enables organizations to have a greater impact on the situation of freedom of expression in the Andean region. As part of this project, CELE conducted two workshops in city of Quito.
...............................................................................................................................................................................
The situation of the freedom of expression in the Andean region
This investigation aimed to portray the actual state of the situation of the freedom of expression in Colombia, Peru, Ecuador, Bolivia and Venezuela. CELE drew on different sources to conduct a survey of the recent developments most important the Andean region that affect the right of freedom of expression, including the Annual Reports of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (OAS), local NGOs, and organizations responsible for monitoring this right for the countries concerned.

The study identified common problems and developed recommendations. Also, the research was used as input for the preparation of a report introduced by civil society organizations from these countries before the Commission of Inter-American Human Rights.
» See PDF (in Spanish)
...............................................................................................................................................................................
Freedom of Expression on the Internet

This research analyzed recent Argentine jurisprudence in cases where celebrity plaintiffs brought suit against the search engines Google and Yahoo for violating their honor and privacy. It describes the facts of these cases, the arguments presented to the court and the reasoning judges have adopted in their decisions for injunctive relief. The research also compared the legal arguments presented by Argentine judges to justices of the United Kingdom on similar events.

CELE, prepared, from this research, a presentation for the workshop "Freedom of the Press and Internet: Challenges and strategies for defending freedom of expression online", held at Oxford University in July 2009.

During 2010, CELE updated the first version of the document and presented it during a workshop held in Buenos Aires, the "Latin American Consultation of Experts on Freedom of Expression in the Internet". This activity, organized by DEMOS Institute and CELE, had as the main speaker Frank La Rue UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression.

Also attending the event were Eduardo Bertoni -Director of CELE-, Gustavo Gómez -Director of DINATEL, Uruguay-, Toby Mendel - Executive Director of the Centre for Law and Democracy-, Carlos Ayala Corao -former Commissioner of the IACHR-, Roberto Saba, -Dean, University of Palermo School of Law-, Stewart Chisholm -Open Society Institute-, and Pedro Less Andrade -Google Argentina-, among others.

» see PDF
...............................................................................................................................................................................
Freedom of Expression in the Americas
The Regional Alliance for the Freedom of Expression and Access to Information asked Eduardo Bertoni, Director of CELE to undertake a study that attempted to describe the state of freedom of expression in the Americas during the last ten years.

This study further analyzes the violations of freedom of expression exposed by the Office of the Special Rapporteur for Freedom of Expression by categorizing each event in addition to organizing them by country. By using this different, quantitative approach, CELE was able to shed new light on the state of freedom of expression in the region.
» see PDF
...............................................................................................................................................................................
Hate speech and freedom of expression
The Office of the High Commissioner for Human Rights (OHCHR) asked Prof. Eduardo Bertoni, Director of CELE, to research, analyze and present a study on the prohibition of incitement to hatred in the following areas related to the Americas: 1) legislation, 2) judicial practices, and 3) policies. Carlos J. Zelada, professor at the Pontificia Catholic University Law School of Peru and the San Martín de Porres University Law School, collaborated with Professor Bertoni on this research. The study will serve as the basis for discussions in one of the four regional workshops that OHCHR will organize in 2011.

OHCHR will organize a series of expert workshops on the prohibition of incitement to national, racial or religious hatred, which will explore legislative patterns, judicial practices and national policies on this subject. This initiative of the High Commissioner for Human Rights comes in follow-up to the 2008 OHCHR Expert Seminar on the links between articles 19 and 20 of the International Covenant on Civil and Political Rights with regard to freedom of expression and incitement to hatred. OHCHR envisions holding 4 regional workshops (Europe, Africa, Asia Pacific and Americas). Each of the regional workshops will need to be thoroughly prepared beforehand by researching, analyzing and mapping legislative patterns, judicial practices, and national policies regarding the prohibition of incitement to national, racial or religious hatred.

The other experts that will be preparing the studies are Mr. Louis-Léon Christians (Europe), Mr. Doudou Diène (Africa) and Mr. Vitit Muntarbhorn (Asia-Pacific).
» see PDF (in Spanish)
...............................................................................................................................................................................
 
 
¿Desea Información?
Tel.:
 
   
CELE Facebook Twitter
 
 
  UNIVERSIDAD DE PALERMO
Centros de Informes e Inscripción: Av. Córdoba 3501, esq. Mario Bravo | Av. Santa Fe esq. Larrea 1079. Ciudad de Buenos Aires Argentina | Tel: (5411) 4964-4600 | informes@palermo.edu
 
Comunidad UP
Facebook
Twitter Twitter
RSS RSS