A photo of journalists dedicated to covering the agendas of nearby communities, like these ones in a town in Colombia, is uncommon in poor areas of Latin American countries, where millions of people have no access to information of local interest. CREDIT: Chasquis Foundation

By Humberto Márquez
CARACAS, Jun 14 2023 (IPS)

Without the means to receive information about what is happening around them, millions of Latin Americans who live in poor remote rural or impoverished urban areas inhabit veritable news deserts, according to an increasing number of studies conducted by journalistic organizations in the region.

There are, for example, 29 million people in Brazil, 10 million in Colombia, seven million in Venezuela and up to three-quarters of the Argentine territory without access to journalism due to the absence of media outlets, or because the few existing local outlets are dedicated to entertainment, rather than news.“When we talk about information deserts, we are also talking about what a robust media ecosystem implies: that there are not only enough media outlets, but also pluralism.” -- Jonathan Bock

“When we talk about information deserts, we are also talking about what a robust media ecosystem implies: that there are not only enough media outlets, but also pluralism,” said Jonathan Bock, director of the Colombian Foundation for Press Freedom (FLIP).

This plurality must encompass “the topics that are covered, diversity of formats, media that address different audiences. A healthy ecosystem,” Bock added in a conversation with IPS from the Colombian capital.

A Jun. 7 forum organized by the Venezuelan branch of the Press and Society Institute (IPYS) displayed atlases and maps on news deserts in Argentina, Brazil, Colombia and Venezuela, based on research by organizations of journalists and academics from those countries.

Even without extrapolating from the results of these assessments, it is possible to estimate that news deserts affect a good part of the region, judging by the structural deficiencies of the population, and by conflictive situations in the media and journalism in nations such as those of Central America and the Andes.

“The social and geographical marginalization found in parts of our countries means that important segments of the population are in these news deserts. For example, indigenous populations lacking media outlets in their languages,” Andrés Cañizález, founder and director of the Venezuelan observatory Medianálisis, told IPS.

Journalistic organizations from Argentina, Brazil, Colombia and Venezuela show maps or atlases that indicate, using colors, the most and least deserted areas in terms of access to news in their respective countries. CREDIT: IPS

Atlases and statistics

A study by the Argentine Journalism Forum (FOPEA), coordinated by Irene Benito, took a census of 560 areas in that country and considered 47.9 percent of them news deserts, 25.2 percent in “semi-desert” conditions, 17.1 percent as “semi-forests”, and 9.8 percent as “forests”, or areas with an abundance of media outlets and news.

“As in other Latin American nations, in many areas there are media outlets and journalists, but there is no quality coverage. They deal with other things, not the interests of their communities, while the propaganda apparatus of the powers-that-be is in overly robust health,” Benito said in the IPYS forum.

In Brazil, the most recent News Atlas, released in March, recorded the existence of 13,734 media outlets in that country of 208 million inhabitants, but not a single one in 312 of its 5,568 municipalities. These 312 municipalities are home to 29.3 million people with no access to local news.

Although hundreds of online media outlets emerge every year “and now more municipalities have at least one or two media outlets, many are not independent or are biased, because they depend on the city government or religious movements,” said Cristina Zahar, from the Brazilian Association of Investigative Journalism (ARAJI).

In a third of Colombia, where 10 of the country’s 50 million inhabitants live – many areas far from the big cities – there are no mass media, and in another third, home to 16 million people, the existing media outlets are dedicated to entertainment, according to FLIP’s Cartography of Information.

In Venezuela, seven million people live in municipalities where there are no media outlets, and that figure rises to 15 million – in a country of 28 million people – if municipalities with only one or two media outlets, considered “semi-deserts”, are included, according to IPYS.

Unlike other countries, “the situation has worsened, with the massive closure of radio stations ordered by the government – at least 81 in 2022 alone, and 285 since 2003 – with radio being the medium that has the greatest penetration in remote areas,” Daniela Alvarado, head of freedom of information at IPYS, told IPS.

Remote rural areas far from the main cities and often in border regions are among the most affected by deficient infrastructure and lack of media outlets that enable local residents access to general information about their local environment and possibilities of participation in decisions that concern them. CREDIT: ECLAC

Exclusion, once again

In the case of Colombia, one cause for the breadth of news deserts is violence, “war, one of whose strategic aims is to pressure or close down news, journalism that can reveal, report, warn and monitor what happens in areas of conflict,” said Bock.

In 45 years of armed conflict in Colombia, 165 journalists were murdered, “strategic killings, because they reported on things, and became symbols,” Bock stressed.

“But it also has to do with a different kind of exclusion, of weak economies and little interest on the part of politics and government institutions in promoting independent and plural journalism, seen in some contexts as the enemy, and with society getting used to it and not demanding” independent reporting, the Colombian analyst said.

Another thing that has happened in countries in the region is that “traditional media, and many new digital outlets, emerged and are concentrated where there was already an audience and sources of advertising, which is combined with pre-existing inequalities to create an abyss between big cities and small towns and the countryside,” said Cañizález.

In news deserts, infrastructure failures abound and there are absences or deficiencies in internet services, with providers that do not access these territories, aggravating the situation of local inhabitants who often only have simple mobile phones and cannot obtain news and information through digital or social networks.

However, news deserts are not exclusive to rural, remote or border areas; in cities themselves there is a dearth of local media outlets, or the outlets have their own agendas on issues in poor urban communities, which are also impacted by the crises that face journalism in general.

This is the case of Venezuela, which “is caught up in a complex and continuous economic, political and social crisis that has led to the deterioration of its media ecosystem,” Alvarado said, adding that it also faces “a communicational hegemony (on the part of the State) that is manifested in censorship and self-censorship.”

Newspapers and television stations were driven to shut down, by government decision or suffocated due to lack of paper and advertising, or their sale paved the way for their closure; or, as in the case of many radio stations, closure is a constant looming threat. Online media suffer from internet cuts and harassment of their journalists.

Even in urban areas, such as this one in Caracas, the adverse climate of news deserts has an impact, for example with the closure of print media outlets caused by political decisions or economic crises, which forces traditional kiosks to subsist by replacing newspapers, which are no longer available, with candy and snacks. CREDIT: Public domain

What can be done?

“The challenge seems immeasurable, but we are not sitting quietly by, we must not give up on what is our right as a community public service,” said Benito.

The State “should promote, at least in the area of ​​its competence, which is radio, television and internet, inclusive policies throughout the nation’s territory, guaranteeing basic rights, including the right to communication and information for all citizens,” stated Cañizález.

Zahar said that “sustainability is the challenge,” due to the difficulties many new media outlets, local or not, face in supporting themselves, and the advantages of digital media “that have fewer barriers to entry, can experiment with formats and financing mechanisms, and make quick changes.”

Bock said “we must think about the financing of journalism where there are fragile economies, see it as a public service but an independent one, to address the training of people practicing journalism in those places.”

Together with the support of the government and the international community, “models could be developed in which the big media sponsor local media in very small places or where there is clearly a news desert,” Cañizález said.

“But that’s still not even discussed in a number of our countries,” he said. “It is an issue that concerns journalism but has not drawn public attention. The debate is still very much confined to reporters.”

By a show of hands, Venezuela’s National Constituent Assembly passed on Nov. 8 the new law against hate, which represents a threat to freedom of expression according to organisations that work to defend free speech. Credit: Zurimar Campos / AVN

By Humberto Márquez
CARACAS, Dec 6 2017 (IPS)

Hate speech in the media or social networks in Venezuela is now punishable with prison sentences of up to 20 years, according to a new law issued by the government-controlled National Constituent Assembly (ANC).

“A laudable objective, such as preventing hate speech that can lead to crimes and other damages, creates new crimes of opinion and is aimed at controlling content and freedom of expression,” Marianela Balbi, executive director of the Venezuelan chapter of the Lima-based Press and Society Institute (IPyS), told IPS.

The “Constitutional Law against hatred, for peaceful coexistence and tolerance” was approved by the ANC, which is made up exclusively of supporters of the government of Nicolás Maduro. The ANC was elected on Jul. 30, in elections boycotted by the opposition. It is not recognised by many governments, while the single-chamber National Assembly, where the opposition is in the majority, rejects it as unconstitutional.

“We do not call it a law because laws, in accordance with domestic and international human rights law, are made by parliaments – in this country, the National Assembly – to allow debate and participation, which in this case did not happen,” Carlos Correa, of the non-governmental organisation Espacio Público, dedicated to freedom of expression and information, told IPS.

It was President Maduro, in power since 2013 and political heir of the late leader of the Bolivarian revolution, Hugo Chávez (1999-2013), who requested the approval of the law against hatred.

“The time has come, through a broad political process of awareness-raising, to punish the crimes of hate and intolerance, in all their forms of expression, and to put an end to them definitively,” Maduro said when presenting the bill in August.

Former minister of Foreign Affairs and president of the ANC, Delcy Rodríguez, said that a comparative study was carried out with similar laws in Germany and Ecuador, and that in addition to establishing penalties, the Venezuelan law incorporated provisions to promote education in favour of tolerance.

In July, Germany passed a law that orders service providers such as YouTube or Twitter to remove content considered criminal within 24 hours.

In Ecuador, former president Rafael Correa (2007-2017) proposed a “law that regulates acts of hatred and discrimination in social networks,” with possible sanctions against service providers, but the legislature shelved the bill after Lenin Moreno became president in May.

The 25-article law passed by the ANC does not define what it means by “hate”. According to the Royal Academy of the Spanish Language hatred is “antipathy and aversion to something or a person to whom one wishes ill.”

“It is serious that this law puts in the hands of a few officials the assessment of what is or is not a hate crime, because the legal instrument lacks a definition,” Alberto Arteaga, former dean of the Central University of Venezuela’s law school, told IPS.

The rapporteur for freedom of expression in the Inter-American Commission on Human Rights (IACHR), Uruguayan Edison Lanza, warned that “the law against hatred in Venezuela could severely hinder the exercise of the right to freedom of expression and generate a strong intimidation effect incompatible with a democratic society.”

Lanza lamented the establishment of “exorbitant criminal sanctions and powers to censor traditional media and the Internet, that run counter to international standards on freedom of expression.” In his opinion, “the last free space in Venezuela, the social networks, will be censored.”

The law aims to prevent and repress all expressions that “promote war or incite hatred of national, racial, ethnic, religious, political, social, ideological, gender, sexual orientation, gender identity, gender expression and any other nature that constitutes incitement to discrimination, intolerance or violence. ”

Political organisations will have to reform their statutes to expel any members who spread expressions of hatred. The penalty for not following this rule will be the cancellation of the registration of the party considered to have infringed the law.

Any print or audiovisual media outlets that emit messages punishable by law will be subject to fines, closure or termination of their concession, independently of the penalties that may fall individually on those responsible.

Administrators of social networks and online media outlets must withdraw messages that contravene the law within a maximum period of six hours, or they will be sanctioned.

The penalty for spreading messages that instigate hatred, war, discrimination or intolerance can range from 10 to 20 years in prison.

The sanctions will be imposed by courts and by the state National Telecommunications Commission.

In addition, the law creates a Commission for the Promotion and Guarantee of Peaceful Coexistence, which will dictate the measures that the authorities and official agencies and citizens must follow to fulfill the objectives of the law and avoid impunity.

The new 15-member Commission, appointed by the ANC itself, will be made up of representatives of that body, the executive branch, the other branches of government, excluding parliament, and three social organisations that promote coexistence.

Balbi argued that the new law “establishes a very dangerous discretionality, which is unnecessary to protect aspects such as security or the good repute of people, because they already are covered by the Constitution, other laws and international treaties that Venezuela has signed.”

The National Assembly rejected “the supposed law”, because it was produced by a body that it sees as not having the authority to create laws, and because “it constitutes a gross attempt to criminalise and sanction political dissidence, putting at risk plurality, freedom of expression and the right to information.”

But the decisions by the parliament elected in December 2015 are systematically blocked and ignored by the Supreme Court of Justice, the executive branch and other Venezuelan authorities.

Correa said the new law “is aimed towards building a logic of fear. It seeks censorship and self-censorship. It tries to get into people’s feelings, something characteristic of not only authoritarian but of totalitarian regimes.”
The new law, which entered into force on Nov. 8, has not yet been applied to any institution or person.

Critics say Peru's new law on cybercrime is vaguely worded and threatens access to information. Credit: Public domain

By Milagros Salazar
LIMA, Nov 27 2013 (IPS)

A new law against cybercrime that restricts the use of data and freedom of information in Peru clashes with earlier legislation, on transparency, which represented a major stride forward in citizen rights.

The advances made in the law on transparency and access to public information have been undermined by the hastily passed law on computer crimes, which restricts and penalises the use of online databases, according to experts consulted by IPS.

The new law was put into effect to crack down on cybercrimes, including sexual harassment of minors. But civil society organisations complain that elements attacking the right to information were incorporated without debate or public input.

The Defensoría del Pueblo or ombudsman’s office says the transparency law, which entered into force in 2002, has a few shortcomings, but is important because of the creation and use of government databases – which would be hindered, however, by the law on cybercrime.

The transparency law was passed with the aim of making government more transparent, to comply with the 1993 constitution, which guaranteed the right of people to request and obtain public information, and established the right of habeas data, under which any government official or civil servant who denies that right can be sued.

Since then, the Defensoría del Pueblo has received 6,714 complaints about requests for public information that did not receive a satisfactory response from the authorities, according to a report to be published in the first week of December, to which IPS had access.

Based on those complaints, the assistant ombudsman on constitutional affairs, Fernando Castañeda, told IPS that his office identified and interviewed 122 public employees responsible for turning over the information, to find out why the requests had not been met.

The main conclusion reached by his office was that an independent authority was needed to monitor and oversee responses to information requests, because civil servants are limited by the orders of their superiors, and in some cases have been punished when they provide information to members of the public.

And things do not get any better when citizens take legal action to complain about the lack of response to their requests for information, especially in rural areas.

Between January 2007 and March 2013, 841 habeas data actions were handled in the justice system, where cases can take up to a year in the first instance court, another year in the second instance court and two more in the Constitutional Court, Castañeda pointed out.

In other words, a four-year journey to try to obtain public information that has been denied.

The official said that the most significant aspect of the law was the creation of tools to facilitate citizens’ access to information, with websites and open access to databases, under the concept of open data.

However, that access will be directly restricted by the new law on computer crimes, which was given fast-track treatment in Congress and signed into law a few weeks later, on Oct. 22, by President Ollanta Humala.

Protests by experts and civil society groups forced Justice Minister Daniel Figallo to state on Nov. 13 that he would study proposed reforms to the law. “We will revise some articles of the law,” he said.

But Figallo defended the legislation, saying the aim was to fight data interference or interception rather than the dissemination of information. His ministry argues that Peru is thus accepting the guidelines of the Council of Europe’s Convention on Cybercrime, the first international treaty of its kind, which since 2001 has provided global guidelines for the adoption of laws against computer crimes.

The president of the congressional justice commission, Juan Carlos Eguren, also said he was open to suggestions.

The law creates a three- to six-year sentence for people found guilty of capturing computer information from a public institution, to find out, for example, what is spent on social programmes and to complement that with the introduction of new data or alteration to analyse the information, lawyer Roberto Pereira of the Press and Society Institute (IPYS) told IPS.

That is based on article three of the law, which penalises those who use computer technologies to “introduce, delete, deteriorate, alter or suppress data, or render data inaccessible.”

The law also establishes a three- to five-year sentence for creating a database on an identified or identifiable subject to provide information on any aspect of his or her personal, family, financial or labour life, whether or not it causes harm.

A common practice by journalists is to create databases on companies that are subcontractors for the state, in order to monitor public spending. But under the new law, doing that would automatically make them “cyber criminals,” Pereira explained.

The IPYS stated in a communiqué that the law poses “a serious threat to the freedom of journalistic information, and to research and investigation in general.” The majority of the local media, regardless of their ideological bent, agree with that criticism.

The law on cybercrime could “end up criminalising legal behaviour in cyberspace,” said Pereira.

It also creates “an unacceptable framework of discretionality in its application,” because of the broad, ambiguous criteria it contains, and ends up undermining other basic rights, he said.

There has been a great deal of speculation in Peru on what lay behind the passage of the controversial law.

Pereira cited three explanations: the legislators’ ignorance about cyberspace; the interest on the part of some public figures in criminalising digital freedom and thus blocking investigations of corruption; “and the genuine interest of sectors of the government in improving penal legislation on cybercrime.”

The non-governmental organisation Hiperderecho, which defends digital rights, noted in a communiqué that Congress passed the law “in less than five hours, with their backs turned to the public.”

The organisation criticised the fact that on Sept. 12, Congress suddenly began to debate a bill that had just been introduced by the government, without incorporating in the discussion a long-debated justice commission ruling on another cybercrime bill.

The executive branch presented its bill after a telephone conversation by Defence Minister Pedro Cateriano was made public, and after progress was made towards a common regional code against cybercrime during a technical level meeting of experts of the Ibero-American Conference of Justice Ministers (COMJIB), held in Lima in June.

Miguel Morachimo, a representative of Hiperderecho, admitted to IPS that it was reasonable for the government to fight cybercrime. But he said that when the bill was debated in Congress, “it was completely overhauled.”

In his view, the government was pressured by COMJIB and the banking association – which is worried about card cloning – and ended up acting in haste as a result.

The Defensoría del Pueblo’s office on constitutional affairs has not yet taken a stance on the details of the new law, said Castañeda. But it did acknowledge that it runs counter to some objectives of the transparency law.

Hiperderecho has sent suggestions to Congress for improving the law on cybercrime. Meanwhile, what one law defends, the other blocks.