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Guidelines for freedom of expression on the Internet in Latin America

Document Citado por Related
Vincent
AutorAlexandre Henrique Saldanha
Páginas64-65

Page 64

See note 28

Recent discussions of the constitutional law analyze the existence of a new constitutional thought that emerged in Latin American countries. This new constitutionalism in Latin America arises from social movements that seek more democratic spaces to resize social participation in public management.

Recent experiences in Venezuela, Colombia, Ecuador, and Bolivia have led to such discussions, since their constitutions include forecasting tools for popular consultation and democratization of areas previously reserved to the government.

While it may be possible to argue about the emergence of a new model of constitutional movement based on recent experiences and from a few countries on the continent, it is noteworthy that such discussions are quite valid since they analyze the legitimacy of constitutional norms, using the theory of democracy as a parameter. Therefore, it is necessary to add the issue of freedoms on the Internet and the democratization brought about by cyberculture to this discussion. Regardless of a new constitutional thought in the Latin American continent, freedom of expression on the Internet in this region has been the object of analysis, including the Inter-American Commission on Human Rights, which, through its special rapporteur for freedom of expression, creates reports containing guidelines for American countries to adopt as informative principles for Internet regulation and its uses.

Through these guidelines, the committee suggests that each country adopts such principles as a benchmark in its legal treatment to the digital environment. Thus contributing to the greater expectations about democratic density typical of the discussions of the mentioned new constitutional thought in the region. Network access, Plurality, Non-Discrimination, and Neutrality are some principles suggested by the InterAmerican Commission on Human Rights for freedom of expression on the Internet, and each alone represents a proposal to guarantee democracy and social participation.

Page 65

Access as an information principle represents a kind of obligation of each state to promote public policies to ensure digital inclusion, so that every citizen has access to information in cyberspace. Plurality in turn argues...

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