Washington DC
13 August 2015
Reporter: Tammy Facey

EFF critiques Argentine censorship draft


The Argentine House of Representatives debate over reforms to the National Anti-discrimination Act are too broad and ambiguous, says the Electronic Frontier Foundation.

The current proposal of the bill, enacted in 1988, requires online platforms to monitor comments and remove any content considered discriminatory.

The proposal requires intermediaries to publish terms and conditions that says users should refrain from publishing discriminatory comment before entering the website along with a sentence up to three years for those publishing discriminatory content.

“This proposal would stifle free expression and promote self-censorship. We may also see website administrators increasingly monitoring their users in fear of legal retaliation," EFF said on its blog.

EFF adds that the draft bill is contrary to the Manila Principles, a set of guidelines for intermediaries created by human rights organisations including EFF along with opennet.

“This proposal contradicts the Manila principle that outlines “any content removal order must be clear, unambiguous and must respect due process.” This is crucial because intermediaries should not be forced to evaluate the legality of the content its users publish.”

The Argentina House of Representatives has not responded publicly to the criticisms.

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