10. REGULATORY INITIATIVES BY GOVERNMENTS AND PUBLIC AGENCIES In Nicaragua, the Cybercrime Act No. 1042 was passed in 2020. It criminalizes several practices, among them the dissemination of “false and/or misleading information” when it “produces alarm, fear, distress;” harms “honor, prestige or reputation;” or “incites hate and violence, endangers economic stability, public order, public health or sovereign Some countries in Latin America and the Caribbean already have legislation related to disinformation, although not necessarily dedicated solely to this topic. In Venezuela and Brazil, the regulation of disinformation is dealt with in the legal framework for electoral processes. In Bolivia, a law was passed after a coup d’état against President Evo Morales. Many of these legal initiatives advanced measures to combat disinformation related to Covid-19 and associated topics, as was the case in Nicaragua, Belize, and the Bahamas. In the Bahamas, for example, the legislation was directly linked to combating the pandemic, while in other countries, such as Nicaragua, the prohibitions had a broader character. However, in most cases, the legal treatment of disinformation falls within the scope of proposals for new regulations. In several countries, especially those focused on by this study, representatives have presented bills seeking to criminalize the production and dissemination of disinformation. In the case of Brazil, the proposed legislation contains devices to combat disinformation, such as the prohibition of certain practices and mechanisms and surveillance measures that would supposedly favor the investigation of crimes, including disinformation practices. security.”59 10.1 LAWS AND REGULATIONS this Supreme Decree, who disinform, or who In the countries that have passed legislation related to disinformation, the latter has generally been defined as a crime, such as in the case of Nicaragua and Belize, or as an electoral offense, as in Brazil and Venezuela. There is also legislation that prohibits the spread of disinformation related to the Covid-19 will be subjected to a criminal procedure for the pandemic, as in the Bahamas. Since 2005, disinformation has been criminalized by Venezuela’s Electoral Code. The reform of that same year included a new article (297-A) which stipulated a punishment of imprisonment for two to five years for anyone who discloses false information that causes panic in the community. If this offense is committed by a public official using the anonymity or identity of a third party, the penalty is increased by one third. information that endangers or affects public health, I N FO R M ATI O N D I SO R D ER IN THE GLOBA L SOUTH In Belize, the Summary Jurisdiction (Offenses) Act provides for a fine of up to 300 Belize dollars or, in the case of the commission of multiple offenses, a higher fine and a jail term of up to one year for anyone who “maliciously fabricates or knowingly spreads abroad or publishes, whether by writing or by word of mouth or otherwise, any false news or false report tending to create or foster public alarm or to produce public detriment.” In the Bahamas, the Governor-General issued an Emergency Proclamation, an Emergency Powers Regulation, and an Emergency Powers Order. The first includes restrictions on the making of false false statements: “No person shall publish or cause to be published, posted or re-posted, over any media platform including social media, any purported news or report, or alleged statement of fact, knowing reasonable cause to suspect that the same (a) is untrue or false; (b) may incite public fear, panic or ethnic hatred.” Bolivia’s interim government, which took over after the coup d’état in 2019, issued Decree 4231 in May 2020, positing the possibility of punishment of one to ten years in jail for anyone who misinforms or generates “uncertainty” amongst the population: “The people who incite noncompliance with generate uncertainty amongst the population commission of crimes against public health.” The measure was criticized by entities such as the Committee to Protect Journalists (CPJ). President Janine Yañez, however, issued another decree, expanding the scope of criminalization to generating uncertainty in the population. A survey by Pita (2021) revealed that during the pandemic authorities in Peru asserted that spreading false news could be punished through the application of legislation that was already in place. The dissemination of false messages to gain advantage or generate harm to others would be considered a crime punishable by a three- to sixyear prison sentence. Latin America and the Caribbean – 1 1 0