are, they play an important role in pushing
the officials forward. Mapping these officials
and their funding and how the money gets
distributed by them to other parties is an easier
path in this decentralization scenario than trying
to map every message. (interview, Alimonti,
August 2021)
12.10 CHALLENGES RELATED
TO REGULATORY SOLUTIONS
As pointed out above, regulatory responses have
pushed actors to react, for example to various
proposals and distinct positions taken regarding
these proposals. These debates involve the
complex task of balancing access to information
and freedom of expression, and preventing bills,
regulations, and the provisions contained in them
from generating new problems.
Paulo José Lara (interview, August 2021) from
Article 19 highlighted this challenge:
On the subject of legislation and laws, it is
a matter of doing the best we can without
putting freedom of expression and individual or
collective expressions at risk. That in itself is very
difficult and we will have to take into account
the need to legislate in a democratic way.
Important questions must be posed regarding
the dissemination of harmful content.
Juan Carlos Lara (interview, August 2021), from
Derechos Digitales, also commented on the issue:
“It is extraordinarily complex to regulate without it
being restrictive in terms of expression. We know
there are other measures. We are not sure, and we
have divergent views. We tend to think that the
decisions about content moderation made by the
platforms are transparent and fair.”
Thinking about regulation of disinformation
poses the problem of who defines what is or is not
disinformation and who defines the measures to
apply to content that has been found to be false.
While Juan Carlos Lara (interview, August 2021)
pointed out that it might be better to reserve
this prerogative for the platforms, other actors
questioned who would have the prerogative to
inspect or supervise these decisions when abuse
or mistakes occur. Soledad Arréguez (interview,
August 2021) of Argentina’s Deconfio noted:
Every time one thinks about regulations,
whether it’s the observatory or the committee
that Facebook has formed, and which news
I N FO R M ATI O N D I SO R D ER IN THE GLOBA L SOUTH
items are fake or not, I think the question is who
is going to watch over this committee or body
that is going to define the truth. That leads to a
philosophical issue of what truth is—what can
one regulate? What happened during the last
months of Trump’s presidency was a lesson in
what we can delimit and work on.
Veridiana Alimonti (interview, August 2021)
from the EFF pointed out that data protection
should also be considered in order to achieve the
necessary balance. Thus, regulatory proposals
should avoid mechanisms that extend surveillance.
She also discussed the way that responses to fight
misinformation can affect data protection rules.
She noted that the fight against disinformation is
not carried out only through legislation targeting
the issue; data protection legislation is key in
preventing the abusive collection and processing of
data that are then used in order to target audiences
with false messages: “We need to make better use
of data legislation. We can explore further how to
use the guarantees offered by data protection laws
as something we already have and that works well
in electoral and non-electoral moments” (interview,
Alimonti, August 2021).
12.11 THE ROLE OF DIGITAL
PLATFORMS
In the participants’ reflections on how to gain
a better understanding of the phenomenon of
disinformation, the role of digital platforms was
mentioned. However, problems related to these
platforms were also highlighted as challenges.
These environments favor the circulation of fake
content; consequently, one obstacle is how to deal
with them so that they fulfill the role of opening
space for these practices:
Digital platforms are largely part of the problem,
not the solution. They profit from anti-vaccine
groups who put out content, who pay for
Facebook advertising. In Latin America, ethically,
it is quite complicated, because many do research
with the support of Facebook resources. It would
also be interesting to start joining forces on a
regional level in terms of this issue. Do we accept
resources or not? If not, who funds our work?
(interview, Pino, August 2021)
The business models of the digital platforms and
the way they structure information flows are seen
by several experts and researchers as amplifying
factors in the spread of false content:
Latin America and the Caribbean – 1 2 0