With the declared purpose of promoting equality and eradicating all forms of discrimination, a draft bill for a National Anti-discrimination law (File 9064-D-2014) has been submitted for congressional approval. If passed in its current form, the new legislation will have a significant impact in terms of internet content.

Information Technology and Privacy

Specifically, the draft bill requires that all websites that admit user generated comments must: (i) include terms and conditions in accordance with the requirements set forth in this law and (ii) establish an adequate mechanism for reporting and removing infringing content.

In addition, digital press, online news services, online magazines and online newspapers that accept user generated comments will be required to: (i) obtain express user acceptance of applicable terms and conditions and (ii) adopt al necessary measures to avoid diffusion of discriminating content.

In this context,  a discriminating comment is defined as any comment denigrating or insulting a person, a group of persons or associations, motivated by race, ethnic considerations, nationality, language, dialect, religion, belief, political or union affiliation, sex, sexual orientation, age, skin color, marital status, family situation, filiation, pregnancy, disability, criminal record, job or employment, place of residence, physical characteristics, genetic characteristics, psychophysical capacities, health, economic status, social status, personal habits or any  other circumstance that entails distinction, exclusion, restriction or preference.

In addition, the draft bill places anyone charged with a discriminatory act with the burden of showing that his or her conduct was not in fact discriminatory. To that end, the defendant will be required to show that he or she acted with an objective and reasonable motive. Lastly, absent evidence to the contrary, the draft bill assumes non-monetary damages derived from the discriminatory act.