El Salvador’s Cybersecurity Laws Threaten Press Freedom, HRW Warns
El Salvador’s New Cybersecurity Laws Raise Concerns Over Press Freedom
San Salvador, El Salvador – Human Rights Watch (HRW) has issued a stark warning about two new laws passed by El Salvador’s legislature, arguing they could severely threaten press freedom and privacy rights. The organization fears the laws, focused on cybersecurity and data protection, could be used to silence critics of President Nayib Bukele’s government under the guise of protecting personal information.
“These new laws could be weaponized to remove critical publications about the government, citing the protection of personal data as justification,” said Juanita Goebertus, Americas Director at HRW. “They create a perfect recipe for increased censorship and opacity.”
The ”Cybersecurity Law” establishes the State Cybersecurity Agency (ACE), headed by a director directly appointed by President Bukele. This agency will be responsible for developing and implementing national cybersecurity regulations, as well as overseeing and regulating data protection mechanisms.HRW’s report highlights concerns that the ACE, as currently structured, possesses broad powers to order the removal of information about individuals from online platforms and websites.
Adding to these concerns is the “Data Protection Law,” which recognizes the ”right to be forgotten.” This provision allows individuals to request the removal of their data from the internet, including search engines and media outlets, if they deem the information “inappropriate, inaccurate, irrelevant, outdated, or excessive.”
While the law excludes the removal of personal data when necessary for exercising freedom of expression, information, and the press, this exception hinges on the data being “accurate” – meaning it cannot be published if deemed “inaccurate, incomplete, or outdated.”
Media outlets and search engines that fail to comply with these requirements could face fines of up to 40 times the monthly minimum wage.
HRW draws parallels between these laws and those recently enacted in Nicaragua under president Daniel Ortega, which have dealt a severe blow to press freedom and expression in that country.
The organization urges the Salvadoran government to revise these laws to ensure they uphold fundamental rights and freedoms, rather than becoming tools for silencing dissent.
Digital Authoritarianism: New Laws in Central America Threaten Online Freedoms
central American governments are enacting new laws that critics say threaten online freedoms and privacy, raising concerns about digital authoritarianism in the region.
Human Rights Watch (HRW) has issued a stark warning about recent legislation in Nicaragua and El Salvador, arguing that these laws could be used to silence dissent and erode fundamental rights.In Nicaragua, a new law criminalizes online content deemed harmful to “public order,” a vague term that HRW fears could be used to target critics of the Ortega regime. The law grants authorities broad powers to monitor and censor online activity, raising concerns about the chilling effect on free speech.
“These laws are a dangerous escalation of the Ortega regime’s crackdown on dissent,” said Juan Pappier, senior Americas researcher at HRW. “They effectively criminalize online criticism and give the government a free hand to silence its opponents.”
Nicaragua’s crackdown on online freedoms comes amid a broader assault on civil liberties. The government has systematically dismantled self-reliant media outlets,imprisoned journalists,and harassed human rights defenders.
El Salvador’s Data Protection Law Raises Red Flags
Simultaneously occurring, El Salvador’s new data protection law has also drawn criticism from HRW.while the law purports to protect personal data, it contains a broad exception for activities related to “national security” and “crime prevention.”
This exception, HRW argues, could be used to justify the collection and use of personal data without adequate safeguards, possibly targeting journalists, activists, and ordinary citizens.
“This law is a wolf in sheep’s clothing,” said Tamara Taraciuk, deputy director for the Americas at HRW. “While it appears to protect data privacy, the broad exceptions for national security purposes create a dangerous loophole that could be exploited to silence critics and violate fundamental rights.”
El Salvador’s government, lead by President nayib Bukele, has implemented a controversial “war on gangs” that has resulted in the mass arrest of thousands of people.While the crackdown has led to a decrease in homicides,it has also been accompanied by allegations of human rights abuses,including arbitrary detentions and torture.
Concerns About Digital Authoritarianism
The new laws in Nicaragua and El Salvador are part of a worrying trend of digital authoritarianism in the region.Governments are increasingly using technology to surveil, censor, and control their citizens, undermining democratic values and human rights.
HRW calls on both governments to revise their laws to ensure they comply with international human rights standards and protect online freedoms. The organization also urges the international community to hold these governments accountable for their actions and defend the right to freedom of expression and privacy in the digital age.
El salvador’s Cybersecurity Laws: Protecting Citizens or Silencing Critics?
San Salvador, El Salvador – NewsDirectory3.com sat down with Juanita Goebertus, Americas Director at Human Rights Watch (HRW), to discuss the organization’s recent concerns surrounding El Salvador’s newly passed Cybersecurity and Data Protection laws.
NewsDirectory3.com: Ms. Goebertus, HRW has expressed serious reservations about these new laws.Coudl you elaborate on your primary concerns?
Juanita Goebertus: Absolutely. while the stated intentions of these laws – protecting citizens’ data and ensuring cybersecurity – are laudable, their potential application raises alarm bells.
The Cybersecurity Law grants sweeping powers to the State Cybersecurity Agency (ACE), headed by a presidential appointee.This structure lacks the necessary checks and balances to prevent potential abuses. We fear the ACE could exploit this authority to remove critical content from online platforms, justifying it under the banner of data protection.
Furthermore,the “right to be forgotten” provision within the Data Protection Law,while seemingly innocuous,could be weaponized to stifle dissent. Allowing individuals to demand the removal of publicly available details, based on subjective criteria like “inappropriateness” or “irrelevance,” creates a hazardous precedent for censorship.
NewsDirectory3.com: Can you provide specific examples of how these laws might be misused?
Juanita Goebertus: Imagine a journalist reporting on allegations of government corruption. Under these laws, individuals mentioned in the report could possibly request its removal, claiming it contains “inappropriate” or “irrelevant” information. The ACE, beholden to the President, might then comply, effectively silencing the critical reporting.
This chilling effect on investigative journalism and public discourse is exactly what we fear. These laws could further erode El Salvador’s already fragile press freedom, allowing the government to control the narrative and suppress dissenting voices.
NewsDirectory3.com: What steps should be taken to mitigate these concerns?
Juanita Goebertus: Firstly, clear and obvious guidelines are needed to define the scope of these laws, ensuring they are not used arbitrarily.
Secondly, autonomous oversight mechanisms are crucial to prevent abuse by the ACE.
a robust and open public debate involving civil society organizations, journalists, and legal experts is essential to address these complex issues and ensure these laws serve their intended purpose without compromising fundamental rights.
NewsDirectory3.com: Thank you Ms. Goebertus for sharing your insights.
This interview sheds light on the complex challenges presented by these new laws. While cybersecurity and data protection are undeniably crucial, balancing these concerns with the preservation of press freedom and human rights remains a delicate and ongoing challenge.
newsdirectory3.com will continue to monitor developments surrounding these laws and their potential impact on El Salvador’s information landscape.