Safe Digital Environments Law: Difference between revisions

Line 9:

==Concerns==

~~This legislation project~~ might be incompatible with ~~aspects from~~ the Chilean constitution and the [[Net Neutrality Law]]

If the bill follows the idea of applying any kind of restriction to access social media, it might be incompatible with the Chilean constitution and the [[Net Neutrality Law]]

===Incompatibility with the Chilean constitution===

According to the Chapter III, Article 19, section 12 of the Chilean Politic Constitution of the Republic, that mentions constitutional rights and duties:<ref>https://www.camara.cl/camara/doc/leyes_normas/constitucion.pdf</ref>

{{Quote |12°. The freedom to emit opinion and informing, without previous censorship, in any form and in any media, without the prejudice to respond to crimes and abuse that are commited in the excercise of these liberties in conformity to the law, that must be qualified quorum.

Line 17:

Line 18:

}}

~~The potential imposition of ClaveÚnica~~ to ~~the network services as the~~ only ~~method of~~ age ~~verification can be considered~~ as a statal monopoly, and ~~the prohibition of access to minors to access to social media can be considered~~ as a form of censorship because it ~~potentially can block minors or adults~~ that do not want to verify to access to ~~information in~~ social media.

If the restriction to access to social media is imposed with only using ClaveÚnica for verifying age as the alternative to do so, this would result into something that might fit into a statal monopoly and as a form of censorship as well, because it blocks underage users, does not allow any adult that does not want to verify their age and controls who can and cannot access to social media, something that can be considered as social communication media.

===Incompatibility with the Net Neutrality Law===

With the Net Neutrality Law, there's a conflict with the first dictated core principle of this legislation, that states network services or applications that offer connectivity or communication between users cannot arbitrarily block, interfere, discriminate, hinder, nor restrict the right of any Internet user to use, send, receive or offer any legal content through Internet, including any legal activity or usage done trough the network.

@@ Line 9: / Line 9: @@
 ==Concerns==
-This legislation project might be incompatible with aspects from the Chilean constitution and the [[Net Neutrality Law]]
+If the bill follows the idea of applying any kind of restriction to access social media, it might be incompatible with the Chilean constitution and the [[Net Neutrality Law]]
+===Incompatibility with the Chilean constitution===
 According to the Chapter III, Article 19, section 12 of the Chilean Politic Constitution of the Republic, that mentions constitutional rights and duties:<ref>https://www.camara.cl/camara/doc/leyes_normas/constitucion.pdf</ref>
 {{Quote |12°. The freedom to emit opinion and informing, without previous censorship, in any form and in any media, without the prejudice to respond to crimes and abuse that are commited in the excercise of these liberties in conformity to the law, that must be qualified quorum.
@@ Line 17: / Line 18: @@
 }}
-The potential imposition of ClaveÚnica to the network services as the only method of age verification can be considered as a statal monopoly, and the prohibition of access to minors to access to social media can be considered as a form of censorship because it potentially can block minors or adults that do not want to verify to access to information in social media.
+If the restriction to access to social media is imposed with only using ClaveÚnica for verifying age as the alternative to do so, this would result into something that might fit into a statal monopoly and as a form of censorship as well, because it blocks underage users, does not allow any adult that does not want to verify their age and controls who can and cannot access to social media, something that can be considered as social communication media.
+===Incompatibility with the Net Neutrality Law===
 With the Net Neutrality Law, there's a conflict with the first dictated core principle of this legislation, that states network services or applications that offer connectivity or communication between users cannot arbitrarily block, interfere, discriminate, hinder, nor restrict the right of any Internet user to use, send, receive or offer any legal content through Internet, including any legal activity or usage done trough the network.