Background on the New Legislation
The proposed new Telecommunications and Broadcasting Law, currently under review in the Senate of the Republic, has reignited discussions about audience rights that were initially included in the 2014 Federal Telecommunications and Broadcasting Law. These rights establish restrictions on programming content disseminated through broadcasting services, ensuring that audiovisual materials reflect the nation’s pluralism, include diverse genres representing diversity, differentiate information from opinion, provide elements to distinguish advertising from content, respect time slots, and prohibit all forms of discrimination.
Rise of Progressive Rights Movements
These advanced audience rights have gained traction, especially with the rise of progressive thought movements and the influence of “Woke” ideology, which advocates for social cultural changes to promote inclusivity and broaden fundamental rights. Groups like these have driven significant alterations, such as Disney’s controversial changes in film production to break away from dominant beauty standards, like thin body types or light skin tones.
Conversatorio on Audience Rights
During the fifth conversatorio held in the Senate, key proponents of audience rights expressed dissatisfaction that the proposed legislation only partially incorporated the 2014 law’s catalog. They demanded further expansion of these rights, believing the current proposal is insufficient.
Diversity Among Audiences
Ironically, these groups often overlook the inherent diversity of audiences. No single individual or organization can genuinely represent the interests of all viewers, as each television watcher or radio listener has unique preferences and interests. Some audiences may prefer national content with Mexican actors and themes, while others might opt for foreign productions. Some may intentionally avoid national programming, and viewers’ content choices can range from breaking stereotypes to adhering to conventional beauty standards.
No advocate for audience rights can claim to understand or represent all audiences’ interests, let alone better than the viewers themselves. In fact, enforcing an expanded audience rights catalog, as proposed in the new law, would infringe on the right to free personal development. It would restrict individuals’ freedom to choose preferred content, contradicting the very essence of audience autonomy.
Legal Perspective on Audience Rights
According to Mexico’s Supreme Court of Justice, the human right to free personal development implies individual freedom of action. This allows people to engage in any activity they deem necessary for personal growth, safeguarding an “area of privacy” against external limitations that restrict their decision-making capacity and autonomy.
Potential Violation of Rights
Over-regulation of audience rights, as suggested by the new law’s provisions, would violate the right to free personal development. It would prevent individuals from freely choosing audiovisual content that aligns with their preferences.
Key Questions and Answers
- What is the new Telecommunications and Broadcasting Law proposing? The law aims to reestablish audience rights that were part of the 2014 Federal Telecommunications and Broadcasting Law, including restrictions on programming content to ensure pluralism, diversity, and non-discrimination.
- Why are progressive rights movements relevant in this context? These movements, influenced by “Woke” ideology, advocate for social cultural changes promoting inclusivity and broadening fundamental rights. Their impact is evident in alterations like Disney’s film production changes.
- What are the concerns regarding audience rights? Critics argue that over-regulating audience rights would limit individual freedom to choose preferred content, contradicting the right to free personal development.
- What does Mexican law say about the right to free personal development? According to Mexico’s Supreme Court, this human right ensures individual freedom of action and safeguards an “area of privacy” against external limitations that restrict decision-making capacity and autonomy.
- How might the new law infringe on audience rights? Over-regulation of audience rights, as suggested by the new law’s provisions, would violate the right to free personal development by restricting individuals’ freedom to choose preferred audiovisual content.
