Introduction to Judicial Harassment in Mexico
Andrea Viloria, from PROJUC, warned on August 20 during a forum analyzing the impact of cyberbullying in Puebla: “Judicial harassment aims to silence critical voices, and we are witnessing a rising trend in its use in Mexico. From 2018 to 2022, we registered 22 cases of judicial harassment in Puebla.”
Understanding Judicial Harassment
According to Article 19, judicial harassment involves using legal mechanisms to intimidate or censor those exercising their freedom of expression. Instead of debating in the public sphere or seeking a right to reply, conflicts are transferred to courts, often without solid legal grounds. The objective is not to win a lawsuit but to silence critical voices, especially when addressing collective interest issues like corruption, human rights violations, or abuse of power.
These practices usually manifest as moral damage lawsuits or accusations of political violence based on gender. Recently, Mexico has seen an increase in this practice:
- Journalist Hernán Gómez Bruera faces strategic lawsuits intended to silence criticism of the Judicial Power.
- In Campeche, veteran journalist Jorge González was criminally charged by the governor and barred from practicing journalism following a critical column.
- Puebla enacted a legal reform criminalizing “cyber siege” with up to three years in prison for online insults, denounced as a “gag law” by organizations.
Additionally, the “Dato Protegido” case highlights judicial harassment. A citizen was forced to publicly apologize for 30 days, pay a fine, take courses, and be listed as sanctioned for gender-based political violence due to a critical tweet. This sparked national outrage, along with documented judicial complaints against a group distributing images of “Mencho,” allegedly for criminalization purposes.
Journalist Héctor de Mauleón and El Universal also faced censorship measures and legal actions after publishing a column on possible links between Tamaulipas politicians and fuel theft.
Addressing Judicial Harassment
Whether there’s a deliberate policy from the highest levels to restrict freedom of expression or if it’s merely powerful individuals abusing their position, the issue remains pressing. Mexico City’s President Claudia Sheinbaum should acknowledge these cases of judicial harassment and urge her allies to exercise restraint, as a democratic leader would.
Ignoring the problem and claiming unrestricted freedom of expression plays into the hands of censors.
Key Questions and Answers
- What is judicial harassment? It involves using legal mechanisms to intimidate or censor those exercising their freedom of expression, often without solid legal grounds.
- Why is judicial harassment a concern in Mexico? There’s been a rising trend of using this tactic to silence critical voices, especially on collective interest issues like corruption and human rights violations.
- What are some recent examples of judicial harassment in Mexico? Journalists Hernán Gómez Bruera and Jorge González have faced lawsuits to silence criticism of the Judicial Power. A “gag law” was enacted in Puebla, and a citizen was sanctioned for a critical tweet.
- What should be done about judicial harassment? President Claudia Sheinbaum should acknowledge these cases and encourage restraint, as ignoring the issue plays into censors’ hands.
