Background and Relevance of the Individual Mentioned
Claudia Sheinbaum, the President of Mexico City, proposed the new Telecommunications and Broadcasting Reform Law. This law has sparked concerns from civil society organizations, including the Digital Rights Defense Network (R3D), about potential censorship and threats to press freedom.
Concerns Raised by Civil Society Organizations
Article 19: This organization highlighted that the new law might allow political considerations to govern the administration of radio-electric spectrum and concession granting, potentially enabling the removal of independent and critical media outlets based on subjective, unfounded, or ambiguous reasons.
Article 19 also pointed out that the law proposes to grant the executive branch the power to block digital platforms, which is considered unconstitutional and violates international human rights standards that prohibit the establishment of any means to obstruct communication and circulation of ideas and opinions, such as blocking digital platforms.
According to the legislative report, Article 109 of the Digital Platforms chapter allows authorities to request the Agency (for Digital Transformation) to temporarily block a digital platform when there is non-compliance with regulations or obligations outlined in the respective applicable norms.
Digital Rights Defense Network (R3D) Warnings
The R3D warned that the new law could impact freedom of expression, as it permits extreme restrictions on online expression without a court order determining that content or an action is illegal and warrants such a measure.
R3D emphasized that blocking entire digital platforms is akin to shutting down radio and television stations, which contradicts the constitutional prohibition of prior censorship and the American Convention on Human Rights.
The organization also noted that Article 109 of the new Telecommunications Law disregards the requirement for any restrictions on freedom of expression to be established by law, clearly and precisely. This responsibility falls to the Federal Congress, and such parameters should be included in the law, adhering to international standards on freedom of expression.
User Registration for Mobile Services
R3D raised concerns about Article 8, fraction LXV of the new law, which grants the Digital Agency the authority to establish guidelines for registering mobile service users. This registration would be managed by concessionaires and authorized entities responsible for the service, making it mandatory to follow.
The organization warned that this provision attempts to recreate a user registry similar to the National Registry of Mobile Telephony Users (PANAUT), which was declared unconstitutional by Mexico’s Supreme Court in 2022. Pending bills in the Chamber of Deputies, such as the General Law of the Public Safety System and the National Investigation and Intelligence System in Matters of Public Safety, also propose creating a similar database.
R3D concluded that the law does not specify the purpose of collecting mobile user registration data but allows authorities to consult this database, leaving room for discretion regarding which authorities will have access and under what procedures.
Key Questions and Answers
- What is the new Telecommunications and Broadcasting Reform Law? Proposed by Mexico City President Claudia Sheinbaum, the law aims to reform telecommunications and broadcasting regulations.
- Why are civil society organizations concerned? Organizations like Article 19 and R3D fear that the law could enable political interference in spectrum administration, grant unjustified removal of independent media outlets, and allow censorship through blocking digital platforms.
- What does Article 109 of the law entail? This article allows authorities to request the Digital Agency to temporarily block digital platforms due to non-compliance with regulations.
- What concerns does R3D have about user registration for mobile services? R3D warns that the proposed mandatory user registration for mobile services could recreate an unconstitutional registry similar to PANAUT, potentially infringing on users’ privacy and rights.
