New Telecom Law: Experts Debate Audience Rights in Legislation vs. Self-Regulation

Web Editor

May 22, 2025

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Background on Key Figures and Their Roles

The debate over the inclusion of audience rights in Mexico’s upcoming Telecommunications and Broadcasting Law has brought together prominent figures from the media industry. José Antonio García Herrera, president of the Radio and Television Industry Chamber (CIRT), and Lenin Martell, a defender of audiences for the Mexican State Broadcasting System, have expressed their opinions on this matter.

García Herrera’s Perspective

García Herrera argues that the new law should not merely rely on self-regulatory guidelines, as is currently the case. He believes that embedding audience rights within the law itself would be safer than entrusting it to an organization like the Digital Transformation and Telecommunications Agency (Agencia de Transformación Digital y Telecomunicaciones).

During a Senate Chamber-organized fifth and final roundtable on the new law, García Herrera emphasized the importance of more self-regulation. He warned that any regulation on content could lead to censorship, stating, “That’s the serious risk we see.”

Martell’s Perspective

Lenin Martell, advocating for audience rights within the Mexican State Broadcasting System, insists that user and audience rights must be clearly defined in the new legislation to compel communicators to differentiate between opinion and information.

Senator Javier Corral’s Stance

Senator Javier Corral, secretary of the Radio, Television, and Cinema Commission in the Senate and moderator of the roundtables, explained that broadcasters already have ethical codes requiring them to distinguish information from opinion. However, he acknowledged that “ethics do not replace the law; ethics commit concessionaires, but the law binds everyone and safeguards citizens against concessionaires.”

Corral posed the question, “Should audience rights be enshrined in law or not?”

Diverse Opinions on Audience Rights and Freedom of Expression

García Herrera views the proposed law as a “step backward,” arguing that excessive regulation of radio and television content threatens freedom of expression, a cornerstone of democracy.

Leopoldo Maldonado, the regional director of Article 19 for Mexico and Central America, contends that audience rights are not inherently contradictory to freedom of expression. He acknowledges that these rights contribute to the societal right to accurate and timely information, as recognized by Article Six of the Constitution.

Key Questions and Answers

  • Q: Should audience rights be included in the new Telecommunications and Broadcasting Law?
    A: García Herrera believes that audience rights should be part of the law itself, not left to self-regulatory guidelines. Martell agrees, emphasizing the need for clear definitions in the legislation to ensure responsible communication.
  • Q: What are the concerns regarding regulation of radio and television content?
    A: García Herrera warns that excessive regulation could lead to censorship, undermining freedom of expression and democracy.
  • Q: How do audience rights relate to freedom of expression?
    A: Maldonado asserts that audience rights are not inherently contradictory to freedom of expression, as they contribute to the societal right to accurate and timely information.