Background on IDET and its Relevance
The Institute for Telecommunications Law (IDET) is a Mexican organization dedicated to promoting transparency, competition, and innovation within the telecommunications sector. Given its expertise and commitment to these principles, IDET’s opinions carry significant weight in Mexico’s telecommunications landscape.
IDET’s Concerns Regarding the Executive’s Telecommunications Initiative
In a recent statement, IDET asserts that the telecommunications initiative proposed by the Mexican Executive and sent to Congress violates the commitments made by México in the Tratado entre México, Estados Unidos y Canadá (T-MEC) and could lead to censorship if enacted as proposed.
Key Violations of T-MEC
IDET highlights several problematic aspects within the proposed legislation, specifically targeting the operation and design of the Agencia de Transformación Digital y Telecomunicaciones (ATDT):
- Regulatory Independence: The proposed legislation undermines the mandatory independence of the regulator, which could result in biased decision-making.
- State-Controlled Monopolies: The legislation allows state-controlled companies to become monopolies, contravening competition rules.
- Censorship of Cross-Border Information: The most alarming aspect, according to IDET, is the obligation to censor or prohibit cross-border information transmitted via electronic means.
Institutional Design Concerns
IDET points out that the institutional design primarily rests with the ATDT’s head, effectively nullifying the constitutional and legal mandates of the Secretariats of Economy and Gobernación. This, IDET argues, directly conflicts with recent constitutional reforms.
Potential Censorship Across Media Platforms
The organization warns of the potential for arbitrary censorship by ATDT across various media platforms, including radio, television, digital platforms, and apps like TikTok, Facebook, and X. IDET questions whether Mexico intends to silence programs and platforms similar to what’s happening in Nicaragua and Venezuela.
Implications of the Proposed Legislation
IDET believes that the proposed legislation, if enacted, would impose censorship through fines on digital platforms, radio and television broadcasting, and apps. These measures could stifle free expression and limit access to information.
IDET’s Recommendations
To avoid these potential issues, IDET calls for open forums involving academics and experts from Mexico and around the world to strengthen the future technological landscape for Mexicans. They emphasize the importance of not regressing technological advancements and rights.
Key Questions and Answers
- What is IDET’s main concern? IDET believes the proposed telecommunications legislation violates Mexico’s T-MEC commitments and could lead to censorship.
- Which aspects of the proposed legislation are problematic? IDET highlights issues related to regulatory independence, state-controlled monopolies, and the potential for censorship across various media platforms.
- Why does IDET argue the institutional design is flawed? The organization believes that concentrating too much power in the ATDT’s head undermines constitutional reforms and could result in biased decision-making.
- What are the potential consequences of the proposed legislation? IDET warns that the legislation could stifle free expression and limit access to information through censorship and fines on digital platforms, radio, television, and apps.
