Background on the Instituto del Derecho de las Telecomunicaciones (IDET)
The Instituto del Derecho de las Telecomunicaciones (IDET) has raised concerns that the telecommunications initiative sent by the Mexican Executive to Congress violates México’s commitments under the Trades, Industry, and Intellectual Property (T-MEC) agreement with the United States and Canada. If enacted as proposed, it would enable censorship, according to IDET.
Key Concerns Raised by IDET
- Independence of the Regulator: IDET argues that the proposed legislation undermines the mandatory independence of the regulatory body, allowing state-controlled companies to become open monopolies in violation of competition rules.
- Censorship of Cross-Border Information: The organization is gravely concerned about the obligation to censor or prohibit cross-border information transmitted by electronic means.
- Institutional Design Issues: IDET questions the concentration of institutional design power solely with the ATDT head, which they believe unjustifiably nullifies the constitutional and legal mandates of the Secretariats of Economy and Gobernación.
- Potential Arbitrary Censorship: The ATDT might exercise arbitrary censorship over radio, television, digital platforms, and apps like TikTok, Facebook, or X.
- Comparison to Nicaragua and Venezuela: IDET questions whether Mexico intends to silence programs and platforms, similar to what happens in Nicaragua and Venezuela.
Implications of the Proposed Legislation
IDET believes that the proposed telecommunications reform misses an opportunity to advance Mexico’s telecommunication sector for the benefit of its population. They emphasize the need for open forums involving academics and experts from Mexico and around the world to strengthen the country’s technological future.
The organization insists on a comprehensive reform of Mexico’s Telecommunications Law to establish public policy regarding new technologies, artificial intelligence, and the demand for more services at lower prices. However, they argue that the Executive Federal’s proposed reform is merely a poorly-structured copy of the 2014 Peña Nieto reform.
Key Questions and Answers
- What is the main concern of IDET? IDET believes that the proposed telecommunications initiative contravenes Mexico’s T-MEC commitments, enabling censorship and undermining regulatory independence.
- What specific issues does IDET highlight? IDET points out concerns regarding the independence of the regulatory body, potential censorship of cross-border information, institutional design issues, and the possibility of arbitrary censorship by the ATDT.
- What does IDET propose instead? IDET advocates for open forums involving experts and academics to strengthen Mexico’s technological future and emphasizes the need for a comprehensive reform of the Telecommunications Law.
