Introduction
As discussions revolve around the concentration of power, control tendencies, and censorship risks in the proposed Telecommunications and Broadcasting Law, it’s crucial to recall the messages of plurality, freedom, and free information flow from the MacBride Report on its 45th anniversary.
The Proposed Telecommunications Bill
The initiative presented by President Sheinbaum aims to centralize the powers of the now-defunct Federal Telecommunications Institute (IFT) in the Digital Transformation and Telecommunications Agency (ATDT), granting it the ability to block digital platforms and authorize foreign content without clear criteria through the Secretariat of Governance.
Centralizing and Control-Oriented Vision
This centralizing and control-oriented vision contrasts with the democratic principles promoted by the MacBride Report in 1980, advocating for communication democratization, plurality of voices and sources, and unrestricted respect for the human right to information.
Implications of the Proposed Bill
The bill sent to the Senate gives ATDT the authority to decide on radio, television, telephony, and broadband concessions, as well as the power to revoke them if used for a different (discretionary) purpose than their title. The extinction of the IFT results in regulatory independence loss, and the government directly provides internet service to end-users, opening the door for state competition under a disguised monopoly.
Controversial Aspects
Article 109 of the proposal allows for the temporary blocking of digital platforms (social networks, streaming, messaging, mobility, etc.) without specifying precise causes or due process procedures. The lack of clear criteria leaves the omnipotent ATDT with discretion to block applications, services, and content, threatening freedom of expression and the right to access information.
Another contentious point prohibits broadcasting concessionaires from transmitting sponsored or commissioned content by foreign governments or international organizations without prior authorization from the Secretariat of Governance. This requirement extends state surveillance over media discourse, complicates international information coverage, and jeopardizes journalistic practice in matters of global public interest.
The MacBride Report: A Historical Context
Title: “One World, Many Voices”
The MacBride Report emphasizes that the free flow of information is fundamental to democracy. It proposes eliminating barriers preventing balanced content dissemination and ensuring the plurality of sources and information channels.
In 1980, MacBride recommended promoting global democratic communication that respects cultural identities and individual rights, designing national communication policies harmonized with international freedom of the press and information standards.
The report stresses protecting information professionals from political or economic pressures and developing codes of conduct to strengthen journalistic integrity.
Comparing the Proposed Telecom Bill with MacBride’s Principles
The new telecom bill aims for a model contrary to MacBride’s principles, where the state retains regulatory, policy-making, and service operation functions in telecommunications, replicating statist control practices that MacBride condemned by associating them with information manipulation.
MacBride leaned more towards independent regulatory bodies and citizen participation mechanisms to prevent any form of censorship or power concentration in communication matters.
Key Principles for Democratic Legislation
Essential principles for democratic legislation should include regulatory autonomy, clear and transparent criteria for any measure or sanction established in law and subject to judicial control with defined timeframes and causes. Plurality of voices and sources should be guaranteed to ensure media diversity, preventing legal or economic barriers favoring a single actor.
User data and privacy in digital services should be protected, restricting ATDT or any authority’s interference without prior judicial order. Any form of preventive or discretionary censorship should be prohibited.
Citizen participation and public consultation in law, regulation, rule-making, and guidelines development should follow MacBride’s recommendations for establishing plural representation councils.
Key Questions and Answers
- Q: What is the MacBride Report? A: The MacBride Report, officially titled “Inquiry into the Ownership and Control of the Mass Media of Communication,” was a 1980 UNESCO document advocating for democratized communication, plurality of voices, and respect for the human right to information.
- Q: How does the proposed telecom bill contrast with MacBride’s principles? A: The proposed bill centralizes power and control, contradicting MacBride’s emphasis on regulatory independence, clear criteria for intervention, and plurality of voices.
- Q: What are the controversial aspects of the proposed telecom bill? A: The bill allows for blocking digital platforms without clear criteria and extends state surveillance over media discourse, complicating international information coverage and journalistic practice.
- Q: What principles should guide democratic legislation in telecommunications? A: Democratic legislation should prioritize regulatory autonomy, clear and transparent criteria for intervention, plurality of voices, user data protection, and citizen participation.
