Overview and Background
The Mexican Senate recently approved a new telecommunications law, which has sparked debate and concern over potential implications for freedom of expression and privacy.
On the weekend, the Senate passed the Decree by 77 votes from Morena, PVEM, PT, and MC against 30 from PAN and PRI. The Decree establishes the new Ley en Materia de Telecomunicaciones Y Radiodifusión, replacing the existing Federal Telecommunications and Broadcasting Law. The bill was then sent to the Chamber of Deputies for review and potential approval.
This development follows the constitutional reform in telecommunications, as outlined in Article 10 of the Decree promulgated on December 20, 2024. The new law aims to create a new regulatory authority with technical independence for managing spectrum concessions and internet, radio, television, and satellite services regulation.
Key Provisions of the New Law
Javier Corral (Morena) explained that the new law’s main transformation is the creation of a new regulatory body, an autonomous colegial organ with technical management and operational independence. This body will serve as the highest authority for resolving spectrum concessions and regulating internet, radio, television, and satellite services.
Corral emphasized that the new law prioritizes “technical deliberation over political considerations.” Another authority, the Antimonopoly Agency, will determine the dominant player in telecommunications and enforce asymmetric regulation without affecting end-users.
- User registration for mobile telephony will be eliminated, requiring only identification with the service provider when purchasing a SIM card to ensure each line is linked to an individual.
- Consumer rights in telecommunications services will be protected, ending operator abuses of changing user modalities or plans without consent.
- The temporary platform blocking power, as initially proposed in Article 109 of the presidential initiative, has been removed to dispel any censorship suspicions.
- The foreign governments’ propaganda scheme has been modified to prevent preemptive censorship, allowing the unrestricted diffusion of cultural, sports, and tourism content.
Opposition Concerns
Ricardo Anaya, PAN coordinator, anticipated his party’s opposition to the Decree due to concerns over Article 183, which allows the federal government to request telecom companies for real-time geolocation data of mobile phones without a court order.
Article 250, fraction I, enables the government to suspend transmissions if it believes content violates audience rights to receive pluralistic ideological content.
“Geolocation in real-time, the power to suspend transmissions, is censorship and authoritarianism,” Anaya stated.
PRI’s Manuel Añorve Baños criticized the majority of expert proposals in telecommunications sector consultations organized by the Senate being “completely ignored.”
“We clearly state that this law is Morena’s excuse to eliminate freedom of expression and impose digital authoritarianism they’ve always dreamed of for Mexico,” Añorve Baños said.
He warned about the Comisión Reguladora de Telecomunicaciones (Telecommunications Regulatory Commission), which will replace the Instituto Federal de Telecomunicaciones (Federal Telecommunications Institute), having the authority to order precautionary suspension of transmissions without a court order, potentially threatening freedom of expression.
Key Questions and Answers
- What is the new Mexican telecommunications law about? The new law aims to establish a new regulatory authority with technical independence for managing spectrum concessions and regulating internet, radio, television, and satellite services.
- What are the main concerns of the opposition? Opposition parties, particularly PAN and PRI, are concerned about potential censorship and infringement on privacy rights due to the real-time geolocation data request and the government’s ability to suspend transmissions based on ideological pluralism.
- How will this law impact end-users? End-users will no longer need to register for mobile telephony services, and their information will only be shared with service providers. The law also aims to protect consumer rights and prevent abusive changes in service modalities or plans.
