Government Assures Public of No Surveillance or Censorship
On Tuesday, the Mexican government clarified that the newly proposed Telecommunications and Broadcasting Law does not grant authorities the power to engage in espionage or censorship. The mechanisms outlined in the Senate-approved draft replicate those already present in the 2014 law that has been in effect.
José Antonio Peña Merino Addresses Concerns
José Antonio Peña Merino, head of the Digital Transformation and Telecommunications Agency, addressed these concerns during a morning press conference on July 1st. He explained that Article 183 of the draft maintains the same language as Article 190 in the 2014 law, requiring concessionaires to cooperate with authorities legally without granting access to data for the agency or the new regulator.
Judicial Orders Required for Data Access
Peña Merino further clarified that both Article 182 of the draft and Article 303 of the National Criminal Procedures Code stipulate that any access to stored data or real-time geographical location requires a written, warranted order from a competent authority.
No Censorship, Only Audience Rights Protection
Regarding censorship accusations, Peña Merino emphasized that audience rights—established in Article 6 of the constitution—remain untouched. Protection begins with a complaint from users to the media’s ombudsman, not through direct regulator intervention.
“There is no censorship; there are audience complaints,” Peña Merino stressed.
He also mentioned that these rights cover diverse content, non-discrimination, gender equality, distinction between advertising and programming, and attention to children’s programming. The legal mechanisms only allow a warning to the media in case of non-compliance.
No Risk of Identity Theft with Llave MX
In response to criticisms about potential identity theft through the Llave MX platform, Peña Merino stated that it’s currently impossible to complete any transaction solely using this tool.
“You cannot initiate and finish a process just with Llave MX. Additional documentation validated by a public servant is always required,” he explained.
No Identity Theft Risk with Llave MX
Peña Merino assured that although it’s possible to create an account using someone else’s CURP, this does not imply identity theft since no transaction can be completed without official documents verifying the user’s identity.
Key Questions and Answers
- Q: Does the new law allow for surveillance or censorship? A: No, the law does not grant such powers. It maintains mechanisms similar to those in the 2014 law.
- Q: How are audience rights protected under this law? A: Audience rights remain intact, with protection beginning from user complaints to media ombudsmen rather than direct regulatory intervention.
- Q: What are the requirements for accessing stored data or real-time geographical location? A: Access requires a written, warranted order from a competent authority as per Articles 182 and 303.
- Q: Is there a risk of identity theft with Llave MX? A: No, additional documentation validated by a public servant is required to complete any transaction, preventing identity theft.
