The Patronal Confederation of the Mexican Republic (Coparmex) warned this Friday that the reform of telecommunications and broadcasting promoted by the Government puts at risk the stability of the sector, legal certainty, and fundamental rights such as freedom of expression and access to information.
In a statement, the agency acknowledged that the pause in the legislative process represents an opportunity to thoroughly review an initiative that, in its current form, “compromises essential principles for the development of the ecosystem.”
Coparmex said that the project eliminates the autonomy of the regulatory body by replacing it with an agency attached to the Executive, which contradicts commitments acquired in the treaty between Mexico, the United States and Canada (TMEC) and generates an environment of uncertainty for investors and operators of the sector.
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“The proposal raises substantial risks: it eliminates the autonomy of the regulator, erodes legal certainty, against TMEC commitments and weakens competition by allowing state entities to offer commercial services under subsidy schemes,” he said.
The agency qualified as worrying the possibility that the new agency order the blockade of digital platforms without prior judicial intervention.
According to Coparmex, that provision, included in article 109 of the initiative, “violates fundamental rights and opens the door to censorship”, in addition to lacking safeguards that guarantee due process.
Coparmex also warned about “ambiguity” in the definition of digital platforms contained in article 3, which excessively expands the agency’s powers, contradicts the principle of technological neutrality and could generate conflicts with key TMEC articles.
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Another of the critical points that the business organization identified is the suspension of all the procedures of the sector for a period of 60 days, contemplated in a transitory article, which would negatively impact investments, deployment of infrastructure and development of technologies such as 5G.
Finally, the agency called to Congress to review the initiative with responsibility, maintain the autonomy of the regulator, eliminate provisions that threaten fundamental rights and guarantee an orderly and technical transition.
CCE trusts legislation that fosters legal certainty
The Business Coordinating Council (CCE) is confident that the provision of the Senate to open the proposal of the new Telecommunications Law derives in a regulatory framework that fosters market development, legal certainty and freedom of expression.
“We trust that this process derives in a balanced regulatory framework that, based on the principle of the State Rectory, fosters the development of markets, legal certainty and freedom of expression,” he said Friday in a statement.
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The agency recognized the sensitivity and disposition to the dialogue shown by President Claudia Sheinbaum after criticism from different sectors to her proposal.
The CCE expressed its willingness to participate in the consultations convened by Congress, in order to contribute its views and contribute to the construction of consensus for the improvement of the proposed legislation.
Yesterday, the Office in Mexico of the UN High Commissioner for Human Rights called on the Senate in the Social Network X to guarantee consultation spaces, and to consider international standards in freedom of expression, information, privacy, digital and indigenous rights.
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Also on Thursday, the Network in Defense of Digital Rights assured in a statement that the initiative grants to the new digital transformation and telecommunications agency the power to block digital platforms, when requested by the competent authorities, which does not define, “in cases of non -compliance with provisions or obligations provided for in the respective regulations that are applicable to them”.
He argued that the drafting of the initiative would make it possible to make an extreme restriction to freedom of expression on the Internet without the need for a court order that determines that a content or action is illegal and of gravity to justify said measure.
He added that the initiative tries to create a registration similar to the National Register of Mobile Telephone Users, declared unconstitutional by the Supreme Court in 2022.
He pointed out that the Telecommunications Law does not indicate what the so -called “Mobile Service Users Registry” refers to, but it does empowers the digital transformation agency and telecommunications to allow the authorities to consult the register “in accordance with the criteria and conditions established by the agency in the guidelines for this purpose.”
The organization also called the Senate to consider a broader and more inclusive discussion before approved the new law.
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