It is unconstitutional to block a digital, nor temporary application or service, nor permanently, under any condition, said the organization article 19 on the presidential proposal of the new law on telecommunications and broadcasting.
The group that promotes and defends the rights of freedom of expression and access to information affirmed in a statement that international human rights standards prohibit the establishment of any means aimed at preventing communication and circulation of ideas and opinions, such as the blockade of digital platforms.
Article 19 warned that the proposal delivered only on Wednesday to the Senate and already approved this Thursday in commissions, represents a direct threat to freedom of expression and the right to information in Mexico.
The organization denounced that the initiative is promoted with rush, without public discussion, without open parliament and without clear technical arguments, which raises the risk of establishing a government control regime on the radio spectrum, media concessions and the supervision of the sector, generating risks of censorship and preference towards related actors.
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Among the most worrisome elements, article 19 pointed out that the proposal would allow to withdraw concessions to independent and critical means based on ambiguous or discretionary arguments, while excluding the guarantee of collective rights on the spectrum and the communal property of infrastructure in indigenous territories.
In addition, he warned that the new law does not recognize the right to communication with cultural and linguistic relevance of indigenous peoples, which represents a setback in matters of cultural rights and inclusion.
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Article 19 announced that it will soon publish a detailed analysis of the risks that the initiative represents and urged legislators to stop their approval, recalling that it is obliged to respect the current human rights framework.
The initiative is planned to be uploaded to the Senate’s plenary next Monday for discussion and approval.
The proposal indicates that the dealers who provide the broadcasting, television or audio service restricted in the country may not transmit political, ideological, commercial or any type of governments or foreign entities, with the exception of tourism or cultural promotion.
Nor will foreign governments be allowed to use national media to influence the country’s internal affairs.
In article 109, it indicates that “the competent authorities may request the collaboration of the agency (digital transformation) for temporary blockage to a digital platform.”
This will occur “in cases where it is appropriate for breach to provisions or obligations provided for in the respective regulations that are applicable to them” and the “agency will issue the guidelines that regulate the blocking procedure to a digital platform.”
The reform is part of the initiative that President Sheinbaum announced Monday to prohibit foreign propaganda paid after the dissemination in Mexico of commercials of the United States National Security Secretary, Kristi Noem, against migration.
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