Mexico’s proposed new telecommunications law has been modified after controversy about one of its provisions which, critics have suggested, could enable censorship on digital platforms.
The Mexican government has reportedly removed Article 109 from its new Telecommunications and Broadcasting Law to prevent any misinterpretation.
The article allowed authorities to request the temporary blocking of digital platforms for failing to comply with legal obligations. The rather vague provisions were highlighted by a number of commentators who suggested it could result in restrictions on freedom of expression.
According to Mexico Business News, the new law seeks to bolster national sovereignty, restrict foreign interference in Mexican media, and restructure the country’s telecommunications regulatory framework. The hope is that it will promote digital connectivity and expand internet access; some 15 million people in Mexico still lack access to the internet.
These ostensibly laudable aims have been overshadowed by the controversy over article 109, with comment coming not just from local organisations and opposition parties but from the Office in Mexico of the UN High Commissioner for Human Rights.
Recent US government anti-immigration advertising may at least have partly inspired some of the provisions of the bill. It is suggested that President Sheinbaum wants to ban such ads, which she has described as discriminatory and racist.
However, the Institute of Telecommunications Law (IDET), a Mexican civil association, has reportedly pitched in on other parts of the law, pointing out that the proposed legislation violates multiple United States-Mexico-Canada Agreement (USMCA) provisions, particularly those guaranteeing regulatory independence and fair competition.
It also suggests that new restrictions on cross-border data flows could lead to international disputes and argues that potential fines on digital platforms could cause some big tech companies to reconsider continuing their operations in the country.
