Puebla’s Cyber-Media Law Sparks Freedom of Expression Debate

Puebla’s recently approved Cyber-media law introduces a robust legal framework to combat digital crimes such as identity theft, online fraud, and cyberbullying. While designed to protect citizens and strengthen cybersecurity, the legislation has sparked debate over its potential impact on freedom of expression and corporate communication strategies.

On June 12, the Congress of the State of Puebla approved the "Cyber-Media Law," a reform to the Penal Code that classifies and sanctions various digital crimes. The legislation, which entered into force on June 14, establishes a new regulatory framework that directly affects business operations, risk management, and corporate communication strategies in the region.

According to state authorities, the main objective of this legislation is to protect citizens in the digital environment. "This law seeks to protect all citizens of Puebla from digital threats and crimes such as identity theft, online fraud, contact with minors for sexual purposes, digital espionage, and cyberbullying," said José Luis García, General Cabinet Coordinator, Government of Puebla, during a press conference. 

However, its enactment has generated debate. Critics, including Deputy Susana Riestra argue that the ambiguous language could be used to restrict freedom of expression. "The Mexican government is against any type of censorship, we are proud to follow the line of a government in favor of freedoms and rights," Riestra says. This perspective led to a federal-level response, escalating the debate beyond state jurisdiction and placing it in the broader national discourse on digital rights and regulation.

Legal Framework and Specific Penalties

The reform, published in the Official State Gazette, introduces significant criminal penalties for offenses such as identity theft, digital espionage, electronic fraud, and cyberbullying, which can be punished with up to three years in prison and fines of up to MX$33,000 (US$1,735). For companies, this sanctioning framework increases the level of risk associated with cybersecurity incidents and the management of digital platforms.

The law introduces several direct implications:

• Review of Communication Protocols: Companies with operations or brand presence in Puebla must conduct a comprehensive audit of their digital communication and social media policies. Language used in marketing campaigns, corporate communications, and public relations should be reviewed to ensure it is not interpreted as a "discrediting campaign," particularly in competitive analysis contexts.

• Cybersecurity Risk Management: The law not only penalizes attackers but also establishes an environment in which the consequences of a security breach, such as identity theft involving the company or its clients, carry more severe legal repercussions in the jurisdiction.

• Third-Party Liability: Companies may be held liable for the actions of employees or service providers, such as digital marketing agencies, making it essential to update internal codes of conduct and third-party contracts to align practices with the new legal requirements and mitigate the risk of shared liability.

The federal government’s response has introduced uncertainty regarding the permanence of the law's current text. Rosa Icela Rodríguez, Minister of the Interior, representing the federal executive branch, expressed support for a review of the law to safeguard freedom of expression. 

In line with this position, Alejandro Armenta, Governor of Puebla, invited the State Congress to organize forums for analysis with participation from citizens, journalists, and other interested sectors to discuss and potentially modify the scope of the law. 

García says that the law aims to protect citizens from digital threats and crimes, emphasizing that it is a protective measure rather than a tool for censorship and was developed with input from various sectors concerned about the rise in severe incidents on social media. He says that the state is committed to freedom of expression, adding that the government will closely monitor the forums organized by the state congress to clarify the law’s scope and strengthen its legal framework.