Mexico Removes Controversial Article From Telecom Law

The Mexican government has removed Art. 109 from the new Telecommunications and Broadcasting Law, following criticism that it could enable censorship on digital platforms. José Antonio Peña, Head, Digital Transformation Agency, explained that the article was removed to prevent any misinterpretation. “Art. 109, which caused confusion and controversy, has been removed. As the president stated, there is no censorship in this government,” he said.

Peña Merino also emphasized that the law is intended to promote digital connectivity and expand internet access. He noted that the goal is to connect the 15 million people in Mexico who still lack access to the internet.

Telecommunications and Broadcasting Law Controversy

Last month, the Senate received a legislative proposal from President Sheinbaum aimed at enacting a new Law on Telecommunications and Broadcasting. The initiative seeks to bolster national sovereignty, restrict foreign interference in Mexican media, and restructure the country’s telecommunications regulatory framework.

The controversy emerged when it was revealed that the article allowed authorities to request the temporary blocking of digital platforms for failing to comply with legal obligations, raising concerns about potential restrictions on freedom of expression.

The proposal also drew responses from organizations and opposition parties. The latter warned of a potential “digital authoritarianism,” while the Office in Mexico of the UN High Commissioner for Human Rights urged the government to ensure open consultations and to consider international standards on freedom of expression.

The bill also raised red flags under international trade obligations. The  Institute for Telecommunications Law (IDET) points out that the proposed legislation violates multiple USMCA provisions, particularly those guaranteeing regulatory independence and fair competition. It also warns of the implications of new restrictions on cross-border data flows, noting that these measures could trigger international disputes and lead to unfavorable arbitration outcomes for Mexico.

In addition, the bill outlines potential sanctions, including fines on digital platforms, a move IDET believes could dissuade major tech companies from continuing operations in the country. “Mexico is missing an opportunity to strengthen its telecom sector. Open forums are needed so experts and the international community can help shape a forward-looking policy,” says the institute.