Deputies Propose Law to Regulate AI in Mexico

Deputies from MORENA and the Ecologist Green Party of Mexico (PVEM) presented a legislative initiative to create the Federal Law for the Ethical, Sovereign, and Inclusive Development of AI, with the objective of establishing a regulatory framework for the use of this technology in the country.

"We had nothing in Mexican legislation that allowed or empowered institutions that interact with the use of AI to be able to regulate it," says Congressman Javier Herrera, President, Oversight Commission of the Superior Audit Office of the Federation, during a press conference.

The initiative arises from the existing regulatory vacuum in Mexico regarding the development and application of AI systems. The absence of regulation has generated concerns about the protection of human rights, the ethical use of automated technologies, and technological sovereignty. The proposal incorporates contributions from academia and actors implementing AI in different sectors.

The bill aims to ensure that the development and implementation of AI-based technologies respond to the values of human dignity, social justice, and collective welfare.

Among the central elements of the proposal is a traffic light system of risks, designed to classify AI technologies into four levels — minimal, limited, high, and prohibited — according to the degree of impact they may have on human rights and people's daily lives. This classification will allow authorities to identify more precisely which technologies require stricter controls and which can operate with less oversight.

The legislation also provides a number of specific prohibitions to prevent the misuse of AI. These include the prohibition of the use of systems for mass surveillance without a court order, extreme psychological manipulation, social coercion, and the exploitation of vulnerable people, with special emphasis on the protection of children. These measures seek to establish clear limits on the development and deployment of technologies that may represent a significant risk for sensitive sectors of the population.

The proposed legislation also aims to guarantee rights associated with the use of automated systems. The initiative recognizes that every person must be informed when an AI makes decisions that affect their life, in addition to having the possibility of challenging such decisions and seeking redress in the event of harm. This provision aims to promote algorithmic transparency and preserve people's ability to exercise control over the technologies that impact them.

To ensure the traceability and effective supervision of AI systems that are developed or applied in the country, the legislation proposes the creation of a National Registry of AI Systems. This instrument will make it possible to consolidate an official inventory and monitor the use and evolution of these technologies. At the same time, it foresees the establishment of the National AI Council, an autonomous, technical and plural body that will be responsible for supervising the implementation of the law, issuing guidelines, and updating criteria in accordance with technological advances.

The law would contemplate several measures to protect minors, including specific impact assessments, early warning mechanisms, and the prohibition of the use of AI for purposes of manipulation, profiling, or emotional exploitation of minors. 

Finally, the legislation proposes a boost to technological sovereignty through the development of national technologies. Domestic innovation will be promoted, seeking to reduce technological dependence on foreign countries and strengthen the country's internal capabilities.

The bill also contemplates the inclusion of digital platforms in the regulations, in order to strengthen copyright and freedom of expression of content creators, according to Sergio Mayer Bretón, Member of the Chamber of Deputies, MORENA.

The legislation was supported by other MORENA legislators, who emphasize the urgency of establishing a legal framework in view of the growing adoption of automated tools in public and private spheres. They also call for the opening of participatory spaces, such as academic forums, to enrich the technical discussion.