A proposed reform to Mexico’s Telecommunications and Broadcasting Law has raised serious concerns among civil society organizations, academics, and industry groups after it was approved on April 24 under 24 hours without public debate. The bill, passed by joint Senate committees, includes provisions that could jeopardize freedom of expression, privacy, and access to information.
In response to these concerns, Access Now and ARTICLE 19 have published a policy brief analyzing the bill’s human rights implications and offering recommendations to bring it in line with human rights standards.
The bill follows the 2024 constitutional reform that eliminated several autonomous agencies, including the Federal Telecommunications Institute (IFT). However, the federal government accelerated the legislative process shortly after Mexican media aired U.S. government advertisements containing discriminatory messages about migration.
A reform of Mexico’s Telecommunications Law is a chance to fix what was wrong with the previous legislation and build a fairer, more democratic system. It should not be used as a bargaining chip to sacrifice privacy or access to information.Agneris Sampieri, Latin America Public Policy Analyst at Access Now
One of the most alarming elements of the bill is the concentration of regulatory, operational, and sanctioning powers within a new body: the Digital Transformation and Telecommunications Agency (ATDT). Experts warn that this centralization must be accompanied by robust transparency and accountability mechanisms to prevent abuses of power.
Although the head of the ATDT has announced plans to remove provisions enabling the blocking of digital platforms, the original draft still has a clause allowing public security authorities to block communication signals “in the exercise of their duties.”
The bill also seeks to ban the dissemination of content funded by foreign governments or entities, with only limited exceptions. This could lead to the censorship of vital public health, human rights, or international cooperation campaigns.
Another major concern is the retention of mandatory metadata storage for 24 months and the creation of a national mobile user registry, reviving a measure similar to the PANAUT, which was previously ruled unconstitutional for violating privacy and data protection rights.
It is outrageous that the U.S. government is spreading messages that threaten and discriminate against migrants, but that should not distract from or rush through a critical debate on a new law that could endanger freedom of expression and privacy,Priscilla Ruiz Guillén, Legal Coordinator of the Digital Rights Program at ARTICLE 19
Access Now and ARTICLE 19 call on the Mexican Congress to open a transparent and participatory legislative process that places fundamental rights at its core and fosters a more just and inclusive digital ecosystem.