Mexico publishes broadcast audience rights guidelines, clarifies limits on information restriction

Mexico's Telecommunications Regulatory Commission (CRT) has published comprehensive guidelines on protecting the rights of broadcast audiences, ensuring these regulations do not infringe upon fundamental freedoms. The "General Guidelines for the Protection of Audience Rights" were officially published in the Official Gazette of the Federation (DOF).

A key clarification within the guidelines states: "These Guidelines may in no case be interpreted to restrict or limit the right to information, freedom of expression, programmatic freedom, editorial freedom, nor to exercise any type of prior censorship over the Content of Open Television and Radio Concessionaires and Pay Television and Audio Concessionaires."

During a public consultation phase, the CRT received 8,889 submissions addressing various aspects, including the duty of diligence in news reporting, mechanisms for protecting audience rights, supervision and sanctions, and the distinction between content and advertising. The guidelines emphasize that constitutional provisions require broadcasting services to preserve the veracity of information.

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These Guidelines may in no case be interpreted to restrict or limit the right to information, freedom of expression, programmatic freedom, editorial freedom, nor to exercise any type of prior censorship over the Content of Open Television and Radio Concessionaires and Pay Television and Audio Concessionaires.

Furthermore, the regulations mandate that broadcasters must issue Codes of Ethics to safeguard audience rights, ensuring compliance with constitutional articles related to the rights to information and expression. Specifically, concessionaires are required to take necessary measures to avoid disseminating false or decontextualized information, or presenting historical information as current, adhering strictly to their established editorial criteria and ethical values.

The guidelines also establish a mechanism for defending audience rights through a procedure for receiving and addressing complaints from the public. The "audience ombudsman" is responsible for registering, responding to, documenting, processing, and following up on these complaints, as well as making recommendations to the media outlets.

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It is warned that the constitutional text itself establishes that in the service of broadcasting, open television, and radio, the veracity of the information must be preserved, among other things.