Private sector questions audience rights guidelines, warns of risks to free expression

Mexico's private sector is voicing strong objections to proposed government guidelines on audience rights, warning that the measures could undermine freedom of expression. Organizations argue that the "General Guidelines for the Protection of Audience Rights" contain "indeterminate legal concepts" that lack objective technical criteria. This ambiguity, they contend, could create regulatory uncertainty and open the door for discretionary decisions that conflict with constitutional and conventional standards for free speech.

The Asociación de Internet Mx stated that while audience protection is important, it should not hinder free expression. They emphasized that a democracy needs responsible media but also requires the state to scrupulously respect editorial freedom and avoid mechanisms that could lead to direct or indirect censorship. The association fears that the "open concepts" within the guidelines could empower administrative authorities to evaluate editorial content, effectively replacing the professional judgment of journalists and media outlets.

México Evalúa echoed these concerns, suggesting that certain provisions might unnecessarily expand state intervention in media operations and editorial decisions. They highlighted the potential for these guidelines to create incentives for restricting content or avoiding controversial editorial choices. A particular worry is the possibility of the Telecommunications Regulatory Commission ordering the precautionary suspension of broadcasts, a power outlined in the new Telecommunications and Broadcasting Law for violations of audience rights guidelines. The combination of this power with fines of up to 1% of a concessionaire's cumulative income for each infraction is seen as particularly sensitive when journalistic or editorial content is involved, due to its potential impact on freedom of expression and the press.