In a significant development for Mexico's telecommunications landscape, a new Law in Matters of Telecommunications and Broadcasting was approved by the United Commissions of Radio, Television and Cinematography; Communications and Transportation; and Legislative Studies on April 24, 2025. This 226-page document, comprising 283 articles, was presented just hours before the session, leading to intense debates among lawmakers.
The proposal has sparked controversy, particularly due to its provisions that critics argue could lead to increased state censorship. The initiative was notably influenced by recent anti-immigrant advertisements aired on Mexican television by the U.S. government, which prompted President Claudia Sheinbaum to address the issue of foreign propaganda. She labeled the U.S. ad, which featured Secretary of National Security Kristi Noem, as "discriminatory" and stated it had been broadcast for months.
Among the most contentious aspects of the new law is the dissolution of the Federal Telecommunications Institute (IFT), the autonomous body responsible for regulating the telecommunications sector. Its functions will be transferred to a newly created Agency for Digital Transformation and Telecommunications, which will oversee the regulation, supervision, and promotion of public policies in telecommunications and broadcasting.
During the legislative discussions, opposition members expressed concerns that the law would enable government censorship. Senator Ricardo Anaya from the National Action Party (PAN) criticized the timing of the proposal's presentation, calling it a "Censorship Law" and warning that it would concentrate power in the hands of a single agency. He argued that the law would allow authorities to control what can be broadcasted across various media platforms, including social media.
Senator Anaya specifically pointed to Article 109, which grants the Agency the authority to block digital platforms at the request of undefined competent authorities. This provision, he argued, poses a severe threat to freedom of expression online, as it could enable arbitrary restrictions without judicial oversight.
In defense of the law, Senator Aníbal Ostoa Ortega of the ruling party, Morena, asserted that the media have historically served as tools for manipulation by foreign interests and elites. He contended that the new legislation aims to reclaim Mexico's communicative sovereignty, particularly in light of the recent foreign propaganda incidents.
The law also includes provisions to regulate the use of the radioelectric spectrum and establish new modalities for concessions, which will now be granted by the Agency through various methods including auctions and direct assignments. Additionally, it introduces a registry for mobile phone users that can be accessed by authorities under specific guidelines set by the Agency.
Notably, the law dedicates three articles to curbing foreign government propaganda. Articles 201, 202, and 210 stipulate that any content transmitted in Mexico, which has been paid for or sponsored by foreign governments or entities, must receive prior written authorization from the Ministry of the Interior. Furthermore, it prohibits foreign governments from using Mexican media to influence domestic affairs.
While the ruling party argues that these measures are necessary to protect national interests, critics, including Senator Lilly Téllez, have warned that the law represents an attack on freedom of expression. Téllez stated, "The president intends to give a shot of grace to freedom of expression. Censorship is a direct assault on democracy."
The legislative process is expected to move quickly, as the ruling party holds a majority in both the Senate and the Chamber of Deputies. Following the approval in committee, the full Senate is set to discuss and vote on the bill in the upcoming ordinary session.
In response to the backlash, President Sheinbaum has denied that the initiative promotes censorship, asserting that it focuses on regulating illegal activities and ensuring compliance with tax laws. She emphasized that the Agency would not interfere with content but would act in cases of legal violations.
Secretary of Economy Marcelo Ebrard further clarified that a new Anti-Monopoly Commission would be established to oversee competition and prevent monopolistic practices within the telecommunications sector. He noted that this structure aims to align with modern legislative practices seen in other countries.
As the debate continues, many are calling for a more inclusive discussion on the implications of the new law, particularly concerning its potential impact on human rights, privacy, and freedom of expression in Mexico. Critics argue that rushing the approval process could lead to significant repercussions for civil liberties.
In conclusion, the new Law in Matters of Telecommunications and Broadcasting represents a pivotal shift in Mexico's media landscape, raising critical questions about government control, foreign influence, and the future of free speech in the country.
