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Sheinbaum rules out censorship and calls for the "modification or elimination" of an article in the new Telecommunications Law.

Sheinbaum rules out censorship and calls for the "modification or elimination" of an article in the new Telecommunications Law.

Sheinbaum rules out censorship and calls for the
President Claudia Sheinbaum's conference. Photo: Eduardo Miranda

MEXICO CITY (apro).- After admitting that there is "confusion" in part of the Telecommunications and Broadcasting Law and in response to allegations of censorship, President Claudia Sheinbaum asked senators to modify or eliminate Article 109, related to digital platforms.

"That particular article (109) needs to be amended to be clear or eliminated; that's not the purpose of the (Telecom) law. If it creates confusion and is thought to be intended to censor, that was never the purpose. In any case, the article should be removed and the wording amended to make it absolutely clear that the Mexican government will not censor anyone, much less anything published on digital platforms," ​​he stated.

Regarding Article 109, the federal president complained that "they've created a tremendous scandal, so we're removing that article from the issue. It was supported by other institutions of the Mexican government. But if there's any doubt that we're going to censure, that's fine, or modifying the wording is fine. We'll leave it to the senators."

The call to eliminate the article, according to the president, is a matter related to the Tax Administration Service (SAT), although she admitted that the Digital Transformation and Telecommunications Agency (ATDT) would have the authority to take down digital platforms.

"There's a lot of discussion on this topic: One section about an article that was left out about digital platforms establishes that the agency can take down the platforms. It has nothing to do with content censorship; it's giving authority to the agency involved when the SAT determines that a platform is violating the law, or when some other entity does," but he didn't provide further details on the reasons why the takedowns would be made.

He added: "In any case, that article needs to be clarified so that we don't give the opposition or anyone else any arguments that we want to censor a digital platform like Facebook, YouTube, etc. We have always been against censorship," he said.

On several occasions, the head of the federal executive branch referred to this issue: "Because of all the fuss that has arisen over the Telecommunications Act, it's a law that has been in the works for months. A section was recently added to prohibit foreign governments from broadcasting political and ideological propaganda in our country."

He added that "with the disappearance of the autonomous agency, the powers of that agency are then separated into part within the digital agency and part within the new antitrust agency, as is the case in addition to the new article."

Another aspect of the bill submitted by the Executive Branch is related to the powers that the Mexican State will regain, an area on which they will not back down.

“Yes, we were discussing it yesterday with the Secretary of the Interior, and there are doubts. Let's open the discussion in the Senate. It doesn't have to be approved on Tuesday, let's open the discussion. The CIRT, for example, has doubts. Let's raise them there in the Senate. Let's have Pepe Merino present, let's have experts who helped draft this law present why the restoration of powers is essential for the Mexican State.”

Unlike his position on what has been accused of censorship, regarding antitrust powers, he said that the opening would be for informational purposes only.

"It's not about imposing anything; what we're talking about is that we're not going back to what existed before. It's a new system that has nothing to do with authoritarianism, but rather with recovering powers. And if it can be improved, then it can be improved, but we're not going back to what existed before."

To clarify, the president stated that "the article that deals with digital platforms. It has never been our desire to censor anyone, so modifying the wording or eliminating the article is fine because that is not the focus of the law. And regarding the discussion of how the agency's powers are restored and what powers remain with the new competition authority, they should open the discussion in the Senate and, in any case, call an extraordinary session in June or May so that it can be approved."

Since this regular session closes on April 30, to avoid criticism that the approval was fast-tracked, which could lead to the belief that it was imposed, the president requested an open discussion, although she indicated that they would seek informative sessions on why the State should regain these powers.

"Let's enrich the proposal we made within the framework of what was presented, and once the direction of this law is clear, let's call for an extraordinary session, which could be in May. We want to submit several laws before the judicial branch election because it's essential (...) they have to be approved before September."

He even suggested there could be up to three extraordinary periods, "in any case, there's plenty of time between April 30 and September 1. If necessary, we would speak to Congress to open these extraordinary periods so that the two laws we submitted don't have to be approved on Tuesday, and so that a period can be opened to understand the meaning of what we're proposing, what powers we want to recover that remain with the competition authority."

He reiterated that he wants the controversial article on digital platforms not to become the focus of the discussion "because our goal has never been to censor or censor anyone at all; on the contrary, we have always professed, believed in, and promoted freedom of expression."

He recalled that the changes seek to ensure that the powers previously held by the defunct IFT and Cofece are now exercised by the ATDT and a new agency, in order to prevent the continuation of monopolistic practices, which private entities now accuse the State itself of committing.

The new body, he stated, will be antitrust and will be composed of members whose names will be sent to the Senate for approval. Once in office, they will have the technical independence to determine whether any financial institution is committing irregular or monopolistic acts.

The president also warned that her initiative addresses the number of people who worked at the IFT and Cofece "because some didn't need so much staff, but they will continue to perform these functions with technical autonomy."

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