Revise Mexico's Audience Rights Regulation

Human Rights Watch

(Mexico City) ­- Mexico's government has proposed regulations on "rights of audiences" that pose a threat to freedom of expression, Human Rights Watch said today.

On July 28, 2026, the government announced a draft regulation that, if issued, would grant the Telecommunications Regulatory Commission-a body under the executive branch-broad powers to fine media outlets that publish allegedly "false," "decontextualized," or "outdated" information.

"Accuracy is a cornerstone of responsible journalism, but the government should not be in charge of deciding whether media outlets are doing their job well," said Jorge Peniche, senior Mexico researcher at Human Rights Watch. "The Mexican government should revise this draft of administrative rules to ensure it does not threaten free speech and independent media."

Mexican law recognizes the rights of audiences as part of people's right to receive information and has established, since 2014, that broadcast outlets are required to self-regulate through codes of ethics, and to appoint internal ombudsmen's offices where people can present claims. The new proposal, however, would allow people to appeal a decision by an ombudsman to the Telecommunications Regulatory Commission. Among other oversight powers, the Commission would be allowed to overturn these decisions, and fine outlets up to 1 percent of their annual taxable income if it considers that they published "false," "decontextualized," or "outdated" information.

Although Mexican law provides that the Commission should have "technical independence" to carry out its decisions, the Commission operates under the ministerial-level Agency for Digital Transformation and Telecommunications, in the executive branch. Its members are nominated by the president and appointed by the Senate, where Morena, the ruling party, has a two-thirds majority.

Mexico is a state party to the International Covenant on Civil and Political Rights and the American Convention on Human Rights, which recognize the right to seek, receive, and impart information and ideas. The Inter-American Commission on Human Rights' Declaration of Principles on Freedom of Expression notes that "[p]rior conditioning of expressions, such as truthfulness, timeliness or impartiality, is incompatible with the right to freedom of expression..." It also states that journalistic activities should be guided by ethical conduct which "should in no case be imposed by the State."

Such provisions are easily weaponized to stifle independent reporting and are likely to have a chilling effect even where that is not their underlying goal, Human Rights Watch said.

The proposal is being discussed at a time when a cabinet-level government official used a government-broadcast segment called "Right of Reply," aired weekly from the National Palace of the government, to single out journalists and media outlets that she said are part of a "coordinated effort" to spread "fake news."

"The best defense against disinformation is a media environment that allows for diverse and plural sources of information, not having an official body empowered to punish news outlets whose coverage the government chooses to label inaccurate," Peniche said.

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