The Supreme Court of Justice of the Nation (SCJN) declared the General Law of Social Communication unconstitutional yesterday, approved in the mandate of Enrique Peña Nieto (2012-2018) to regulate government propaganda, considering that it “does not clarify or detail the criteria” for spending on official advertising.
The purpose of the law was to regulate the government propaganda model and to ensure that spending on this matter was efficient and transparent.
The First Chamber of the SCJN resolved to grant an amparo to the organization Article 19 against the General Law of Social Communication “because it does not fully comply with the task entrusted, inasmuch as it does not clarify or detail the criteria to which spending on social communication must be subject,” the court magistrate Juan Luis González Alcántara Carrancá.
The SCJN recalled that the organization Article 19 “had a legitimate interest to challenge the General Law of Social Communication, by virtue of the fact that its corporate purpose is linked to the defense of the rights of freedom of expression and information.”
The court explained that the effect of the amparo is for Congress to comply with the obligation established in the third transitory article of the decree of the constitutional reform of February 10, 2014 regarding the regulation of government propaganda.
At the end of April 2018, the organization Article 19 criticized that the so-called “Chayote Law,” did not foresee clear contracts for official advertising, and established the Ministry of the Interior as the organ awarded the propaganda contract, thus becoming an “instrument of political control” of the media.
In November 2017, the Office in Mexico of the United Nations High Commissioner for Human Rights (UN-DH) urged Congress to pass legislation that would regulate “spending on official advertising in order to protect the exercise of freedom of expression”.
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