SCJN endorses the unilateral elimination of content on the internet

In this regard, they noted that this system will also allow those affected by the removal of content to verify that it is not violating the copyrights of any other person.

“I am aware that the related precepts could have been elaborated more precisely; However, the analysis of this system of rules in light of the context they regulate and in which they must operate, seems to me sufficient to generate the degree of certainty necessary to endorse its constitutionality,” commented Minister Juan Luis González.

A measure that violates freedom of expression

The organization Article 19 highlighted the risks of validating a mechanism of this nature, as there is evidence that this type of system has been “systematically used to censor content of public interest under alleged copyright violations.”

He criticized the fact that although the law contemplates a counter-notice method to restore the material, this does not generate its automatic restoration, but rather 15 business days must pass. In the event that the person who requested the deletion of the publication decides to report it to another instance, the content will continue to be deleted indefinitely.

“Even if the contents are restored after the presentation of a counter-notice, the damage to freedom of expression, both in its individual and collective dimensions, would already be done. Especially in dynamic contexts such as protests or elections,” commented Article 19.

For its part, the Mx Media Alliance said that this mechanism is risky, as it will open the door to false copyright reports being made, with the aim of internet service providers eliminating content without verifying it.

It should be noted that according to Proceso, the SCJN requires one or two more votes for the validity to become official. However, ministers Loretta Ortiz and Margarita Ríos were not in the vote, so the minister president, Norma Piña, decided to wait until next Monday to make the official declaration.