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M
e x i c o 22. LEGISLATIVE BILLS THAT WOULD AFFECT
THE PRESS There have been several bills regarding the press in recent
years. One important initiative advanced would regulate Articles
6 and 7 of the Federal Constitution. It was intended to replace
the Print Law, revoking the Regulation of the Qualifying Commission
on Publications and Illustrated Magazines while establishing a National
Commission of News Media. The proposed project intended to regulate freedom of expression
and the right to information (Art. 1). Ultimately, the law would
regulate everything related to the relationship between the media
and its audience (Art. 2 Num. 1). The bill addresses the social function of communicators and
points out that it is their duty to disseminate information that
is true, objective, complete, plural and clear about facts and events
of public interest (Art. 4). Art. 5 declares that the state will guarantee the right to
information for all members of society vis-a-vis the state itself
and the news media. It defines something as being of public interest
when said interest is protected by the state (Art. 6). According to Art. 8, there is no prior censorship, but there
are ultimate duties and responsibilities. Consequently, the absence
of censorship is subject to necessary restrictions to ensure respect
for rights and for privacy, the reputation of others and for the
defense of national security, public order and public morals. It defines respect for privacy, morality, peace and public
order as limiting freedom of expression, according to Art. 10 of
the project. It bans the news media from presenting distorted images,
texts or concepts that threaten the dignity of any individual. (Art
11d). An attack on the privacy or honor of persons (Art. 15 II) or
when news is not presented truthfully or objectively (Art. 15 IV)
is seen as unlawful application of the right to information. Art. 24 links exemptions to the right of information to issues
of national security defense, criminal investigations that may endanger
the physical safety of third parties or legal proceedings. Art. 36 establishes the right of reply and places that right
under the supervision of the National Commission of News Media. The project creates a body called National Commission of News
Media (CNCS) which has the special duty of resolving complaints
by persons who claim that retractions or replies requested under
the terms of the project?s Art. 36 are not published or are published
inadequately. A variety of broad functions with respect to the news media
assigned to the CNCS constitute tools for intervention and regulation.
Among others, it has the function of settling complaints that arise
between the news media, the government and the public
in relation to the practice of freedom of expression and
the right to information, as detailed in Art. 42. Thus, the commission
can define those relationships by means of administrative rulings.
The CNCS is composed of three representatives of the federal
government and other sectors of society. This group must regulate
everything relating to the right to information, resolve and investigate
complaints arising from freedom of expression and right to information
matters, intervene as a mediator when such complaints arise, intervene
on its own initiative on behalf of the public interest when there
are violations of those liberties, penalize the violators, maintain
a national register of the news media, promote the issuance of codes
of ethics for the news media, etc. (Art. 51, ibid). Finally, the CNCS has the prerogative to balance freedom of
expression and of the press and the right to information with other
fundamental rights such as personal privacy as defined in Art. 52
of the draft law. The proposal empowers the CNCS to promote the issuance of codes
of ethics. It is unclear if this would be done on its own or through
third parties as may be understood from literal r of Art. 51. Also
projected as a CNCS duty would be the certification of press runs
and circulation of the media in order to regulate the placement
of official advertising, according to Art. 51.
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