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Covert censorship.

The IAPA Concerned About Initiative in Mexico to Combat "Cyberbullying"

17 de junio de 2025 - 12:18

Miami (June 17, 2025) – The Inter American Press Association (IAPA) expresses its concern over a reform to the Penal Code recently approved in Puebla, Mexico, which promises to combat "cyberbullying" but could be used to punish criticism that may be deemed uncomfortable.

Under the pretext of protecting personal rights, the approved initiative—referred to as the “cyberbullying law”—establishes mechanisms allowing anyone to request the removal of digital content without a court order or independent review. According to press reports, this could result in covert censorship and seriously limit freedom of expression in digital environments.

The reform introduces the crime of “cyberbullying,” defined as acts where someone “through the use of information and communication technologies, social networks, email, or any digital space, insults, injures, offends, aggravates, or mistreats another person with sufficient persistence to cause them harm or detriment to their physical or emotional integrity,” according to Aristegui Noticias. It imposes prison sentences ranging from 11 months to three years.

The reform authorizes companies and platforms to remove content upon a simple request, without judicial intervention or independent review. Critics argue this creates a fast-track mechanism for censoring legitimate criticism, uncomfortable testimonies, or journalistic investigations.

The language used in the reform covers both defamation and critical opinions or journalistic work. Critics say this vagueness opens the door to content being removed not because it is false, but due to pressure from powerful actors or vested interests.

Faced with the threat of arbitrary takedowns, journalists and media outlets may feel compelled to self-censor out of fear of reprisals, harming the diversity of information and limiting collective memory.

Following criticism from journalists and organizations, Puebla Governor Alejandro Armenta called for public forums to analyze the reform, which has already been published in the Official State Gazette. However, the president of the local Congress stated that the reform will remain in force.

The Declaration of Salta II, approved in October 2024, reaffirms that “rights linked to freedoms of expression and press must be equally guaranteed in analogic and digital environments..” Principle 4 states that any restriction on the right to disseminate information must: be established by law, be subject to judicial review by an independent authority, and comply with international human rights standards.

Furthermore, Principle 10 warns that suppressing or de-indexing information of public interest directly undermines the public’s right to be informed and to preserve collective memory. This regulation, framed under the narrative of personal protection, erodes these foundational principles.

José Roberto Dutriz, IAPA President and CEO/General Director of La Prensa Gráfica of El Salvador, emphasized, “What is at stake is the entire society’s right to be informed and to engage in debate. This initiative could erase uncomfortable information from the public space, harming collective memory and accountability.”

Martha Ramos, Chair of the IAPA’s Committee on Freedom of the Press and Information and Director of Organización Editorial Mexicana (OEM), stressed, “This law risks institutionalizing censorship on demand… without public debate, without transparency, and without any possible defense.”

The IAPA is a non-profit organization dedicated to defending and promoting freedom of the press and expression in the Americas. It comprises more than 1,300 publications from the western hemisphere and is based in Miami, Florida, United States.

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