The Senate has just closed the public consultation on the reform of the telecommunications law, and Reporters Without Borders (RSF) is concerned about a key aspect of the draft: new significant powers granted to the Agency for Digital Transformation and Telecommunications, which is directly attached to the executive branch of the government. RSF calls for the Agency's independence and for effective ways to appeal against its decisions to be legally guaranteed.
At the end of May, the Mexican Senate concluded the public debate on the reform of the telecommunications law, which defines the rules for managing broadcasting and, from now on, the digital space. The bill, hastily approved at the end of April by the Chamber of Deputies, is set to be voted on by the Senate in June.
It proposes an expansion of the powers of the Agency for Digital Transformation and Telecommunications, which is subordinate to the Mexican government both financially and functionally. This is presented as a way to simplify administrative procedures and ensure equitable access to digital services for all citizens, yet the Agency would notably assume responsibilities previously held by the Federal Institute of Telecommunications (IFT) — an independent authority dissolved in December 2024 — particularly the authority to grant, renew, revoke or amend licences for radio and television services. This would include management of the radio spectrum frequencies and regulation of access to infrastructure, serious decisions that would now fall under the direct control of a body attached to the executive branch. The reform project would, for example, allow a radio station's frequency to be withdrawn in the name of “protecting the public interest” — a vaguely worded pretext that is not defined in the text.
“RSF is deeply concerned about the extent of the powers envisaged for an agency that lacks independence. We do not oppose the idea that a democratic state should aim to protect its information space from potential interference. In practice, however, this protection must be exercised through transparent procedures that guarantee the media’s freedom, independence and pluralism, and must be ensured by an authority that is truly independent from political power. The absence of an autonomous regulator contradicts the principles of sound democratic governance and poses a serious threat to outlets critical of the government. Arbitrary, politically motivated decisions could affect the granting or withdrawal of licences for radio stations and television channels. The mere possibility of sanctions could lead to increased self-censorship, or even the disappearance of media outlets that do not align with the government. For this reason, RSF calls on members of the Senate to guarantee the independence of this new authority and to establish effective judicial remedies against its decisions.
RSF strongly urges senators to amend the text to include measures that ensure the administrative and financial autonomy of the Agency. This includes a dedicated budget, a fixed-term mandate for its director, and a supervisory board composed of external experts from the regulated sectors, capable of overturning decisions made by government-subordinate officials. The organisation also recommends that the Senate take into account the proposals made during the forums held in May, where important contributions were made to improve the law, particularly those related to transparency, access to information, and guarantees of press freedom and freedom of expression.