Mexico's Senate Makes Internet Providers Liable for Piracy
The Senate voted 72 to 37 to rewrite the copyright law and sent it to the president. Morena ties it to the USMCA; opposition senators warn of censorship.
Mexico's Senate on Tuesday night passed a reform to the Federal Copyright Law that spells out when an internet provider is liable for what its users do. The vote was 72 to 37, the Senate said, and the bill now goes to the president.
Sen. María Guadalupe Chavira de la Rosa of Morena, the governing party, described the bill as a way to bring Mexican law in line with the USMCA trade deal, using administrative penalties rather than criminal ones. Sen. Gina Campuzano of the opposition National Action Party (PAN) warned it could enable censorship, adding that her group does not defend piracy. Emmanuel Reyes Carmona, who chairs the Economy Committee, said the bill imposes no prior censorship and does not require providers to monitor their networks in advance.
On the article-by-article vote, the bill passed 70 to 37 after the chamber rejected four amendments from the PAN and Citizens' Movement (MC). It had earlier turned down a motion to suspend the debate from Sen. Claudia Anaya Mota of the PRI.
What changes
The bill amends Article 114 Octies and adds Articles 114 Nonies and 232 Septies. A provider is liable for its users' infringement in three cases: if it breaks Article 114 Octies; if it contributes to, induces or causes the conduct while knowing of it; or if it can control the user and takes in a financial benefit directly tied to the infringement.
There is a way out. A provider that keeps a policy in plain view for removing repeat infringers, writes it into its terms of service and notifies the user is shielded from damages claims by rights holders.
Fines are set by the Mexican Institute of Industrial Property (IMPI), according to the committee announcement. They are measured in UMA, the unit Mexico uses to index fines and fees:
| Offense | Fine (UMA) |
|---|---|
| Article 231, sections I to V and VII to IX | 5,000 to 40,000 |
| Section VI | 1,000 to 5,000 |
| Other cases under section X | 500 to 1,000 |
| Additional fine for those who persist | 100 to 500 |
Background
The committees approved the bill the same day, 19 to 7. Article 114 Octies dates from the 2020 reform that put the USMCA into Mexican law, including its notice-and-takedown mechanism. The bill grew out of a proposal from the executive, and the lower house passed it in general on Oct. 7.
Sen. Manuel Añorve of the PRI called the reform a sign of authoritarianism aimed at controlling content critical of those in power. Clemente Castañeda of MC said the USMCA should not be used as a pretext. Yeidckol Polevnsky of the Labor Party (PT) said the bill gives providers certainty and protects creators.
The law takes effect once the president publishes it in the Official Gazette. The Senate's announcements do not say whether the decree gives providers a deadline to publish their repeat-infringer policy.
