It was only a matter of time: the senator Ricardo Monreal has presented what would be the first draft for the regulation of social networks in Mexico. It is a document that, instead of being presented in the Senate as normally happens, was uploaded directly to your page for anyone to download and send your comments.
Among the remarkable thing is that the proposal contemplates permits from the Federal Institute of Telecommunications to social networks like Twitter and Facebook and all those with more than a million users.
In your request, social networks must meet a series of requirements that the IFT would have to issue and they may not modify their terms and conditions without prior authorization from the institute.
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In its terms and conditions, there must be a mechanism to suspend an account or profile or delete content when the terms and conditions are violated; In these mechanisms there may be detection algorithms, but when it comes to permanently deleting an account the decision must be made by a team of specialists in human rights and freedom of expression.
Thus, the use of algorithms or automated technologies to permanently cancel an account would be prohibited.
The requirements to suspend accounts and delete content
The document Senator Monreal details that the suspension of accounts or profiles, the elimination of content and the cancellation of accounts will proceed in the following cases:
- when fake news is spread
- when the contents “attack morality”
- when they affect the pubic order
- when privacy is affected
- when a crime is caused or public order is disturbed
- when the rights of minors are affected
- hate messages are spread
- Personal data is disclosed
The document also states that social networks “have the ability to impose specific ideas affecting the democratic principle” and cites Cambridge Analytica as a case.
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In all cases, the draft says, there must be a right to challenge on the part of the owners of the suspended or eliminated accounts. The process must be in the terms and conditions of social networks and all challenges must be resolved within a period of no more than 24 hours.
If the process is not expedited, then the Federal Telecommunications Institute will be able to deal with complaints from who had an account deleted or suspended.
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The INE would also issue rules for social networks
According to the initiative, the intention with the regulation is that “avoid massive and discretionary censorship of private social media owners“. Although it does not specify what the new rules will be for social networks in Mexico in terms of its handling by political parties and candidates, but it does have an article that specifies that the rules must be issued by the National Electoral Institute.
The document has not been presented to the Senate so it is still a very preliminary draft. Hence, Senator Monreal has said that he will receive comments on the initiative for three weeks. After that period, modifications will be made and now it will be officially presented to the Senate.
We have initiated communication with Twitter and Facebook to find out their positions on the document. As soon as we have your positions we will update this text.
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