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The Internet in Mexico, as we know it, could change forever after the Chamber of Deputies in Mexico reaffirmed the Senate’s position on the Federal Copyright Law and approved the proposed changes under the Treaty between Mexico, United States and Canada, T-MEC.
A few moments ago, 369 votes in favor, 0 against and 1 abstention, the Chamber of Deputies approved the draft decree to the Federal Copyright Law, which had long been pointed out by organizations in favor of freedom and Internet neutrality as an act of censorship and restrictive towards the user. This means that, as regards the legal field, the door is open to immediately remove content from the Internet as it is considered to be a violation of copyright, without a court of law mediating to confirm or deny that this is the case.
There are 369 votes in favor, 0 against and 1 abstention for the draft decree that reforms and adds various provisions of the Federal Copyright Law, part of the legislation related to #TMEC. The Executive takes turns. pic.twitter.com/UuWoczcZX1
– Chamber of Deputies (@Mx_Diputados) July 1, 2020
According to R3D: Network in Defense of Digital Rights, this decree operates under the principle of notification and withdrawal, found in the legal framework of the United States, which facilitates a natural or legal person, as well as an entity, to report that content located on the Internet is violating your copyrights, obviously as long as you are the owner of them legally.
The « notification and withdrawal » mechanism has been used to censor criticism and investigations, which can seriously affect journalistic practice. This could be approved today by the Chamber of @Mx_Diputados! https://t.co/LstXXCBxPa pic.twitter.com/cCeb1ZKxi5
– R3D (@ R3Dmx) June 30, 2020
Likewise, the decree, as approved, inclines the weight and responsibility towards the user, because in the event that there is a report and its content is downloaded immediately, we repeat – without being determined by a judicial authority – it will be itself who must deal with the situation, trying to provide evidence that shows that what has been done is not a violation of copyright laws.
Unfortunately, the scope of this decree does not reach, more than partially, Internet providers and content distribution platforms, since it will be enough for them to immediately withdraw the reported content to avoid any punishment or sanction. Likewise, they are not obliged to monitor the content that is uploaded through their lines or platforms, except in specific cases such as the violation of rights, the commission of crimes, etc.
Returning to the situation that the proactive Internet user could experience in Mexico in the near future, the decree allows him to question the report of its content if he is able to demonstrate that he has permission to use it. In the same way, this amendment to the law would enable him to take legal action against whoever made the report, whether criminal or administrative.
Although in principle the decree is designed as an adaptation for the protection of copyrights in Mexico, it also reveals the creation of a conflict on the Internet and all the digital content that circulates through it, in addition to which it seems not to take into account that part of the use that is given to third-party material takes place for research, academic, publicity and non-profit reasons.
What’s your opinion about it?
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