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Mexico’s Top Electoral Court Says Spotify Song Placement Is Not Illegal Propaganda

The decision narrows what counts as paid amplification in Mexico’s judicial races by treating Spotify placement as distribution absent proof of boosting.

Overview

  • TEPJF’s Sala Superior revoked the State of Mexico tribunal’s admonition and fine against candidate Marco Antonio Nava over a campaign song on Spotify.
  • A majority concluded the record lacked evidence that hiring a digital distributor to upload the song amounted to prohibited amplification.
  • Magistrate Claudia Valle presented the prevailing proposal, which distinguished distribution services from paid boosting of electoral content.
  • Magistrate Janine Otálora dissented, arguing that streaming diffusion can produce evident amplification effects under protective equity rules.
  • In a separate unanimous ruling, the court invalidated INE reposición de pauta cost agreements for missing required market studies by its Radio and Television committee.