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Senate Approves Contested 'Ley Antimemes' and Sends It Back to Deputies

Hefty new platform liability plus IMPI fines up to 40,000 UMA could push automated content removals that rights groups warn would chill satire, political criticism, parody

Overview

  • The reform package advanced in Congress after the Chamber of Deputies commission approved the dictamen on Sept. 29 and the Senate voted in general on Sept. 30, with the Senate sending the amended text back to the Chamber of Deputies for final votes.
  • The draft amends the Federal Copyright Law to add secondary liability for internet service providers and platforms, obliges rapid removal processes and repeat‑infringer suspension policies, and links compliance to a tightened 'safe harbor' regime.
  • The Instituto Mexicano de la Propiedad Industrial (IMPI) would gain authority to impose administrative fines up to 40,000 UMA—equivalent to roughly 4.3 million to 4.7 million pesos depending on UMA value—if platforms fail to meet removal and policy requirements.
  • The Senate also approved a narrowed penal provision (article 403 Bis) that targets commercial‑scale misuse of institutional graphic identity with reported penalties of one to five years in prison and fines up to 10,000 UMA, a measure critics say lacks explicit carve‑outs for satire, journalism and political critique.
  • Government officials argue the package updates Mexico's IP rules to meet trade and international standards, while digital‑rights groups and opposition legislators warn the vague wording and high sanctions will incentivize automated filters, risk lawful expression being removed and leave many disputes to future implementing rules or court rulings.