June 06, 2007

Mexico Annuls Media Act

The Supreme Court of Justice of the Nation declared the unconstitutionality of public tenders as a mechanism to assign radio and television concessions in Mexico.

The ministers unanimously annulled Article 17-G of the so-called Media Act, which they considered a violation of the freedom of expression, the right to information and the equitable access to the media.

They rejected the assignation of concessions for a 20-year period, as they considered that it propitiates monopolistic practices and the concentration of the media in the hands of those who have the economic power.

The ministers also declared Article 28 of the Federal Radio and Television Act unconstitutional, as it allowed concessionaries to provide additional telecommunications services without paying for the extra profits.

Supreme Court President Guillermo Ortiz said the annulled articles violated the principle of juridical security, guaranteed in the Constitution, and generated juridical insecurity, as the term tender is ambiguous.

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