MEXICO Law and Practice Contributed by: Ricardo García Giorgana, Carlos Chavez Alanis and Xavier Careaga Franco, Galicia Abogados
court sentence, the intermediary was regard - ed as a data processor. • Copyright and UGC: For copyright, a specific law provides a notice and take down interme - diary liability system. • Profiling and targeting via algorithms: The use of algorithms for profiling and targeted advertising raises concerns about privacy and potential discrimination. • Data monetisation: The monetisation of user data by social media platforms is a complex issue. • Misinformation, disinformation and fraud: The spread of misinformation and disinforma - tion on social media is a growing concern, with potential implications for public health, elections and social stability. This was seen particularly during the recent elections, and social media is also being used to commit fraud and other crimes, as well as for organ - ised crime recruitment purposes. • Online harassment and cyberbullying: Addressing online harassment, cyberbullying and hate speech on social media platforms is a significant challenge. Several laws and regulations have already been created to combat these problems. • Jurisdiction: Determining jurisdiction in legal disputes involving social media can be chal - lenging, especially when users and platforms are located in different countries. Several cases attest to the complexity of this issue. • Account security: Protecting user accounts from unauthorised access and cyberattacks is a major challenge. The number of accounts that have been hacked on most popular social media platforms has become alarming. • Minors: Protecting minors and their rights is a sensitive topic, largely because most social media platforms allow access for the +13 age group even though the age of majority is 18. There are no specific Mexican laws that
directly impose age verification requirements on social media platforms. Existing laws regarding child protection could be applied in cases of harm to minors. • New products and features: Most social media platforms are constantly developing products and features, and Mexico has been a beta testing ground due its geographical, demographic, geopolitical and economic relevance. • Content moderation and safety: Managing harmful or inappropriate content through human or AI intervention remains a significant challenge for social media platforms. 10.2 Regulatory and Compliance Issues Regulatory oversight for digital content in Mexico depends on the specific law or issue involved, with enforcement typically falling to agencies such as PROFECO (consumer protection), INAI (privacy), COFECE (competition), the Mexican Institute of Industrial Property ( Instituto Mexicano de la Propiedad Industrial ; IMPI) (IP and copyright), the National Electoral Institute ( Instituto Nacional Electoral ; INE) (electoral matters), the Federal Commission for the Protection against Sanitary Risk ( La Comisión Federal para la Protección Contra Riesgos Sanitarios ; COFEPRIS) (human health), and SEGOB. Law enforcement and judi - cial authorities also play a role in certain cases. These regulators actively monitor and enforce compliance regarding digital content on social media. To facilitate enforcement, many platforms have established co-operation channels for han - dling regulatory requests to remove infringing or unlawful content. For example, during the recent Mexican elections, INE requested social media platforms to remove hundreds of thousands of posts violating electoral laws. Similarly, other regulators, such as COFEPRIS, issue takedown requests according to their regulatory scope.
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