Mexico. On November 29, 2016, the Federal Institute of Telecommunications, IFT, approved the General Guidelines on the Defense of Audiences, as ordered by the Federal Law on Telecommunications and Broadcasting (LFTR).
The LFTR and the Guidelines constitute a new legal framework on the rights of hearings that has been questioned through two constitutional controversies presented before the Supreme Court of Justice of the Nation; one against various provisions of the Law issued by the Congress of the Union and another against the Guidelines issued by the Institute.
Although it is believed that the Guidelines were issued in compliance with the law and in accordance with the legal framework governing the Institute's actions, the controversies referred to contain questions related to the scope of the rights of the hearings and the right to information, as well as their coexistence with the right to freedom of expression.
Considering the importance of this new regulation and its effective application, there should be no doubt about its adherence to the Constitution, especially because of the relevance and transcendence of due respect for human rights recognized by our Constitution.
Therefore, and taking into account that the law that regulates these mechanisms of challenge prevents suspension when the act whose invalidity is claimed consists of a general rule, such as the LFTR and the Guidelines, the Plenary of the Institute determined to defer the entry into force of the Guidelines until the Supreme Court of Justice of the Nation resolves the conductive.
Thus, taking into account the time that this type of judicial process regularly takes, the transitional regime of the Guidelines was modified in order to defer its entry into force to August 16, 2017. The foregoing, without prejudice to the Fact that the Institute revises said date if upon arrival the aforementioned constitutional controversies have not been resolved.
The Agreement amending the entry into force of the Guidelines was approved by the Plenary in extraordinary session this Wednesday, February 1 and will be published in the Official Gazette of the Federation and on the IFT Internet portal.
