Mexico amends bill on use of government symbols — Mexico News Daily
In Mexico, a bill to strengthen intellectual property protection has sparked controversy over a provision on the use of symbols of government bodies and public institutions. Opposition politicians said its initial wording could affect journalists, cartoonists and creators of satirical content who use official elements in parodies.
As Mexico News Daily reports, President Sheinbaum submitted an initiative to the Senate in May that provides for amendments to the Federal Criminal Code and the Federal Law for the Protection of Industrial Property. The government explains the reform package as necessary to strengthen criminal-law protection of intellectual property and align legislation with international agreements, including the USMCA.
Controversial article
Opposition concerns relate to proposed Article 403 Bis, which establishes liability for the improper use of the official identity of government bodies. In its original version, it provided for punishment for the commercial use of logos, domain names, graphic identity or official symbols of governments and public institutions, including in the digital environment, with the aim of misleading people.
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Initially, the proposal envisaged imprisonment for three to seven years and a fine of up to 1.17 million pesos, or about US$65,000. Critics called the initiative an anti-meme law, although the same name has also been applied to another reform — an amendment to the Federal Copyright Law on the liability of internet service providers, which is being discussed by the Chamber of Deputies.
Changes after criticism
After public criticism, the committees considering the bill changed its wording. According to the publication, the proposed prison term was reduced to one to five years, and the provision was clarified: it will apply to the commercial, misleading or fraudulent use of the official identity of government bodies.
Under the updated wording, the use of an official logo or colors in satire, parody, criticism or memes will not be considered a violation if the content is clearly not official. Morena Senator Javier Corral said the new wording removes ambiguity and concerns misleading people for the purpose of committing unlawful acts. The bill is expected to be adopted in its amended form.
