Social Media and Technology have increased over the past few years, and lately during the Covid-19 pandemic, which has led to positive aspects, but on the other hand, their use for illegal purposes is highly likely to occur. The risk of our personal data and image circling through the Internet, and landing in the wrong hands, is always latent, including our most intimate information.

That is why since 2017 in Mexico, there have been various efforts from Local Congresses as well as the Federal Congress, to approve a series of reforms and amendments to local and federal laws, in order to sanction digital violence, such as Criminal Codes or other laws in connection with women’s protection against violence. In this sense, on June 1st, 2021, reforms to the Federal Criminal Code were published, as well as to the General Law on Women's Access to a Life Free from Violence. The purpose of this set of amendments is to regulate digital and media violence, and punish as crimes the violation of sexual intimacy of persons through digital media, without sex or gender distinction.

The violation of sexual privacy is defined as a crime in the Federal Criminal Code, committed by whoever discloses, shares, distributes or publishes images, videos or audios of intimate sexual content of a person, without his or her consent, approval or authorization. This crime is sanctioned with prison from three to six years and an economic fine.

In addition to this amendment, several obligations are imposed to companies operating or handling digital platforms, media, social media or websites, natural persons or legal entities. The Public Prosecutor or judge shall immediately order such providers, to interrupt, block, destroy, or remove said images, audios or videos. The authority that orders such precautionary measures, must request the media company or platform, to lawfully preserve and safeguard the content reported.

In response to the aforementioned, such platforms or companies shall provide immediate notice to the user who shared the violating content, clearly and precisely indicating the content being disabled, in order to comply with a court order meanwhile the crime investigation continues.

Even though there are no sanctions for the companies’ non-compliance with the digital violence regulation, they should follow their own internal policies to allow illegal content takedown, such as their own Law Enforcement Portals, where the authorities can directly require information to the site provider or media company, or even the takedown of a specific violating content.

Our Technology and Media Team would be glad to assist you on this and any other matters pertaining to digital violence, and how to prepare for these new obligations for social media companies and related platforms.