The Supreme Court of Justice of the Nation yesterday invalidated the decree by which the Federal Law of Telecommunications and Broadcasting was reformed, due to serious violations of the legislative procedure in the Chamber of Senators.
The Court considered that the right to participation of all political forces with parliamentary representation, in conditions of freedom and equality, was not respected, since minimum rules were not complied with, both in the commissions and in the plenary session of the legislative body, which would allow the Legislative majorities and minorities express and defend their opinion in a context of public deliberation.
The highest court of justice in the country determined the existence of serious violations of the legislative procedure developed before the Chamber itself, which impacted the democratic quality of the decision finally adopted.
The Court did not go into the merits of the matter, it simply invalidated the reform decree to the LFTyR due to the violations that were committed in the legislative process.
The 11 ministers of the Court voted in favor of the invalidity of the reform decree, due to the innumerable violations of the legislative process. They approved the meaning of the project that Minister Alberto Pérez Dayán prepared as rapporteur.
The enlargement of the Court’s resolution is still missing.
For now, a legislative vacuum is generated. There is nothing for anyone. Congress will have the last word.
For the president of the Chamber of the Radio and Television Industry, José Antonio García Herrera, this is a step forward in favor of freedom of expression. However, he acknowledges that the Court did not rule on the merits of the issue.
From his point of view, the Court’s resolution helps because it annuls the two resolutions of two amparos in the first and second chambers that imposed rules to differentiate information from opinion; and that the codes of ethics were regulated and sanctioned by a government body, the Federal Institute of Telecommunications; and the appointment of the defenders of the hearings.
I think it is positive that the Court has ruled in favor of freedom of expression, he commented.
We will have to wait for the increase to be completed and Congress is notified, so that within six months the legislature listens to all the parties involved: media, experts, audiences, so that it can make legislation that respects freedom of expression and of the rights of the hearings.
The Court did not rule on the merits and leaves all the freedom to Congress to legislate in a plural and democratic manner, he said.
The CIRT leader admitted that this is not the best news, but it is understandable that the Court has ruled because the legislative process is carried out with full respect for the constitutionality of the law.
So far the opinion of the leader of the CIRT.
What can be observed is that the Court did not enter into the debate on the merits of the reform itself.
In other words, he did not pronounce himself in favor or against the defenders of radio and television audiences being appointed by the government or by the concessionaires themselves.
Nor if the IFT should or should not approve the codes of ethics of the media. Or whether or not it violates human rights and freedom of expression.
Simply and simply, it decided to invalidate the reform decree due to the serious violations that were committed at the time in the legislative procedure for its approval.
We will see what follows at the end of the Court, the increase and the notification to Congress.
glimpses
Aeromar’s fate is uncertain. For now, yesterday they postponed the two strike locations that were scheduled for the first of September.
The situation of the company that remembers the history of Mexicana de Aviación is difficult.
