Is internet satire under threat in Mexico? Why the ‘Anti-Meme Bill” is controversial

A proposed Senate bill in Mexico to fortify intellectual property rights has ignited debate over potential digital censorship, especially its potential impact on government parodies and satires. President Sheinbaum presented the bill in May, with a vote expected soon. The amendment involves the Federal Penal Code and the Federal Law for the Protection of Industrial Property (LFPPI).

This initiative is part of a larger set of reforms designed to strengthen intellectual property protection and align it with international agreements like the USMCA. Critics, including PAN Senator Ricardo Anaya, have labeled the bill the “Anti-Meme Law,” contending that its language could affect journalists, cartoonists, and creators who utilize official elements in satirical works.

The same criticism has been leveled at a separate reform — an amendment to the Federal Copyright Law addressing internet service provider liability — currently under consideration in the Chamber of Deputies. The LFPPI is being scrutinized due to the introduction of Article 403 Bis, which imposes a crime for misusing government identification.

The initial phrasing penalized the commercial use of government logos, domain names, graphic identities, or symbols on the internet to mislead or defraud people, with penalties ranging from three to seven years in prison and fines up to 1.17 million pesos (approximately $65,000). Following public outcry, the proposal was revised, reducing the prison term to one to five years.

Notably, it was clarified that the offense would only be applicable to those who use the government’s image for commercial, deceptive, or fraudulent ends. Under the amended conditions, content employing an official logo or color for satire, parody, criticism, or memes — that is readily identifiable as unofficial — would not be considered an offense.

Morena Senator Javier Corral stated that the bill's interpretation had been exaggerated. He rejected the notion that jail time was being proposed for memes or parodies, emphasizing that this provision has no bearing on regulating freedom of expression. According to Corral, the revised wording explicitly excludes ambiguity and aims to clarify that the act of misleading or deceiving individuals through the use of government logos must be motivated by committing a wrongdoing. The bill is expected to pass under these modified conditions.