2023-06-30 17:49:52
Photo: ARTICLE 19
ARTICLE 19 welcomes the resolution of the Supreme Court of Justice of the Nation that invalidates article 167 Quater of the Criminal Code of the State of Sonora, which sanctioned the dissemination of images of victims in criminal investigations, due to its restrictive nature of freedom of expression and informative work.
Mexico City on June 30, 2023.- On March 31, 2022, the Congress of the State of Sonora approved the reform to its Penal Code, in Decree 40, by which article 167 QUATER was added, which was finally published on June 6 of that same year, leaving as follows:
ARTICLE 167 QUAR- To those who, by any means and outside of the cases authorized by Law, audiorecord, commercialize, share, disseminate, distribute, deliver, expose, send, film, photograph, exchange, offer, publish, forward, reproduce, reveal , transmit or video record images, audios, videos or documents of corpses or part of them that are related to a criminal investigation, of the circumstances of death or of the injuries that they present, either at the place of the facts or of the discovery or in any public or private residence, will be imposed from four to ten years in prison and a fine for an equivalent amount of one hundred to one hundred and fifty times the daily value of the unit of measure and update.
In other words, this wording is very broad, covers a wide variety of actions and places people in total uncertainty, particularly journalists and the media, when, on the contrary, the criminally established behaviors must be completely clear and certain. In this case, said norm covers 18 conducts (audiograve, commercialize, share, disseminate, distribute, deliver, exhibit, send, film, photograph, exchange, offer, publish, send, reproduce, reveal, transmit or videotape) that expose disproportionate and directly affect the informative work of the media and journalists who provide coverage on issues of violence, insecurity, and impunity.
In this sense, on July 6, 2022, the National Human Rights Commission filed an unconstitutionality action against the published norm, considering that it does not comply with the strictness that these norms must have in the criminal field, that is, that be clear, and also because it affects the right to freedom of expression and information. Finally, on June 26, the Supreme Court of Justice of the Nation (SCJN) resolved this Unconstitutionality Action number 95/2022, declaring the invalidity of this article 167 QUATER.
The Plenary of the SCJN considered that this rule “was addressed to any person, therefore it violated the human right to legal certainty, as well as the principle of legality, in its exhaustive aspect -according to which, the rules must be clear and precise enough to so that their addressees understand them and avoid arbitrariness on the part of the authority–”.
Although the protection of any victim in their dignity and rights is essential, in view of which the intention of the legislature is positive, effective solutions are not found in norms that, on the contrary, due to their bad wording can be directed to undermine or annul other rights such as in this case the right to information and journalistic work, in the face of such an adverse and violent context for the press in Mexico.
That is why ARTICLE 19 welcomes this resolution and expresses the importance that all authorities protect and guarantee the rights of all people as a primary obligation, but without undermining other rights that, far from solving a problem, generate greater conflict and violence.
press release
For more information, please write to comunicacion@article19.org
ARTICLE 19 is an independent human rights organization that works around the world to protect and promote the right to freedom of expression. It takes its name from Article 19 of the Universal Declaration of Human Rights, which guarantees freedom of expression.
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