EnglishPrivacy & Data Protection

THE SUPREME COURT ON THE RIGHT TO INFORMATION IN SOCIAL MEDIA

Last Tuesday, March 20, the Second Chamber of the Supreme Court of Justice settled the “Amparo” under review No. 1005/2018, ordering the Prosecutor of Veracruz, Jorge Winckler Ortiz to unblock a journalist from his Twitter account.

The dispute was about the journalist’s right to information (the right to inform and be informed), who had been blocked from Winckler’s Twitter account due to the comments he published in this social network, and the right to privacy of the Prosecutor of Veracruz.

The Court decided in this case that the journalist’s right to information prevailed over the right to privacy of Prosecutor Winckler. This, after considering that: i) the blocking of accounts  insocial networks, in this case, is an act of an authority; ii) the content of the Prosecutor’s Twitter account is of general interest; iii) the Prosecutor voluntarily used this social network to inform about his actions as authority, and thus his Twitter account is under a greater public scrutiny and; iv) the Prosecutor did not express sufficient reasons to consider his Twitter account as private. According to the ruling of the Court, in similar cases, a measure such as blocking an individual would only be justified in case of abusive behavior. Consequently, the Supreme Court ordered Winckler to unblock the journalist from his Twitter account.

This is not the first case of this kind in Mexico but, this is the first time the Supreme Court issues a ruling in this regard, and without a doubt, it sets an important precedent.

SINCERELY,

Adolfo Athié Cervantesaathie@basham.com.mx
Teresa Espinosa Vegatespinosa@basham.com.mx

Mexico City, March 27, 2019

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