Mexico.- Very significant and of great value that the Supreme Court of Justice of the Nation (SCJN) recognize the role of information and communication technologies, said the official digital law program of Article 19, Vladimir Cortes. This in relation to official use of Twitter by Mexican authorities.
“It definitely adds to the decisions that the SCJN has made to guarantee both the rights to freedom of expression, the right to access information and in this case also the right to petition, rights that are constitutionally recognized”.
With this pronouncement, the Court recognizes and expands the wording of the article already established in the Constitution on the written request.
“Here it also recognizes the digital format, the way in which digitally people can also not only express ourselves in terms of collecting, disseminating and publishing information of different ideas, but also that it recognizes the premise to be able to recognize other rights, including those that are exercised in the digital space.
The digital law expert recalled that for many years there has been recognition that the internet is also a space where human rights must be guaranteed and protected and where they are exercised, of course Twitter is not exempt from respecting those rights, “Neither can the State and the authorities ignore this digital transformation and this transformation increasingly pushes and reinforces the obligation they have to respond to people when they make a series of requests.”
Vladimir Cortés recalled that in 2018, Article 19 presented an amparo under review (1005/2018), which reaches the SCJN and requests in this resolution that the then prosecutor of the state of Veracruz unblock a journalist to be able to recognize the right of access to information, because the account he was using, far from being a personal account, was an institutional account.
Recognize the transformations that the world and digital space have hadHe said, is a level of adaptability to the different ways in which technology intervenes and complements itself with the exercise of human rights.
In the same sense, the president of the Civil Association of the Commission for the Defense of Human Rights of Sinaloa, Leonel Aguirre Meza, said that the decision of the SCJN was very clear, since previously there was no certainty of the criteria because technology is advancing and the law also requires an update in the technological sense.
“Until today, the reach of the Twitter tool was not regulated. In the case of Facebook, The ministers explain that what is published is not private, but public, all when we accept the contract with Facebook to access the tools, we authorize that everything that is published can be used, because it is public, but we did not know what would happen with Twitter”.
SCJN publishes on Twitter
On February 1, 2023, the Supreme Court of Justice of the Nation (SCJN) published pronouncement 031/2023 on the official and non-private use of Twitter by an authority.
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Given this pronouncement, various constitutional lawyers considered that the obligation of the authorities to respond to citizen requests made through Twitter was considered a very wise decision. The lawyers Gonzalo Armienta and Eduardo Armenta agreed that a right established in Article 8 of the Constitution applies, which says that any written request must have a response.
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