Understanding the Right to Information in Mexico
Classified in Law & Jurisprudence
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The Right to Information: Origins and Conceptualization
First origin of the right to information: In the middle of the 20th century, the Universal Declaration of Human Rights of 1948 universally recognized the right to information.
Conceptualization of the right to information: The fundamental guarantee that every person has to seek information, to inform, and to be informed.
Aspects Included in the Right to Information
The right to information encompasses several key aspects:
- The right to seek information
- The right to inform
- The right to be informed
The Right to Seek Information: Powers Included
This right includes the following powers:
- Access to files, records, and public documents.
- The freedom to choose which medium is read, heard, or viewed.
The Right to Inform: Powers Included
This right includes:
- Freedom of expression and of the press.
- The incorporation of companies and media firms.
The Right to Be Informed: Powers Included
This right encompasses:
- Receiving objective and timely information.
- Receiving complete information, i.e., the right to know all the news.
- Universal access to information, meaning it is for all people without exception.
Understanding Information
What should be understood as 'information'? In a broad sense, it includes the procedures to collect, store, process, disseminate, and receive facts, news, data, opinions, ideas, and their various functions.
The Right to Information in Mexican Legislation
What legislative provision and article provides for the right to information in Mexico? The addition to Article 6 of the Constitution, stating that the right to information is guaranteed by the State.
History and Evolution of the Right to Information in Mexico
Key moments include 1977, 1996, and 2007. The presidential initiative on October 5, 1977, was published in the Official Gazette on December 6 of that year.
Interpretation of the Right to Information by the SCJN
The Supreme Court of Justice of the Nation (SCJN) establishes that the right to information is guaranteed by the State.
What Does 'Report' Mean?
It means presenting facts and figures in a way that is useful for the full exercise of citizenship, in a sociological sense.
Contributions of the Right to Public Information
It promotes:
- The principle of security.
- Active scrutiny.
- Engagement of both the public and authorities.
- Reduction of misinformation.
- Equal access and opportunity.
- Democratization.
Content of Article 6 of the CPEUM
The expression of ideas is not subject to any judicial or administrative inquiry, except in cases of attacks on morality, the rights of others, incitement to crime, or disturbance of public order. The right of reply shall be exercised under the terms provided by law. The right to information is guaranteed by the State.