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Mexico: Proportionality of website blocking




Mexico's Supreme Court will soon rule on an important matter regarding website blocking derived from copyright infringement actions.

The Mexican Institute of Industrial Property (IMPI) will decide an infringement action initiated by three important phonogram producers against the administrator of a website dedicated to communicating to the public music works and phonograms, without the authorization of the right holders.

During the legal proceeding before IMPI, the claimants requested the implementation of preliminary injunctions against the administrator of the website and also against internet service providers (ISPs). The preliminary injunctions consisted of the total blocking of the website.

One of the ISPs filed an Amparo suit (under Constitutional recourse) against the official action issued by IMPI ordering the blocking of the website, arguing that there had been violations to the constitutional rights of freedom of expression and access to information because such an order was not issued as a consequence of a proportionality test.

A federal judge issued a ruling invalidating IMPI's official action containing the order to block the website, arguing that said official action indeed was not the result of a proportionality test.

The claimants filed a review recourse before a Federal Circuit Court and the Mexico's Supreme Court in its own motion exercised its power to remove from the Circuit Court the case, considering the relevance of the same. It will issue a ruling which, without any doubt, will constitute a landmark case within the Mexican legal framework.

Interesting points will be discussed by the justices of Mexico's Supreme Court, such as whether a proportionality test is actually required, or if total or partial website blocking is constitutional or not.

Abe_Takanori
Jaime Rodriguez

Olivares
Pedro Luis Ogazón No 17
Col San Angel
01000 México DF
Tel: +5255 53 22 30 00
Fax: +5255 53 22 30 01


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