Mexican Supreme Court Redefines Freedom of Expression in Private Disputes

MEXICO CITY – The Mexican Supreme Court has issued a landmark ruling that redefines the scope of freedom of expression between private individuals, particularly concerning online statements that cause economic harm. Dr. Víctor Collí Ek, a constitutional law expert, highlighted the significance of the decision, which stems from a real estate dispute in Jalisco. The case involved a neighborhood association that published information on social media alleging an inmobiliaria development lacked proper permits for water and electricity services. These publications led a potential buyer to cancel a purchase, resulting in 225,000 pesos in penalties for the company. Initially, local courts gave conflicting rulings, with some stating the neighbors were protected by freedom of expression. However, the case reached the Supreme Court, which, in a historic decision on February 19, 2025 (Amparo Directo en Revisión 795/2022), established a new framework. According to Dr. Collí Ek, the Court recognized that while freedom of expression is fundamental, it is not absolute when it infringes upon the rights of others, especially in cases of false statements causing damages between private parties. The ruling differentiates between three levels of scrutiny for speech: a normal standard for common citizens, a stricter one for journalists, and a very strict one for public officials. This jurisprudence means that social media is no longer a 'no man's land' for private disputes. Individuals or entities who publish false information leading to harm can now be held accountable. However, truthful information that is of public interest, such as the alleged lack of permits in the Jalisco case, remains protected. This decision aims to strike a balance between the right to free speech and the right to not be harmed by falsehoods.

¿Puedo demandar si alguien dice mentiras de mí en…

¿Puedo demandar si alguien dice mentiras de mí en las redes sociales? La SCJN t…

La SCJN determinó que sí puedes demandar si alguien publica mentiras sobre ti en redes sociales y te causa daño.