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(Mexico City, March 6, 2023, cimacnoticias).- On March 2, the Supreme Court of the Nation (SCJN) invalidated the INGRID law in the state of Mexico. The distribution of audiovisual materials that re-victimize the victim is no longer a criminal offence. According to the Nation’s Supreme Court (SCJN), the INGRID Act violates legal certainty. Because it is not specific enough, any individual could be prosecuted even if their intent is not to re-victimize the victims.
Human Rights Commission alleges unconstitutionality
The INGRID Act came into effect after the feminicide of Ingrid Escamilla Vargas. The 25-year-old woman from Puebla was murdered by her partner in 2020. A day later, local and national media circulated the image of Ingrid’s dead body, sparking public outrage at the re-victimization and the resulting grave lack of respect and empathy for both the murdered woman and her loved ones. The reproduction or distribution of audiovisual material showing details of a murder or assault which is the subject of an investigation has been criminalized under the INGRID Act. In the state of Mexico, the law had been enshrined in the local penal code since August 2021, and the maximum penalty was four years and six months in prison. Although the law provided protection for victims, the National Commission on Human Rights (CNDH) in the state of Mexico has taken unconstitutional action against the INGRID law and submitted a motion to the Nation’s Supreme Court (SCJN), which ended on March 2 CNDH’s request and declared invalid the provisions of Article 227a of the local Penal Code relating to this law.
“Ley INGRID meets the wrong people”
In this regard, Minister Ana Margarita Rios Fajardo explained that the law was introduced principally to punish members of the police force or civil servants who misuse their access to files such as photos or videos of crime. However, the text of the law leaves all doors open for the punishment of other people, including the media, searching families and researchers who might benefit from using the footage. Minister Javier Laynez Potisek reiterated this opinion, saying that this rule simply goes too far, including prosecuting family members who have access to footage because of their participation in the judicial process. Minister Luis María Aguilar Morales agreed on this point, arguing that the INGRID law therefore violates the principle of minimal interference in criminal law and also restricts both freedom of expression and victims’ right of access to evidence.
Ten yes votes and one against
The only vote against the invalidation of the measure came from Minister Loretta Ortiz Ahlf. The minister pointed out that no other measure protects the victims’ privacy, so the INGRID law must remain in force. Such initiatives are important to transforming the narrative of violence against women* in Mexico, which is urgently needed given the prevalence of femicide and other violent crimes in Mexico. With ten votes in favor and one against, the INGRID law in the state of Mexico was annulled. The ministers stressed that this decision should not encourage re-victimization of victims, but respect the constitution of specific laws protecting the human rights of women, girls and youth in our country.
Human Rights Commission has INGRID law declared invalid by News Pool Latin America is licensed under Creative Commons Attribution-Share Alike 4.0 international.