Mexico’s New Influencer Law: Fines & Bans

Mexico City — The Morena party in Mexico City’s Congress is moving to formally regulate the activities of social media influencers. Deputy Leonor Gómez Otegui has presented an initiative to create a General Law to Regulate the Content Services of Digital Platforms, a legal framework that includes sanctions of up to 1.1 million pesos and the suspension of channels when prohibited content is disseminated.

According to reports, the sanctions would range from public warnings to million-peso fines for those who promote acts of discrimination, violence, harmful products like alcohol or tobacco without authorization, or even content manipulated with artificial intelligence without a warning.

The initiative’s stated objective is to guarantee a “safe and responsible digital environment” and to update legislation in the face of the growing influence content creators have on consumer decisions. The deputy argues that their recommendations “do not always have the qualities and quality that is sometimes promised.”

Sponsored Content Without Notice, Deepfakes, and Sexualization of Minors

The initiative states that one of the most urgent problems is the lack of transparency in advertising. According to El Universal, influencers would be required to clearly label any commercial publication using the term #Publicidad (Advertising), in addition to refraining from disseminating false or unverified information about the products they promote.

The participation of minors as content creators without the express authorization of their guardians is also prohibited. Messages considered prohibited include content that simulates being independent opinions when they are actually paid advertisements, hate speech, systematic disinformation, or digitally manipulated material, including the use of voices or characters generated by artificial intelligence.

The initiative also orders creators to retain objective evidence that supports the benefits they attribute to products or services and to inform when they use AI in promotions.

A National Complaint Platform and Financial Sanctions That Could Double Earnings

According to Verificado, the proposal contemplates the creation of the National Platform for Monitoring Influencer Content, where any person can file a complaint if they detect publications that promote discrimination, affect human dignity, pose a risk to health, or encourage dangerous viral challenges, such as the “Blackout Challenge.”

Once a complaint is filed, it would be sent to authorities such as the Attorney General’s Office, the Ministry of Health, or the Profeco (Federal Consumer Prosecutor’s Office), which would determine if a sanction is warranted.

The fines are also detailed: if the influencer receives earnings from the harmful content, the sanction could be double the amount obtained. If they work under a contract, the fine would also double the value of the agreement. And if there is no financial remuneration, the sanctions would range from 500 to 1,000 UMA (Unit of Measurement and Update), that is, from approximately 54,000 to 108,000 pesos.

The legislator assures that this regulation does not seek to “silence anyone,” but to modernize the legal framework and align it with international practices. According to La Jornada, her argument is that more than 100 million Mexicans are connected seven hours a day and that 56 percent have purchased something based on an influencer’s recommendation.