178 | 31, pp. 167-185 | doxa.comunicación

July-December of 2020

The Social Communication legislation in the subnational space. The case of Mexico

ISSN: 1696-019X / e-ISSN: 2386-3978

However, it allows us to observe that other individuals, different from journalists (and activists5), are not accepted as actors that could pronounce and exercise speech publicly. In the same way, one could assume that child audiences require the State protection of the non-appropriate content to it. These situations suggest the necessity to open debates that allows reconciling the guarantees of the general Constitution with the legal state instruments in the subnational space to make them obligatory.

The third category, governmental and institutional communication is essential. It establishes what Zémor (2008: 2) identifies as “a formal communication established in the Rule of Law frame under a legal domain” it means that it is the recognition of the State interaction with citizens; it corresponds to the regulations elaborated on the strategies of the government to attend citizens, keeps them informed, show accountability, make them socialize with its objectives, construct legitimacy and valid laws and norms to publish them on official newspapers; it constitutes a prerogative of the institutions to disseminate activities and gain a public presence. At the same time, it formulates the right of the citizens to recognize the actions that those institutions conduct with public resources. There are 23 laws (15.97%) in this category, which are related to the existence of official newspapers and management of institutional dissemination.

The fourth category refers to the media regulation; there are 17 laws (11.81%) that constitute the legal existence and regulate the public state media, activities, and support of the audiovisual industries, the outdoor advertising management, and the government editorial fund. Related to the public media, they constitute public concessions6 of radio and television that have given to the state governments. The referred laws grant institutional character as in the case of the governmental editorial fund. This type of legislation allows the governments to have media and cultural activities in electronic supports and printed publications, which is convenient to try to guide public opinion. In contrast, some entities have established guidelines to establish a legal framework for the participation of public and private instances in the film and audiovisual activity; in the market area, even though this is not a relevant industry within the country7.

On the other hand, one of the duties of the state governments is to regulate the urban equipment, for example, the exterior publicity of the advertising panels. Generally, outdoor advertising is regulated by the codes of urban and territorial development. However, two entities establish necessary to have a legal-specific instrument for this activity; one of these entities is Mexico City, where finishing 1990s and beginning 2000s, there was a notorious increase in advertising. This situation generated visual contamination and risk for the urban infrastructure; for this reason, the problem was identified as a relevant issue to be required strict regulation. Chiapas is the other entity, which law regulated the outdoor advertising on roads in the state and adjacent lands. Because this entity has a great natural and archaeological wealth,

5 There are eleven laws of journalist protection against violence, which also include the activists of human rights. In both cases, the law defines them as individuals who belong to organizations; in the case of journalists, they belong to media, and in the case of activists, they belong to civil society organizations. There are no explicit guarantees related to citizens in general. One could assume that the General Constitution already protects them.

6 Defined in the Federal Telecommunications and Broadcasting Law.

7 According to data of the last economic census (INEGI, 2019a), in 2018, the industry and video film incomes represented 0.0002% of the total in the country; for the supplies of goods and services, which has 1,347 establishments dedicated to this rubric. It occupies 29,638 paid workers.