Written by Karla de La Cuesta, the book Todo A La Luz investigates a court case, criticizing its judgment and the conduct of several persons involved. In a proceeding brought against Penguin Random House Grupo Editorial, related to the publication of this work, IMPI’s determination established a criterion according to which it is unlawful to use the mere name or likeness of public figures, even in works such as Todo A La Luz, which is journalistic, informative, and denunciatory in nature.
According to CANIEM, this criterion generates uncertainty in the publishing sector and legal uncertainty among Mexican publishers and authors, especially with respect to future projects involving investigation, journalism, opinion, biography, and history. CANIEM emphasised that it is particularly concerning that the decision did not analyze all of the publisher’s defenses and omitted consideration of rules that expressly establish that the right to one’s image is not violated when its use is for informational or journalistic purposes, or is carried out in the exercise of freedom of expression.
CANIEM called upon the Federal Court of Administrative Justice so that, when reviewing this and other sensitive matters concerning freedom of expression, it conducts an exhaustive analysis in strict adherence to the applicable legislation, the Constitution, and international human rights treaties. It also affirmed that the Mexican publishing industry is founded on freedom of expression, freedom of creation, freedom of opinion, and society’s right to receive information. Restricting these freedoms affects not only publishers and authors, but society as a whole.
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