Decree expands copyright protection against digital platforms

President Claudia Sheinbaum Pardo issued the decree adding Chapter V to Title IV of the Regulations of the Federal Copyright Law, with new rules on technological protection measures, rights management information, and obligations of Internet Service Providers. The decree was published in the Official Gazette of the Federation on Thursday, September 24, 2026 (Publication No. 259/2026, p. 4) and will enter into force ninety business days following its publication.

The instrument was signed at the Residence of the Federal Executive Power, in Mexico City, on August 28, 2026, and countersigned by the Secretary of Culture, Claudia Stella Curiel de Icaza. The president issued it based on Article 89, fraction I, of the Political Constitution of the United Mexican States; Article 41 Bis of the Organic Law of the Federal Public Administration; and Articles 114 Bis, 114 Septies, 114 Octies, and 232 Quinquies of the Federal Copyright Law.

The sole article adds Chapter V, titled “On technological protection measures, rights management information, and Internet Service Providers,” which comprises eight articles: 37 Bis, 37 Ter, 37 Quater, 37 Quinquies, 37 Sexies, 37 Septies, 37 Octies, and 37 Nonies.

Independent protection and definition of content

Article 37 Bis establishes that the protection of effective technological protection measures and rights management information shall be independent of that granted to copyrights and related rights. Cases in which the content or material is not subject to protection under the Law shall not constitute circumventions.

Article 37 Ter defines what shall be understood as “material” or “content” for the purposes of Articles 114 Septies, 114 Octies, and 232 Quinquies of the Law:

• The works indicated in Article 13 of the Law.
• Interpretations or performances.
• Editions.
• Phonograms or videograms.
• Broadcasts.
• The image, including the voice, of the performing artists or executors referred to in Article 87 of the Law.
• Other intellectual property rights protected by the Law.

Notice and counter-notice requirements

Article 37 Quater details the information that the notice referred to in Article 114 Octies, fraction III, must contain: electronic location of the claimed content; a brief description of the facts; full name of the person submitting the notice and their status as owner or representative; contact details, including an alternative email address; address; a declaration under oath to tell the truth, and an express statement of awareness of the penalty under Article 232 Quinquies for submitting false information.

Article 37 Quinquies prohibits Online Service Providers from conditioning the adoption of the provisions of Article 114 Octies, fraction II, upon the presentation of registration certificates, titles, or any other documentation from the holder; this rule does not apply to the counter-notice. Article 37 Sexies mandates that the corresponding form be made available to users in a clear and accessible manner.

Article 37 Septies establishes the requirements for the counter-notice: full name and capacity of the person presenting it; contact details; address; agreement, contract, license, or document proving ownership or authorization—or a declaration that the use is justified by limitations or exceptions or is in the public domain—and a statement of awareness regarding the penalty for false information. The provider shall not be obliged to validate the authenticity or suitability of the documentation, and the removal or restoration of the content does not constitute any validation.

Restoration deadlines and validity

Article 37 Octies obliges the provider who receives a counter-notice to immediately notify the person who presented the original notice and to provide them with a copy of said counter-notice. Article 37 Nonies provides that, once all requirements are met, the provider shall enable the content within a period of ten to fifteen business days following the receipt of the counter-notice.

The provider must refrain from enabling the content—or remove, withdraw, or disable it again if it has already been enabled—if the person who presented the original notice proves, within a period not exceeding fifteen business days, that they have initiated a judicial or administrative proceeding, a criminal complaint, or an alternative dispute resolution mechanism.

The transitional provisions establish that the decree will enter into force ninety business days following its publication; that notices and counter-notices presented previously will be processed according to the provisions in effect at the time of their presentation; and that expenditures derived from its implementation will be covered by the authorized budget of the spending executors, without increasing the regularizable budget or authorizing additional resources.

With these rules, digital platforms must operate a regulated procedure of notices and counter-notices with defined deadlines, while rights holders and users will have an explicit framework to claim and defend themselves against content removals. The entry into force in ninety business days grants Internet Service Providers a period to adapt forms and processes before the new obligations become enforceable.

Source: Official Gazette of the Federation, No. 259/2026, Thursday, September 24, 2026, Executive Branch, p. 4 (official reference: Decree by which various provisions are added to the Regulations of the Federal Copyright Law).