Article 19 called the investigation against Chumel Torres a “disproportionate measure”

The NGO Article 19 described the complaint against influencer Chumel Torres by Senator Bertha Caraveo as disproportionate.

Since the Senator for the Movimiento de Regeneración Nacional (Morena) party denounced the influencer for political gender violence, hundreds of people's Internet users have condemned the actions of the chihuahuena.

This is because it is alleged that behind the lawsuit there is really only one attempt to censure the controversial Chumel, who expressed himself in a rude way of the senator in one of the broadcasts of her program El Pulso de la República on February 17, 2022.

After the wave of criticism, this is joined by the statement of Article 19, an association that ensures freedom of expression and justice towards journalists.

Among the points are that insults are not enough to ensure that it is a case of political gender-based violence.

For this reason, the NGO issued a position regarding the opening of an investigation kit against Chumel Torres for the crime of “apology of crime or some vice”.

They noted that the Inter-American Framework on Freedom of Expression establishes that “the rule according to which freedom of expression must be guaranteed not only in terms of the dissemination of ideas and information (...) considered harmless or indifferent, but also in terms of those that offend, clash, disturb, result ungrateful or disturb”.

In addition, there should be special protection in respect of speeches dealing with matters of public interest and in the case of public officials in the exercise of their functions.

In this regard, they indicated that the same Supreme Court of Justice of the Nation (SCJN) argues that the expressions “critical, severe, provocative, shocking, which may become indecent, scandalous, disturbing, disturbing or cause some kind of annoyance, disgust or offense” should not be considered as a abusive behavior”.

And since public figures tend to be more prone to constant attacks because of the position they hold, they must raise their tolerance threshold.

Regarding gender-based violence, they pointed out that in the face of this type of behavior, they must be treated in a less harmful way, however, they emphasized that these “figures should not be used to silence voices”, since the recognition of figures of political violence based on gender and violence against women has been an achievement of collective and civil society.

Among these voices, “those that may be opprobial, annoying, uncomfortable and regrettable, is a way of inhibiting freedom of expression, especially when abused by public officials.”

Therefore, when there is political violence based on gender, a detailed analysis must be taken so that it is not used to silence dissenting voices, since “it will have an inhibitory effect on expression”.

For this reason, they called Senator Caraveo's complaint a disproportionate, ineffective measure that runs counter to international human rights standards.

They also called on the Attorney General's Office (FGR) to desist from criminal prosecution of expression, stating that criminal proceedings should be the last measure to resolve conflicts arising from the exercise of the right to freedom of expression, in order to avoid any kind of controversy.

However, they recognized that the presence of sexist discourses must be made visible in various spaces, so that the state must find other strategies to eradicate the spread of sexist discourses in a less harmful way.

So they invited Chumel Torres and other communicators to raise awareness and train themselves to “contribute as citizens to improve the equality of groups and populations in situations of greatest vulnerability”.

They also positioned themselves for the government to promote comprehensive strategies for equality “without affecting the exercise of the right to freedom of expression or democracy.”

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