The Supreme Court of Justice of the Nation (SCJN) will soon decide if the Mexican Institute of Industrial Property (IMPI) holds the legal authority to order internet service providers to block websites that distribute pirated content. According to a report from La Jornada, Justice Arístides Rodrigo Guerrero García has drafted a project that validates the IMPI’s power to enforce these blocks.
The case stems from a legal challenge filed by TotalPlay, a subsidiary of Grupo Salinas. The company sought an injunction against the IMPI, arguing that the institute overstepped its regulatory boundaries by ordering the blocking of entire websites.
The origin of the legal challenge
The dispute began on July 25, 2024, when several companies filed complaints regarding the illegal distribution of films on two specific websites. In response, the IMPI moved to block the platforms. After issuing provisional measures in September, the institute ordered providers like TotalPlay to restrict access to the sites in October.
TotalPlay challenged the order in November 2024. The company’s legal team argued that the IMPI encroached on the jurisdiction of telecommunications regulators. They further contended that blocking entire websites constitutes a disproportionate measure that infringes upon freedom of expression and public access to information.
In January 2025, a federal judge denied TotalPlay’s injunction. The court ruled that intellectual property protection justifies these measures, noting that freedom of expression and access to information are not absolute rights. The ruling emphasized that these liberties must be balanced against the rights of third parties and the preservation of public order.
Justice Guerrero García’s proposal supports this judicial logic, maintaining that the company’s arguments do not invalidate the initial ruling. If the full court approves the project on April 9, the case will return to a collegiate court to resolve remaining technical questions regarding the IMPI’s administrative procedures.
This legal battle occurs as Grupo Salinas faces broader regulatory pressure. On the same day the SCJN is scheduled to discuss the piracy case, the court is also expected to address other matters involving Grupo Salinas owner Ricardo Salinas Pliego. According to reports from Expansión, the SCJN recently rejected legal challenges from the conglomerate, which sought to avoid paying over 51 billion pesos in taxes. Throughout the process, the group has filed more than 100 legal motions.
