How Morena politicians hijacked gender laws to muzzle the press

Mayor of Acapulco Abelina López at a press conference. Image sourced from Abelina López’s Twitter account (@AbelinaLopezR).

by David Agren, writer-at-large.

Reporting on alleged irregularities in the municipal finances is routine for local media outlets the world over. Acapulco Trends recently focused its reporting on the statements from the superior auditor of Guerrero state, which found 898 million pesos of irregularities in municipal accounts. 

Acapulco mayor Abelina López found the reporting objectionable. But rather than counter it with proof of probity in local finances or audited statements, the ruling Morena party mayor filed claims of gender violence in politics with the state electoral tribunal. Astonishingly, the tribunal agreed with her accusation. 

The tribunal insisted in its ruling that stories published by the news outlet “are not protected by freedom of expression because they involve political violence against women based on gender.” It ordered Acapulco Trends to apologize for 15 consecutive days – which the news organization did on July 24.

The tribunal’s ruling highlighted the continuing erosion of press freedom in Mexico – already one of the most murderous countries for journalists. It also showed the limits of freedom of expression under Morena as its march toward one-party rule continues – with many of the vices of the Institutional Revolutionary Party (PRI). There’s also the party’s disdain for transparency – as evidenced by former president Andrés Manuel López Obrador’s opaque finances and dismantling of the transparency institute (INAI) – along with politicians replicating AMLO’s hostility to the media.

But the Acapulco case continued the troubling trend of female politicians lodging complaints of gender violence for cases unrelated to such claims. More recently, the claims have become a pretext for censoring critics and silencing critical media.

The Tamaulipas Electoral Institute (IETAM) ordered veteran crime reporter Héctor de Mauleón to take down a May 1 column he published in the newspaper El Universal on gasoline theft in the northern border state. The column raised accusations of corruption against the relative of a judicial candidate Tania Contreras – prompting her to sue de Mauleón for slander and political violence based on gender. He was found guilty, meaning his name will be published in the Persons Sanctioned for Political Violence against Women held by the National Electoral Institute – effectively, a scarlet letter against his name.

“(These) are clear examples of judicial harassment, with politicians abusing the law to silence critical reporting – an increasingly common phenomenon in Mexico,” Jan-Albert Hootsen, Mexico representative of The Committee to Protect Journalists, said in a statement. “Such vexatious lawsuits are an increasingly popular tool for Mexican politicians to censor critical journalism”

The abuse of the gender violence for silencing critics extends beyond journalism. Karla Estrella, a private citizen in Sonora, unleashed a snarky post on X, questioning the composition of Morena’s candidate lists. She implied nepotism in the nomination of Diana Karina Barrera Samaniego – known as “DATO RESERVADO” – and her husband, Sergio Gutiérrez Luna, who was president of the lower house of Congress. Barrera accused Estrella of gender violence and won, though President Claudia Sheinbaum called the sentence of apologizing every day for 30 days “excessive.”

Laisha Wilkins, an actress and influencer, was accused of gender violence by a judicial candidate for posting on X, “Jaja Dora la censuradora jaaja [sic]” below a news article with the words “Dora la censuradora.” Aristegui noticias, which ran the headline, and several reporters were also included in the complaint. 

The use of accusations of political violence based on gender, “has been used to silence legitimate criticism in the political sphere, directed at public officials, candidates for popular election and public figures, under the excuse of protecting women from violence,” said Red en Defensa de los Derechos Digitals, an online advocacy group.

The crime of political violence based on gender was approved in 2020 as women entered the political arena in bigger numbers. Mexico now requires gender parity for all political and public positions.

The rise in attempts at censorship through gender violence laws comes as Morena party governors crackdown on dissent. Puebla governor Alejandro Armenta, pushed through a cyberbullying law, which effectively bans online criticism with penalties of up to three years in prison and fines of up to 30,000 pesos. Campeche governor Layda Sansores imposed a gag order on journalist Jorge Luis González Valdez, who must receive court permission to publish any article in which the governor is mentioned.

The rise in censorship coincides with Morena taking control of more state governments and local congresses. AMLO often expressed opposition to censorship, though he showed more zeal for supporting prominent figures abroad – such as Donald Trump after the US president lost his Twitter account, and Julian Assange – than journalists being attacked in Mexico.

“(AMLO) gave permission” to go after critics, including journalists, said Javier Garza, journalist and editor in Torreón. “If he did it from the presidency, then any governor, mayor, lawmaker, whatever, will say, well, if the president does it, then I’ll do it too.”

Garza added, “They started using different channels. And one of those channels is the courts. Obviously, (the courts) are either co-opted or they lend themselves to this kind of thing.”

“It’s a thin skin that comes from arrogance, from feeling: We’ve already come to power and no one's going to question how I use it. … That’s an arrogance we see in the case of Morena.”

For her part, López, the Acapulco mayor, has a history of complaining about journalists doing their jobs. After Acapulco journalist Alfredo Cardoso was pulled from his home and found dead the next day in 2021, López chastised the local press for paying too much attention to insecurity and told them to avoid covering crime and violence.

She once again played victim over the reporting of Jesús Castañeda, director of Acapulco Trends. The site questioned her travelling to Oaxaca and spending money on concerts, she said.  “There are also limits when you try, you act against morality, privacy, the rights of others, you commit a crime, you disturb public order,” she told MVS Noticias. 

Castañeda said afterward, “We will continue to report irregularities. “Whether you like it or not, it's an authority, and seeing how they manipulate the laws to suit themselves is regrettable.”