San Luis Potosí, Mexico passes law to penalize AI abuse
2026-07-11 14:29
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en.Wedoany.com Reported - The northern Mexican state of San Luis Potosí has passed a criminal law reform that imposes criminal penalties for the abuse of artificial intelligence, including deepfakes. The state congress approved the reform through Decree No. 0314 in November 2025, and the relevant provisions have been published in the state's official gazette. The reform addresses acts such as manipulating images, sounds, and digital identities; disseminating false information; and generating false content that could affect public peace or public trust in institutions. Depending on the severity of the offense, penalties range from one to six years in prison, along with fines.

The Congress of San Luis Potosí, Mexico approves a bill to penalize the abuse of artificial intelligence

Known as the "Ley Serrano" (Serrano Law), the reform is named after its main proponent, local deputy Héctor Serrano. The law adds new articles to the San Luis Potosí Criminal Code and establishes a new chapter titled "Misuse of Artificial Intelligence Causing Social Panic." The law defines sanctions for three categories of AI-related abuse. The first targets the creation, modification, manipulation, or dissemination of content simulating real people using AI-generated images or sounds without prior, explicit, and informed consent. This carries a penalty of one to three years in prison and a fine of 11,000 to 35,000 Mexican pesos (approximately $670 to $2,010), equivalent to 100 to 300 times the Measurement and Update Unit (UMA). The penalty can be increased by up to 50% if the content is disseminated, commercialized, or used for profit, or if it harms another person's honor, reputation, or privacy. The second category addresses the creation, modification, or dissemination of false or manipulated AI-generated content intended to cause public panic or disrupt public peace. This carries a penalty of two to five years in prison and a fine of 23,000 to 47,000 Mexican pesos (approximately $1,340 to $2,680), equivalent to 200 to 400 times the UMA. The penalty can be increased by up to 50% if the content is disseminated through media, digital platforms, social media, or automated or anonymous accounts that simulate real information. The third category targets the creation or dissemination of content simulating statements, communiqués, or actions of authorities, public institutions, or security forces, with the aim of undermining public trust or endangering national security. This carries a penalty of three to six years in prison and a fine of 35,000 to 70,000 Mexican pesos (approximately $2,010 to $4,020), equivalent to 300 to 600 times the UMA. The penalty can be increased by up to 50% if the act occurs during electoral, public security, or judicial processes, or if it causes public disorder or damage to public property.

The push for the law began in October 2025, following the circulation of videos on social media, allegedly created by members of organized crime, that accused Governor Ricardo Gallardo. The governor denied the authenticity of the material, claiming the videos were created by AI, and subsequently proposed the need for regulations to penalize the misuse of such tools. Deputy Héctor Serrano Cortés submitted the initiative, which ultimately led to the reform. The law stipulates that the offenses must be intentional and for a specific purpose; it does not penalize the use of AI itself, but rather its use to invade private life, cause public panic, or undermine trust in institutions. The reform also excludes from criminal liability AI-generated content created for journalistic, academic, artistic, satirical, or political criticism purposes, provided there is no intent to cause harm.

The "Ley Serrano" has been challenged by organizations defending digital rights and freedom of expression. The National Human Rights Commission (CNDH) has filed an unconstitutionality action, asking the Supreme Court of Justice of the Nation (SCJN) to review whether the reform's provisions comply with the Mexican Constitution. ARTICLE 19, Mexico and Central America, has submitted an amicus curiae brief requesting the Supreme Court to declare the relevant provisions invalid, arguing that the offenses fail to clearly define concepts related to AI, synthetic content, or artificially generated content, and questioning the lack of objective criteria for terms such as "public panic," "social peace," "public trust in institutions," or "national security." The organization notes that the exceptions for journalistic, academic, artistic, satirical, or political criticism content may be insufficient, as they require proof of no intent, which could shift the burden of proving lawful conduct onto the person under investigation. Furthermore, the organization warns that the prescribed penalties may be disproportionate and that imposing criminal sanctions on digital expression could have a chilling effect on freedom of speech. The Digital Rights Defense Network (R3D: Red en Defensa de los Derechos Digitales) has also pointed out that the reform poses a risk to freedom of expression, and that the new offenses could be used to intimidate or persecute journalists, activists, or other critical voices. Without precise definitions and adequate safeguards, the regulation could be used as a mechanism for digital censorship.

The debate over the reform continues in San Luis Potosí. On June 30, 2026, the state congress concluded its regular session, leaving three pending initiatives aimed at modifying or repealing the reform. Lawmakers agreed to postpone consideration of these proposals until September 2026 and announced that forums would be held to discuss possible modifications.

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