Journalist María Idalia Gómez warned that the sanction imposed on Telemundo by the Supreme Court of Justice of the Nation (SCJN) for using the image of Sandra Ávila Beltrán, known as 'The Queen of the South,' reflects the tension between brand protection, personal rights, and freedom of expression in Mexico. In an interview for Aristegui en Vivo, Gómez pointed out that the recent INPI resolution and its judicial confirmation not only affect the commercial exploitation of the former criminal's image but also how the public interest is addressed in media and cultural content. This is a relative victory; it's not that the person has won completely, but that the INPI confirmed that the commercial use of her image without authorization constitutes an infringement. The journalist recalled that these types of cases resemble other precedents, such as those of Gloria Trevi, where the line between the right to information and brand protection becomes blurred. Gómez highlighted that the debate revolves around the difference between using an image for informational purposes and its commercial exploitation. 'When it comes to public interest and strengthening social discussion, it cannot be inhibited in this way; the sanction applies when there is direct or indirect profit, as in this case of series promotion,' she pointed out. For the journalist, although the fine imposed is relatively low compared to the benefits obtained from the series, the ruling can set a relevant precedent for future cases where economic benefits are sought from audiovisual content. 'Sandra Ávila's lawyer commented that this can help manage issues in the United States regarding earnings from the series, but each judicial system is different and will not necessarily have the same impact,' she clarified. She also reflected on the category of public figures and stated that 'what happens around these people is what becomes relevant for informing, not the person themselves as a private subject.' You may also be interested > Sandra Ávila Beltrán defeats Telemundo for using her image in 'The Queen of the South'; she must be paid 448 thousand pesos. Additionally, she emphasized that figures in the media and with legal backgrounds, like Ávila Beltrán, are in a space where information about their actions and their environment acquires public interest, and therefore the media must be able to disseminate it. Gómez warned that this discussion not only involves brand protection but also the limits of freedom of expression in a journalistic context. 'Protecting brands cannot cut the public's right to know information of public interest; we are vehicles for the population to be informed, and we must alert to these limits,' she maintained. Finally, she recalled that case law in Mexico has shown different results depending on the context. Cases like those of Gael García Bernal or Gloria Trevi demonstrated that the use of an image for commercial purposes can be sanctioned, while journalistic coverage and the documentation of facts of public interest must remain protected. 'The debate remains open, and we must continue to monitor it,' and the importance of balancing image rights and access to information must prevail, she concluded.
