By a majority vote, the Supreme Court of Justice of the Nation (SCJN) declared Article 480 of the Criminal Code of the State of Puebla on cyberharassment unconstitutional, considering that its wording is ambiguous and violates the principle of legal certainty. The ruling was made when analyzing the unconstitutionality action 88/2025, promoted by the National Human Rights Commission (CNDH), which challenged the reform published on July 11, 2025. The highest court determined that concepts such as 'harassment,' 'surveillance,' or 'offense' lack a precise definition, which generates legal uncertainty and opens the door to possible acts of censorship, as punishable conduct is not clearly delimited. With this decision, the Court invalidated the 'cyberharassment' law, which provided for sanctions of six months to three years in prison, in addition to economic fines. The ruling counted with the votes in favor of the presiding minister Hugo Aguilar Ortiz, as well as Yasmín Esquivel Mossa, Loretta Ortiz Ahlf, Giovanni Figueroa Mejía — the case's rapporteur—, Irving Espinosa Betanzo, and Aristides Guerrero García. In contrast, ministers Lenia Batres Guadarrama, María Estela Ríos González, and Sara Irene Herrerías Guerra voted against and announced the issuance of separate opinions. The invalidated article established that whoever, through digital means such as social networks or email, repeatedly carried out acts of surveillance, harassment, intimidation, or offense that affected a person's daily life or integrity, would be guilty of cyberharassment. Government defends the scope of the law Following the ruling, the coordinator of the state cabinet, José Luis García Parra, pointed out that the initiative was not limited to the crime of cyberharassment, but sought to address various risks in the digital environment, such as fraud, theft of personal data, and aggression on social networks. He explained that one of the central objectives was to protect minors against practices such as the use of false identities to contact them, as well as to prevent digital violence. However, he stated that the state government will maintain an institutional position regarding the Court's decision. 'We are respectful of autonomy and the division of powers; it will be the ministers who determine the scope of this law,' he expressed. A controversial law since its approval The criminalization of cyberharassment in Puebla generated controversy since its approval in July 2025. Legislators from MORENA and their allies pushed for the reform arguing the need to address the growth of digital violence, especially against women and minors. However, civil society organizations, journalist collectives, and specialists in digital rights warned from the beginning that the article's wording was ambiguous and could be used to limit freedom of expression, criminalize opinions on social networks, or inhibit journalistic activity. As a result, in addition to the action promoted by the CNDH, various amparos were filed by citizens and the PAN, who considered that the norm violated fundamental rights such as the free expression of ideas and access to information.
