Political-electoral rights in Mexico in the face of the challenges of Artificial Intelligence

Abstract

The purpose of this article is to analyze the content of political-electoral rights in Mexico, to show to what extent they are affected due to the problems associated with the use of Big Data, Artificial Intelligence and Algorithms. It takes into consideration the possibility for digital technologies to misinform, affect public opinion, political will formation and free elections. The problems associated with the dissemination of illegal

content on the Internet capable of affecting an electoral process have as a starting point the massive treatment of personal political opinion data. Therefore, the relevance for the electoral authority to get involved in cases where the right to personal data protection is violated, as part of the electoral guarantees under its responsibility. Mexican jurisprudence is studied, with the purpose of explaining in which cases the electoral authority can intervene in the disclosure of content on digital platforms, by means of their sanctioning power, to guarantee democratic principles and values. It is argued that the promotion of civic education as a constitutional attribution conferred to Electoral Management Bodies, is a preventive measure that corresponds to a greater extent with the current socio-technological reality. The research concludes with the relevance of using this power in charge of electoral bodies, as a long-term public policy in the face of the challenges of Artificial Intelligence. This is because the sanctioning procedure is a corrective means unable to stop in time the effects of this technology against the dissemination of illegal content on digital platforms, even though the provision of precautionary measures. On the other hand, the alternative of leaving in the exclusive hands of private corporations the removal of controversial messages, in accordance with their internal regulations, may constitute prior censorship. By consuming political content on digital platforms, users give their personal data on political opinions and enable the possibility that their perception of issues of public relevance may be oriented. This possibility affects the decisional autonomy of individuals and jeopardizes the electoral guarantees necessary to achieve free elections as the foundation of democracy. Because the technological phenomenon imposed by Artificial Intelligence may be imperceptible to the holder of the fundamental right under analysis, it is noted that the jurisdictional criteria originated by the request for judicial protection in the face of the injury of subjective rights will take time to arrive. The State must address this public problem under the umbrella of its power to provide social benefits, which means basing its actions on the objective dimension of the rights themselves.

Summary: I. CONTEXTUAL APPROACH. II. POLITICAL-ELECTORAL RIGHTS: THE CASE OF MEXICO. III. SANCTIONING PROCEDURE AND DISCLOSURE OF ILLEGAL CONTENT ON THE INTERNET. IV. ELECTORAL MANAGEMENT BODIES AND PROMOTION OF CIVIC EDUCATION. V. CONCLUSIONS. VI. BIBLIOGRAPHY