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Mexico’s Supreme Court Upholds Fine Against Telemundo for Using ‘Queen of the Pacific’ Image in Series Promotion

The ruling cements constitutional limits on commercial image use by clarifying that entertainment promotions do not qualify as journalistic exceptions.

Overview

  • Mexico’s Supreme Court unanimously denied Telemundo’s amparo in case 2808/2025, leaving in force an IMPI sanction of 5,000 UMA (about 448,000 pesos).
  • The sanction is an administrative penalty payable to the public treasury rather than compensation to Sandra Ávila Beltrán.
  • The Court held that a person’s image may be used without consent only when captured in public for informative or journalistic purposes, not for commercial promotion.
  • Articles 87 and 231, section II, of the Federal Copyright Law were upheld as constitutional for protecting the rights to one’s image and privacy.
  • The decision preserves a civil route for Ávila Beltrán to pursue damages or claim a share of revenues, and it signals greater legal risk for producers and streaming platforms using real-life likenesses in entertainment.