Justice put a stop to cultural ‘marketing’
The Supreme Court has just taught a lesson that many companies should take note of: culture is not an advertising disguise. With seven votes in favor, the highest court ruled that Xcaret Group must remove any element alluding to Mayan culture from its advertising.
“Indigenous peoples have the right to decide on the use of their cultural heritage,” argued Minister María Estela Ríos González.
The ruling revokes a suspension that allowed the company to continue using Mayan symbols in its campaigns. The legal battle began in 2022, when the Great Mayan Council of Quintana Roo demanded that they stop using their assets without authorization.
A precedent that hurts in the big leagues
The interesting thing here is not just what happens to Xcaret. It’s what it means for all those brands that have made ‘folklore’ a packaged product. The Court clearly establishes: commercial use requires indigenous consent.
Remember when everyone talked about cultural appropriation as if it were an academic debate? Well, he already has legal teeth. This ruling sets the stage for other communities to demand the same.
The curious thing is the timing. The case was ‘attracted’ by Minister President Hugo Aguilar Ortiz last October. Just when tourism was preparing for another high season with all its questionable souvenirs.
The two ministers who voted against must have solid legal arguments. But seven against two speaks clearly: the balance tips towards protection, not exploitation.
Now we will see if other companies begin to review their catalogs. Because what is a problem for Xcaret today could be a problem tomorrow for anyone who has seen culture as simple decoration.
