Key Benefits:
Legislative Function
NATIONAL ASSEMBLY
COMMUNICATION ORGANICA
T E R C E R S U P L E M E N T O
Year I-Nº 22
Quito, Tuesday, June 25, 2013
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ING. HUGO DEL POZO BARREZUETA
DIRECTOR
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24 pages
www.registroficial.gob.ec
At the service of the country since July 1, 1895
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Office No. T. 6369-SNJ-13-543 Quito, June 21, 2013 Engineer HUGO DEL POZO BARREZUETA Director of the Official Register Present My consideration: By trade No. PAN-GR-2013-0175 of 17 June 2013, received on 18 of the same month and year, Mrs. Gabriela Rivadeneira Burbano, President of the National Assembly, referred the project of "ORGANIZATION OF COMMUNICATION LAW", for the sanction or object. In this context, once the aforementioned project has been sanctioned, in accordance with the provisions of the third paragraph of Article 137 of the Constitution of the Republic and the first paragraph of Article 63 of the Organic Law of the Legislative Function, referred to you the Supradicha Act, in original and certified copy, together with the corresponding certificate of discussion, for publication in the Official Register. Additionally, I would thank you that, after the respective publication, the original copy will be sent to the National Assembly for the purpose of the purpose.
Attentive, GOD, HOMELAND AND FREEDOM
f.) Rafael Correa Delgado, CONSTITUTIONAL PRESIDENT OF THE REPUBLIC Annex as indicated by Cc. Ms Gabriela Rivadeneira Burbano, PRESIDENT OF THE NATIONAL ASSEMBLY.
REPUBLIC of Ecuador
NATIONAL ASSEMBLY
CERTIFICATION
In my capacity as General Secretary of the National Assembly, I allow myself to CERTIFY that the ORGANIC LAW Project COMMUNICATION, was discussed and approved on the following dates: FIRST DEBATE: December 22, 2009 and 5 of
January 2010 SECOND DEBATE: 16, 22 and 24 November
2011, 11 April 2012 and 14 June 2013.
Quito, June 17, 2013.
f.) DRA. LIBYA RIVAS O., General Secretariat.
REPUBLIC OF ECUADOR
NATIONAL ASSEMBLY
THE PLENO
CONSIDERING:
What, the transitional provision first of the Constitution of the Republic published in the official register No. 449 of October 20, 2008 provides that the legislative body approves the Law of Communication; that, in the constitutional state of rights and justice, in accordance with principles and norms of the Convention Inter-American on Human Rights, the rights to communication are recognized, which include: freedom of expression, information and access on equal terms to radio spectrum and information and communication technologies; whereas Article 384 of the Constitution of the Republic establishes that the social communication system must ensure the exercise of rights to communication, information and freedom of expression and strengthen citizen participation; whereas, it is necessary to create the appropriate legislative mechanisms for the full and effective exercise of the right to communication of all people, individually or collectively; what, it is indispensable to adapt a system of specialised legislation to ensure the exercise of the rights of free, intercultural, inclusive, diverse and participatory communication in all areas of social interaction, by any means and form, in its own language and with its own symbols; that, through the promotion and creation of social media, equal access to the use of radio spectrum frequencies for the management of radio stations is guaranteed. public, private and public radio and television; what is necessary to use the mechanisms constitutional, legal and technical to strengthen the access and use of all forms of visual, auditory, sensory and other communication that allow the inclusion of persons with disabilities; what, the strengthening of legal instruments intended to the communication, they shall ensure the allocation, through transparent and equal conditions, of radio spectrum frequencies, for the management of public, private and Community radio and television stations, In addition, it is necessary to ensure that the collective interest prevails in its use; instituting the legal tools to facilitate the creation and strengthening of public, private and community media; whereas, it is fair to prevent the direct and indirect oligopoly and monopoly of ownership of the media (i) communication and the use of radio spectrum frequencies; whereas, at the initiative of the President of the Republic, Eco. Rafael Correa Delgado, Ecuadorians and Ecuadorians were called to express themselves in the consultation
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popular on May 7, 2011 on issues related to communication and its regulation, and massively supported the eradication of the influence of economic power and political power on the media, as well as the improvement of the quality of content disseminated by the media, and the establishment of legal consequences in order to avoid abusive and irresponsible use of freedom of expression; and, in the exercise of powers Article 120 (6); and, Article 133 (2) of the Constitution of the Republic, issue the following:
LAW OF COMMUNICATION
TITLE I Preliminary provisions and definitions
Art. 1.-Object and scope.- This law aims to develop, protect and regulate, in the administrative field, the exercise of constitutionally established rights to communication. Art. 2.-Entitlement and enforceability of the rights.- They are holders of the rights established in this Law, individually or collectively, all Ecuadorian and foreign persons residing on a regular basis in the national territory, regardless of his position or function in public administration or private activity, as well as the nationals residing abroad in the terms and scope of the Ecuadorian jurisdiction. Art. 3.-Communication content.- For the purposes of this law, content shall be understood as any type of information or opinion that is produced, received, disseminated and exchanged through the means of social communication. Art. 4.-Personal content on the Internet.- This law does not regulate the information or opinion that is issued through the Internet. This provision does not exclude criminal or civil actions to which there is a place for violations of other laws that are committed through the Internet. Art. 5.-Social Media.- For the purposes of this law, social media are considered as social media to companies, public, private and community organizations, as well as to the concessionaires of radio and television frequencies, which provide the public service of mass communication which use as a tool printed media or radio, television and audio and video services by subscription, the contents of which can be generated or replicated by the means of communication through internet. Art. 6.-Social media of a national nature.- The audiovisual media acquire national character when their coverage reaches 30% or more of the country's population, according to the last national census; or, if the system is made up of a matrix and six or more repeaters whose coverage reaches populations of two or more natural regions of the country. The same condition is acquired by the national print media provided that the publication circulates in one or more
provinces of the territory of the Republic of Ecuador whose population corresponds, individually or jointly, to 30% or more of the total The country's population, according to the latest national census. In order to account for and verify the adequacy of the parameter set out above, all companies operating the same audiovisual or national print medium shall be considered jointly, either directly or in the form of regional or regional editions. any other mechanism. The means of social communication of a national character may not belong in whole or in part, directly or indirectly, to foreign organizations or companies domiciled outside the State of Ecuador or to foreign citizens, except those foreign nationals residing on a regular basis in the national territory. Art. 7.-Information of public relevance or of general interest.- It is information disseminated through the media about public affairs and general interest. The information or contents considered entertainment, which are disseminated through the media, acquire the condition of information of public relevance, when in such contents the right to the honor of the persons or other constitutionally established rights. Art. 8.-Prevalence in the dissemination of content.- The media, in general, will disseminate content of an informative, educational and cultural nature, in a prevalent way. These contents should be intended for the quality and dissemination of the values and fundamental rights enshrined in the Constitution and in international human rights instruments. Art. 9.-Code of Ethics.- The public, private and community media will have to issue by themselves deontological codes aimed at improving their internal management practices and their communication work. These codes should consider the rules set out in Article 10 of this Law. Deontological codes cannot be supplied by law.
TITLE II
Principles and Rights
CHAPTER I Principles
Art. 10.-Ethics rules.- All natural or legal persons who participate in the communication process must consider the following minimum standards, according to the characteristics of the means used to disseminate information and opinions: 1. Referred to human dignity:
a. Respect people's honor and reputation;
b. Refrain from performing and spreading discriminatory content and comments; and,
c. Respect personal and family intimacy.
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2. Related to priority care groups:
a. Do not incite children and adolescents to imitate harmful or dangerous behaviors for their health;
b. Refrain from using and disseminating images or
identifying indications that attack the dignity or rights of persons with severe pathologies or disabilities;
c. Avoid positive or avalorative representation of
scenes where people's physical or mental disabilities are made fun;
d. Refrain from issuing images or mentions
identifying children, girls and adolescents as authors, witnesses or victims of unlawful acts; except where, in the interests of the child's best interests, be provided by competent authority;
e. Protect the right to the image and privacy of
adolescents in conflict with criminal law, in accordance with the provisions of the Code of Childhood and Adolescence; and,
f. Refrain from issuing content that atentan
against the dignity of older adults, or project a negative view of aging.
3. Concerning the professional exercise:
a. Respect the constitutional budgets of verification, opportunity, contextualization and contrast in the dissemination of information of public relevance or general interest;
b. Refrain from omitting and misrepresenting
intentionally elements of the information or opinions disseminated;
c. Refrain from obtaining information or images
with illicit methods;
d. Avoid morbid treatment of information about crimes, accidents, catastrophes or other similar events;
e. Defend and exercise the right to the
awareness clause;
f. Prevent censorship in any of its forms, regardless of who intends to do it;
g. Do not accept external pressures on compliance
of journalistic work;
h. Exercise and respect rights to source reserve and professional secrecy;
i. Refrain from using the status of journalist or
social communicator for personal gain;
j. Do not use proprietary information
inside, obtained in a confidential manner in the exercise of its informative function; and,
k. Respect copyright and dating rules.
4. Related to
social communication media practices:
a. Respect freedom of expression, commentary and criticism;
b. Rectify, as soon as possible,
information that has been shown to be false or erroneous;
c. Respect the right to the presumption of innocence;
d. Refrain from spreading publireports as if
were informational material;
e. Take care that the headlines are consistent and consistent with news content;
f. Unambiguously distinguish between news and
views;
g. Clearly distinguish between information material, editorial material and commercial or advertising material;
h. Avoid spreading, in a positive or avalorative way,
irresponsible behavior with the environment;
i. Take responsibility for the information and
opinions that are spread; and, j. Refrain from performing lynching practices
media, understanding for such, the dissemination of concerted and repetitive information, directly or by third parties, through the means of communication aimed at discrediting a natural or legal person or reduce their public credibility.
Failure to comply with the ethical standards set out in this article may be denounced by any citizen or organization in the face of the Superintendence of Information and Communication, which, after verifying the veracity of the denounced, will issue an admonition in writing, provided that it does not constitute an infringement that warrants another sanction or administrative measure established in this Law. Art. 11.-Principle of affirmative action.- The competent authorities shall adopt public policy measures to improve the conditions for the access and exercise of the rights to the communication of human groups deemed to be In fact, it is a matter of real inequality, with regard to the generality of the citizens. Such measures shall last as long as necessary to overcome such inequality and their scope shall be defined for each individual case. Art. 12.-Principle of democratization of communication and information.- The actions and decisions of civil servants and public authorities with competence in matters of rights to communication,
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will permanently and progressively propose to create the material, legal, and political conditions to achieve and deepen the democratization of ownership and access to the media, to create media, to generate spaces for participation, access to radio spectrum frequencies allocated for radio services and open and subscription television, technologies and information flows. Art. 13.-Principle of participation.- The authorities and public officials, as well as the public, private and community media, will facilitate the participation of citizens in the processes of communication. Art. 14.-Principle of interculturality and plurinationality.- The State through the institutions, authorities and public officials competent in matters of rights to the communication will promote measures of public policy to guarantee the intercultural relationship between communes, communities, peoples and nationalities; in order to produce and disseminate content that reflects their worldview, culture, traditions, knowledge and knowledge in their own language, with the aim of establishing and progressively deepening an intercultural communication that values and respects the diversity that characterizes the Ecuadorian State. Art. 15.-Principle of higher interest for girls, boys and adolescents.- The media shall promote the exercise of the rights to the communication of girls, boys and adolescents in a priority manner, in accordance with the principle of interest " Superior established in the Constitution and in the Code of Childhood and Adolescence. Art. 16.-Principle of transparency.- The social media will disseminate their editorial and information policies and their code of ethics in web portals or an instrument available to the public.
CHAPTER II Rights to the communication
SECTION I
Freedom Rights Art. 17.-Right to freedom of expression and opinion.- All persons have the right to express and express their opinions freely in any form and by any means, and shall be responsible for their expressions according to the law. Art. 18.-Prohibition of prior censorship.-The censorship by an authority, public official, shareholder, partner, advertiser or any other person who in the exercise of his or her duties or in his or her quality review, approve or disapprove the contents prior to its dissemination through any means of communication, in order to obtain an illegitimate benefit, to favor a third person and/or to harm a third party. The media has a duty to cover and disseminate facts of public interest. The deliberate and recurrent omission of the dissemination of topics of public interest constitutes an act of prior censorship.
Those who previously censor or execute acts conducive to the conduct of the public interest will be administratively sanctioned. by the Superintendence of Information and Communication with a fine of 10 basic wages, without prejudice to the fact that the author of acts of censorship is judicially responsible for the commission of crimes and/or for the damages caused and for his integral repair. Art. 19.-Further liability.- For the purposes of this law, subsequent liability is the obligation of any person to assume the administrative consequences after spreading content that damages the rights established in the Constitution and in particular the rights of communication and public security of the State, through the media. Without prejudice to the civil, criminal or any other actions to which there is a place. Art. 20.-The subsequent responsibility of the media.- There will be a subsequent responsibility of the media, in the administrative, civil and criminal areas when the contents are expressly assumed by the media. or are not explicitly attributed to another person. The comments made on the basis of the electronic publications on the websites of the legally constituted media will be the personal responsibility of those who make them, unless the media omit to comply with one of the following actions: 1. Clear the user about their
personal responsibility for the comments issued;
2. Generate personal data recording mechanisms
that allow identification, such as name, e-mail address, citizenship or identity card, or;
3. Design and implement self-regulatory mechanisms
to prevent publication, and allow the reporting and removal of content that damages the rights enshrined in the Constitution and the law.
The media can only reproducing messages from social networks when the issuer of such messages is duly identified; if the media does not comply with this obligation, they shall have the same responsibility as for the content published in their Web page that is not explicitly attributed to another person. Art. 21.-Solidarity of the media.- The means of communication shall be jointly and severally liable for the compensation and compensation of a civil nature to be carried out, for failing to fulfil its obligation to carry out the to rectify or prevent those affected by the exercise of the rights of reply and reply ordered by the Superintendence of Information and Communication, prior to due process, and which have been generated by the dissemination of all kinds of content that damages human rights, reputation, honor, good name of people and security of the State, according to the Constitution and the law.
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Art. 22.- Right to receive information of truthful public relevance.- All persons have the right to have the information of public relevance received through the media verified, contrasted, accurate and contextualized. The verification implies that the facts have actually happened. The contrast involves collecting and publishing, in a balanced way, the versions of the persons involved in the events narrated, unless any of them has refused to provide its version, of which it will be expressed in the Journalistic note. Precision implies collecting and publishing accurately the quantitative and qualitative data that are integrated into the journalistic narrative of the facts. Qualitative data are the names, kinship, function, function, activity or any other that establishes the connections of the people with the facts narrated. If it is not possible to verify the quantitative or qualitative data, the first ones will be presented as estimates and the latter will be presented as assumptions. Contextualization involves bringing to the attention of the audience the background on the facts and the people who are part of the journalistic narrative. If the persons who are cited as sources of information or opinion have a specific interest or binding of electoral, political, economic or kinship in relation to the persons or facts that are part of the narrative This should be mentioned as the source identification data. Art. 23.-Right to rectification.- All persons have the right to have the means of communication rectify the information they have disseminated on them, their families or on the matters to their charge where there are deficiencies in the verification, verification and accuracy of the information of public relevance in accordance with Article 22 of this Law. The means of communication have the legal obligation to publish within 72 hours, counted from the filing of the claim of the affected person, free of charge, with the same characteristics, dimensions and in the same space, In the case of the right of rectification, the Superintendence of Information and Communication may provide, after the request of the Commission, the right of correction, the corrections to which it takes place.
Rating of the claim's relevance, the following administrative measures: 1. The rectification and public apology of the Director or
of the director of the media presented in writing to the affected direct persons with copy to the Council for Regulation and Development of Information and Communication, which is publish on its website and on the first interface of the website of the media for a period of not less than seven consecutive days;
2. Reading or transcription of the rectification and public apology in the same space, programs, sections and media in which the undemonstrated, false or inaccurate information was disseminated;
3. Only in case of recidivism taking place within
a year will be imposed a fine equivalent to 10% of the turnover averaged over the last three months presented in its declarations to the Internal Revenue Service, without prejudice to comply with the numbers 1 and 2 of this article; and,
4. In case of new reincidences, the fine will be double
of the charge on each previous occasion, without prejudice to compliance with the numbers 1 and 2 of this article.
In the case of the public media or The fine will be 10% of the twelfth part of its annual budget. The enforcement of these administrative measures does not preclude the judicial proceedings to which there is a dissemination of undemonstrated, false or inaccurate information. Art. 24.-Right to reply.- Every human person or collective who has been directly alluded to through a means of communication, in a way that affects his or her rights to dignity, honor or reputation; he has the right to have that media broadcast his replica free of charge, in the same space, page and section in written media, or in the same programme in audiovisual media and within a period of no more than 72 hours from the application submitted by the alluded to. If the media does not have the right to reply on its own initiative, the Superintendence of Information and Communication will be able to provide, after qualification on the relevance of the complaint, the same measures (a) administrative provisions for the violation of the right to rectification. Art. 25.-Position of the media on judicial matters.- The media shall refrain from taking institutional position on the innocence or guilt of persons involved in a legal investigation or judicial process. criminal proceedings until the judgment given by a competent judge is enforceable. The violation of this prohibition will be sanctioned by the Superintendence of Information and Communication with a fine equivalent to 2% of the turnover averaged over the last three months of the media, presented in its statements to the Internal Revenue Service. In the event of a repeat of the same year, the fine shall be twice as high as for each previous occasion. Art. 26.-Media Linchement.-The of information which, directly or through third parties, is produced in a concerted manner and published iteratively through one or more means of communication for the purpose of communication, is prohibited. to discredit a natural or legal person or reduce its public credibility. The Superintendence of Information and Communication may provide, after qualification of the relevance of the claim, the following administrative measures:
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1. The public apology of the person or persons who produced and disseminated such information.
2. Publish the apology set out in the previous numeral
in the media or media, in different days, in the same space, programs, sections, as many times as the information was published to the prestige or credibility of the persons concerned.
These administrative measures shall apply without prejudice to the fact that the perpetrators of the offence are responsible for the commission of offences and/or for the damage caused and for their integral repair. Art. 27.-Equity in the advertising of court cases.- In all cases where the media addresses the treatment of facts submitted to judicial investigation or prosecution, they are obliged to publish, on an equal basis, the versions and arguments of the parties involved. This obligation implies for the printed media, to provide all the parties involved with the same space, page and section to explain their arguments; and, in the case of the audiovisual media, it implies the presence of the parties or their representative simultaneously or consecutively in the same program and for the same time space, to expose their arguments. If either party refuses to use the space offered by the media, it is understood that the obligation of the media is duly fulfilled with the extended invitation, which will be expressly stated in the Journalistic note or in the corresponding programme. Without prejudice to the refusal of the parties, any of them may make use of their right to fair treatment at any later time, within a given year from their initial refusal, on the same terms as that laid down in this Article. Law in the case of the right of reply. In the event that the means of communication does not make the right of the parties to equal treatment on its own initiative, the Superintendence of Information and Communication may provide, prior to qualification on the relevance of the the same administrative measures established for the violation of the right to rectification. Art. 28.-Copies of programs or forms.- Every person who is affected by information from a means of communication may request copies of the programs or publications. The means of communication are obliged to attend, in a term no longer than 3 days, the requests for the delivery of copies of the programmes or publications which are submitted in writing. The lack of compliance with this obligation will be administratively sanctioned by the Superintendence of Information and Communication with a fine of 1 to 4 minimum basic remuneration of the worker in general for the medium that does not Store this order in a timely manner, without prejudice to the immediate issue of the requested copy.
Art. 29.-Freedom of information.- All persons have the right to receive, seek, produce and disseminate information by any means or channel and to freely select the means or channels by which they access information and content any type. This freedom can be limited only by the prior and explicit establishment of causes referred to in the law, the Constitution or an international human rights instrument, and only to the extent that this is indispensable for the exercise of other fundamental rights or the maintenance of the constituted order. Any conduct that constitutes an illegal restriction on freedom of information will be administratively sanctioned in the same way as this Law does in cases of prior censorship by public authorities and the media, without prejudice to other legal actions to which there is a place. Art. 30.-Restricted circulation information.- You may not circulate freely, in particular through the media, the following information: 1. Aquella that is expressly protected with a
reservation clause previously established in law; 2. Information about personal data and the information that
comes from personal communications, the dissemination of which has not been duly authorized by its owner, by law or by a competent judge;
3. The information produced by the Prosecutor's Office in the framework of
a prior inquiry; and, 4. Information about girls, boys, and
teens who violate their rights as set forth in the Code of Childhood and Adolescence.
The person making the dissemination of information set forth in the previous literals will be administratively sanctioned by the Superintendence of Information and Communication with a fine of 10 to 20 unified minimum basic remuneration, without prejudice to the fact that it responds judicially, if necessary, by the commission of crimes and/or by the damage caused and by its integral repair. Art. 31.-Right to the protection of personal communications.- All persons are entitled to the inviolability and secrecy of their personal communications, whether they have been made verbally, through the networks and services of legally authorized telecommunications or are supported on paper or electronic storage devices. It shall be prohibited to record or record by any means the personal communications of third parties without them having known and authorized such recording or recording, except in the case of covert investigations authorized and ordered by a judge. competent and executed according to the law.
The violation of this right will be sanctioned according to the law.
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Art. 32.-Comprehensive protection of girls, boys and adolescents.- Girls, children and adolescents have the right to the expression of their ideas, thoughts, feelings and actions from their own forms and spaces in their native language, without discrimination or stigmatization. Messages spreading between the social media and other public and private entities will give priority to the integral protection of girls, boys and adolescents, especially against revictimization in cases of sexual violence, physical, psychological, intra-family, accidents and others. The revictimization as well as the dissemination of contents that violate the rights of children and adolescents, according to what is established in the Code of Childhood and Adolescence, will be administratively sanctioned by the Superintendence of the Information and Communication with a fine of 5 to 10 minimum basic remuneration, without prejudice to the fact that the author of these conducts is judicially responsible for the commission of crimes and/or for the damages caused and for their integral reparation.
SECTION II Equality and Interculturality Rights
Art. 33.-Right to the creation of social media.- All persons, on equal opportunities and conditions, have the right to form a means of communication, with the constitutional and legal limitations established for the financial and business entities or groups, their legal representatives, members of their board and shareholders. The violation of this right will be sanctioned according to the law. Art. 34.-Right to access to frequencies.- All persons individually and collectively have the right to access, on an equal basis, the use of radio spectrum frequencies assigned to radio and television services. open and by subscription in terms of the law. Art. 35.-Right to universal access to information and communication technologies.- All people have the right to access, train and use information and communication technologies to enhance the enjoyment of their rights and development opportunities. Art. 36.-Right to intercultural and plurinational communication.- Indigenous peoples and nationalities, Afro-Ecuadorian and montubias have the right to produce and disseminate in their own language, contents that express and reflect their worldview, culture, traditions, knowledge and knowledge. All media have a duty to disseminate content that expresses and reflects the worldview, culture, traditions, knowledge and knowledge of indigenous, Afro-Ecuadorian and montubian peoples and nationalities, for a space of 5% their daily programming, without prejudice to the fact that, by their own initiative, the media of
communication expands this space. The Council for Regulation and Development of Information and Communication will establish mechanisms and regulations for compliance with this obligation.
The lack of compliance with this duty by the media, will be administratively sanctioned by the Superintendence of Information and Communication with the imposition of a fine equivalent to 10% of the billing averaged over the last three months presented in its declarations to the Service of Rentas Internal, without prejudice to its obligation to disseminate these contents.
Art. 37.-Right to access for persons with disabilities.- The right to access and exercise of rights to the communication of persons with disabilities is promoted. To this end, the social media, public and private institutions of the social communication system and society will progressively develop, among others, the following measures: translation with subtitles, sign language and braille system. The State will adopt public policies that allow research to improve the preferential access of people with disabilities to information and communication technologies. Art. 38.-Citizen participation.- Citizenship has the right to organize freely in public hearings, public hearings, assemblies, popular lobbies, advisory councils, observatories or other organizational forms, in order to influence management of the media and monitor full compliance with the rights to communication by any media.
SECTION III Rights of communicators
Art. 39.-Right to the conscience clause.- The conscience clause is a right of social communicators and social communicators, which aims to guarantee independence in the performance of their functions. Social communicators will be able to apply the conscience clause, without this fact being liable to sanction or prejudice, in order to refuse in a reasoned manner to: 1. Perform a work order or develop content,
programs and messages contrary to the Code of Ethics of the Media or to the ethical principles of communication;
2. Subscribe to a text that they are authors of, when this
has been modified by a superior in violation of the Media Ethics Code or the ethical principles of communication.
The exercise of the Conscience cannot be considered under any circumstances as a legal cause for dismissal of the communicator or the social communicator.
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In all cases, social communicators will have the right to make public their disagreement with the media social communication through the media itself. Art. 40.-Right to the source reservation.- No person who spreads information of general interest may be required to disclose the source of the information. This protection does not exempt you from further responsibility. Information on the identity of a source illegally and forcefully obtained shall not be of any legal value; and the risks, damages and damages to which such a source is exposed shall be imputable to the person who has forced the disclosure of his identity. required to carry out the comprehensive repair of the damage. Art. 41.-Right to maintain professional secrecy.- No person carrying out social communication activities may be required to disclose the secrets entrusted to it in the course of the exercise of these activities. The information obtained will be without any legal value; and, the risks, damages and damages generated by the persons involved will be imputable to those who forced the disclosure of the professional secrets, being obliged to carry out the integral repair of damage. Art. 42.-Free exercise of communication.- All persons shall freely exercise the rights of communication recognized in the Constitution and this Law through any means of social communication. The journalistic activities of a permanent nature carried out in the media, in any level or position, must be carried out by professionals in journalism or communication, with the exception of those who have spaces of opinion, and professionals or experts from other branches who maintain specialized programs or columns. Persons who carry out journalistic programmes or activities in the languages of indigenous nationalities and peoples are not subject to the obligations set out in the preceding paragraph. In public entities, the charges inherent in the communication will be carried out by communicators or professional journalists. Art. 43.-Labor composition of the national media.- The national social media will make up its payroll of workers with criteria of equality and parity between men and women, interculturality, equality of opportunities for people with disabilities and intergenerational participation. Art. 44.-Labor rights of the workers of the communication.- Las and the communicators; and, the and the workers of the communication have the following rights: 1. To the public protection in case of derived threats
activity as communicators;
2. Remuneration according to the salary tables set by the competent authority, social security and other labour rights, according to their functions and competences;
3. To be provided by their employers of the resources
economic, technical and material sufficient for the proper exercise of their profession and the journalistic tasks that they take care of in the city, where they usually work, or of it;
4. To have the resources, means and stimuli to
conduct research in the field of communication, necessary for the exercise of their functions;
5. To professional development and technical training; for the
which, the public and private entities and the media will provide the facilities that would be of the case; and,
6. To the other rights enshrined in the Constitution
of the Republic and in law.
TITLE III Social Communication System
CHAPTER I
Scope Art. 45.-Conformation.- The Communication System Social will be formed by institutions of public character, policies and regulations, as well as with private actors, community and citizens who voluntarily join it, according to the regulation of this Law. Art. 46.-Objectives.- The National Communication System has the following objectives: 1. Articulate the resources and capacities of
public, community and private actors
make up the System to achieve the full exercise of the rights of communication recognized in the Constitution, in this Law and in other norms of the Ecuadorian legal order;2. Develop and implement participatory and
public planning mechanisms
the definition, social control and adequacy of all public communication policies;3. Monitor and evaluate public policies and plans
established and implemented by the authorities with competencies related to the exercise of the communication rights referred to in this Law; and, make recommendations for the optimization of public investment and the fulfillment of the objectives and goals defined in the National Development Plan related to the rights to communication; and,
4. Permanently produce information on
advances and difficulties in the applicability of communication rights, media performance, and the use of the
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communication and information technologies, having as their reference parameters primarily constitutional content, those of international instruments and those of this Law.
CHAPTER II of the Institutionality for Regulation and Control
Art. 47.-Council for Regulation and Development of Information and Communication.- The Council for Regulation and Development of Information and Communication is a collegiate body with legal personality, functional autonomy, administrative and financial, whose The President shall exercise the legal, judicial and extrajudicial representation of this entity. Its resolutions are binding. Art. 48.-Integration.- The Council for Regulation and Development of Information and Communication will be integrated as follows: 1. A representative of the Executive Function, who will
chair. 2. A representative of the National Councils of
Equality. 3. A representative of the Participation Council
Citizen and Social Control. 4. A representative of the Autonomous Governments
Decentralized. 5. A representative of the Ombudsman. Art. 49.-Privileges.- The Council for Regulation and Development of Information and Communication will have the following powers: 1. Establish the mechanisms for the exercise of the
rights of the users of the communication services and information;
2. Regulate universal access to communication and
information; 3. Regulate the classification of contents and slots
time; 4. Determine mechanisms that allow the variety of
programming, with guidance to educational and/or cultural programs;
5. Establish mechanisms to disseminate the forms of
communication of different social, ethnic and cultural groups;
6. Develop and deliver the necessary regulations for the
compliance with its powers and its functioning; 7. Develop studies regarding the behavior of the
community on the content of the media and communication;
8. Draw up the binding report, in the cases provided for in this Law, for the award or authorisation of radio spectrum frequency concessions for the operation of radio and television stations open, and for authorisation Performance of audio and video systems by subscription;
9. Formulate observations and recommendations to
reports that the telecommunications authority presents to you on a quarterly basis in the process of applying the equitable distribution of frequencies set forth in Art. 106 of this Law;
10. Prepare the report for the authority of
telecommunications to resolve on the termination of a radio or television concession for the causal failure of the objectives set out in the communication project;
11. Create the administrative and operational instances that
are required for performing their functions; and,
12. The other referred to in the law. Art. 50.-Requirements.- The members of the Council for Regulation and Development of Information and Communication shall meet the following requirements: 1. To have Ecuadorian nationality or to be a foreigner
legally resident in Ecuador; 2. Do not have a parentage relationship to the fourth degree of
consanguinity and second of affinity with those who are or have been partners or shareholders in a percentage higher than 6% of the share capital, or with owners, managers and managers of social media, during the two years preceding the date of their appointment;
3. Do not exercise management or management functions of
the social media or work under a social media dependency relationship, or have done so during the two years prior to the date of its designation; and,
4. Be in enjoyment of political rights and
participation. Art. 51.-Removal.- The Council for the Regulation and Development of Information and Communication may remove one of its members or councilors from the commission of a serious misconduct, only with a favorable vote of at least three of its members. The Council for Regulation and Development of Information and Communication will know and resolve on the dismissal of the councilors or directors for the causes established in this Law, through a procedure that guarantees the compliance of the rules of due process.
The removal order may be challenged in effect before the ordinary justice.
Art. 52.-Causals of dismissal.- They are causes of removal, without prejudice to the criminal and civil actions and sanctions to be taken:
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1. Receive handouts or accept the promise of your delivery in exchange for conditioning your decisions in the exercise of your office;
2. Conduct political proselytizing activities in the
exercise of their functions; 3. To be found in one of the causals of
incompatibility, which existed at the time of the appointment was not noticed, as provided in the Organic Law of Communication;
4. Unjustified inassistance to more than three sessions
consecutive from the Council; and, 5. The others who contemplate the law for civil servants
public in general. Art. 53.-Financing.- The Council for Regulation and Development of Information and Communication will have financing from the General Budget of the State. Art. 54.-Advisory Council.- The Council for Regulation and Development of Information and Communication will have an Advisory Council as a non-binding consultation and advisory mechanism, in the process of policy formulation in the field of information and communication. It will be made up of: 1. A representative of the audiovisual makers; 2. A representative of the social communicators; 3. A representative of citizen organizations
related to the promotion of culture; 4. university professors of
the faculties of communication; and, 5. A representative of the students of communication. The National Electoral Council will make up the polling stations for the election of representatives established in the numerals from 2 to 6. Art. 55.-Superintendence of Information and Communication.- The Superintendence of Information and Communication is the technical agency for surveillance, auditing, intervention and control, with sanctioning capacity, of concentrated administration, with legal personality, its own heritage and administrative, budgetary and organisational autonomy; it has extensive powers to enforce the rules governing the regulation of information and communication. The Superintendence will have in its structure tendencies, units, technical divisions, and advisory bodies that will be established in the regulations that for the effect issue. The or the Superintendent shall be appointed by the Council for Citizen Participation and Social Control of a third party to be sent by the President or President of the Republic in accordance with the provisions of the Constitution. The resolutions issued by the Superintendence in the field of its competence are mandatory.
Art. 56.-The privileges of the Superintendence of Information and Communication.- They will be the responsibility of the Superintendence of Information and Communication: 1. Audit, monitor and order compliance with the
laws and regulations on the rights of communication;
2. Address, investigate and resolve complaints or complaints
formulated by natural or legal persons, through their representatives, in matters of communication rights;
3. Require citizens, institutions and actors
related to communication, information about themselves that is necessary for the fulfillment of their attributions;
4. Apply the penalties set out in the framework of this
Law and regulation issued by the regulatory authority; and,
5. The other established in the law. Art. 57.-Administrative procedures.- The administrative procedures for citizens to submit complaints and requests concerning the exercise of their rights to the communication, as well as the procedures for which they may be protected rights or are required to be administered to the fulfillment of the obligations determined in this Law, will be established in the Regulation that will issue for such effects the Council of Regulation and Development of the Information and Communication. In addition to the administrative sanctions or measures set out in this Law, for each specific case, the Superintendence of Information and Communication will be able to carry out communications and written admonitions to the managed ones to call their attention on practices that need to be improved or corrected because they put or can put the exercise of rights to communication at risk. Art. 58.-Resolutions of the Superintendence.- The resolutions of the Superintendence of Information and Communication are binding and their content must be adhered to and complied with within the time limits laid down in the law or in those resolutions. In the event that the administra judicially contest the resolution of the Superintendence, such a resolution shall continue to apply until a competent judge suspends or revokes it definitively. Art. 59.-Expiration and prescription.- The actions to initiate the administrative procedure will expire in one hundred and eighty days from the date of the commission of the alleged infringement contemplated in this Law. The power to sanction violations will be prescribed in three years from the beginning of the procedure.
TITLE IV
Content Regulation
Art. 60.-Identification and classification of the types of content.- For the purposes of this Law, the contents of
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sound broadcasting, television, local channels of subscription audio and video systems, and print media, are identified and The following are classified as: 1. Informative-I; 2. Of opinion -O; 3. Training/education/cultural-F; 4. Entertainment -E; 5. Sports -D; and, 6. Advertising -P. The means of communication are obliged to classify all the contents of their publication or programming with legal and technical criteria and parameters. Public, private and community media must identify the type of content they transmit; and whether or not they are suitable for any public, in order for the audience to be able to decide informally on their programming. preference. They are exempt from the obligation to identify the advertising content, the radio means that insert advertising into the narrations of sports shows or similar ones that are carried out in live or deferred broadcasts. The non-compliance with the obligation to classify the contents, will be administratively sanctioned by the Superintendence of Information and Communication with a fine of 1 to 5 basic salaries for each occasion in which it is omitted to comply with this one. Art. 61.-discriminatory content.- For the purposes of this Law, discriminatory content shall mean any message that is disseminated by any means of social communication that connotes distinction, exclusion or restriction based on ethnicity, place of birth, age, gender, gender identity, cultural identity, marital status, language, religion, ideology, political affiliation, judicial past, socio-economic status, immigration status, sexual orientation, health status, port HIV, disability or physical difference and others with object or result to undermine or annul the recognition, enjoyment or exercise of human rights recognised in the Constitution and in international human rights instruments, or to encourage the conduct of discriminatory acts or to make the discrimination. Art. 62.-Prohibition.- dissemination through any means of social communication of discriminatory content that has as its object or result to undermine or to annul the recognition, enjoyment or exercise of the human rights recognized in the the Constitution and international instruments. It also prohibits the dissemination of messages through the media that constitute an apology for discrimination and incitement to the execution of violent practices or acts based on some kind of discriminatory message.
Art. 63.-Qualification criteria.- For the purposes of this law, in order for a content to be qualified as discriminatory, it is necessary for the Council for Regulation and Development of Information and Communication to establish, by means of a reasoned resolution, the concurrency of the following elements: 1. That the disseminated content denote some particular type
of distinction, exclusion or restriction; 2. That such distinction, exclusion or restriction is based
on one or more of the reasons established in Article 61 of this Law; and,
3. That such distinction, exclusion or restriction may have by
object or result to undermine or to annul the recognition or enjoyment of human rights guaranteed in the Constitution and in international instruments; or that the contents disseminated constitute an apology for discrimination or incite violent practices or acts based on some form of discrimination.
Art. 64.-Administrative measures.- The dissemination of discriminatory content will merit the following administrative measures: 1. Public Disguilt of the Director or Director of the
means of communication submitted in writing to the person or group affected with copy to the Superintendence of Information and Communication, which will be published on its website and on the first interface of the website of the media for a period not less than seven consecutive days;
2. Reading or transcription of the public apology in the
same space and media in which the discriminatory content was spread;
3. In case of recidivism a fine will be imposed
equivalent of 1 to 10% of the turnover averaged over the last three months presented in its declarations to the Service of Internal Revenue, considering the gravity of the infraction and the coverage of the media, without prejudice to compliance with the numerals 1 and 2 of this article; and,
4. In case of new reincidences, the fine will be double
of the charge on each previous occasion, without prejudice to compliance with the numbers 1 and 2 of this article.
The Superintendence will transmit to the Prosecutor's Office, for the investigation of an alleged offence, certified copies of the file which served as the basis for imposing the administrative measure on acts of discrimination. Art. 65.-Classification of hearings and slots.- Three types of hearings are established with their corresponding slots, both for the programming of the radio and television media, including the local channels of audio and video subscription systems, such as for commercial advertising and State messages: 1. Family: Includes all family members. The
family time slot comprises from 06h00 to
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18h00. Only "A" classification programming can be broadcast in this strip: Apta for all public;
2. Shared responsibility: They make up people from
12 to 18 years old, with adult supervision. The time slot for shared responsibility will take place in the hours from 18h00 to 22h00. In this strip, "A" and "B" classification programming may be broadcast: Apta for all public, with surveillance of an adult person; and,
3. Adults: Composed by people over 18 years old.
The time slot for adult people will run in the hours of 22h00 to 06h00. In this strip, programming classified with "A", "B" and "C" may be disseminated: Apta for adults only.
Depending on the provisions of this law, the Council for Regulation and Development of Information and Communication will establish the technical parameters for the definition of audiences, slots, programming classification and content rating. The adoption and implementation of these parameters will, in each case, be the responsibility of the media. Art. 66.-Violent Content.- For the purposes of this law, violent content shall be understood to denote the intentional use of physical or psychological force, of work or of word, against oneself, against any other person, group or community, as well as against living beings and nature. Such content may only be disseminated in the areas of shared responsibility and adults in accordance with this law. Failure to comply with this article will be administratively sanctioned by the Superintendence of Information and Communication with a fine of 1 to 5 basic salaries for each occasion in which it is omitted to comply with this obligation. Art. 67.-Prohibition.-The through the media of any message that constitutes direct incitement or encouragement expressed to the illegitimate use of violence, to the commission of any illegal act, the trafficking of persons, the exploitation, sexual abuse, apology for war and national, racial or religious hatred. The sale and distribution of audiovisual or printed pornographic material to children under 18 years of age is prohibited. Failure to comply with this article will be administratively sanctioned by the Superintendence of Information and Communication with a fine of 1 to 5 basic salaries for each occasion in which it is omitted to comply with this obligation, without the harm that the author of these conducts is judicially responsible for the commission of crimes and/or for the damages caused and for its integral repair. Art. 68.-Sexually Explicit Content.- All sexually explicit content messages broadcast through audiovisual media, which are not educational purposes, must necessarily be transmitted in adult hours.
educational content with sexually explicit images will be disseminated in the slots of shared responsibility and fit for all public, taking into account that this material is duly contextualized for the audiences of these two slots. Failure to comply with this article will be administratively sanctioned by the Council for the Regulation and Development of Information and Communication with a fine of 1 to 5 basic salaries for each occasion in which it is omitted to comply with this article. obligation. Art. 69.-Suspension of advertising.- As necessary, and without prejudice to the implementation of the administrative measures or sanctions provided for in this Law, the Superintendence of Information and Communication may provide, by resolution grounded, the immediate suspension of the dissemination of misleading advertising.
TITLE V Social Media
Art. 70.-Media types.- Social media are of three types: 1. Public; 2. Private; and, 3. Community. Art. 71.-Common responsibilities.- Information is a constitutional right and a public good; and the social communication that is carried out through the media is a public service that must be provided with responsibility and quality, respecting the rights of communication established in the Constitution, international instruments and contributing to the good lives of people. All media have the following common responsibilities in the development of their management: 1. Respect human rights and promote their full
applicability; 2. Develop the critical sense of citizens and
promote your participation in matters of general interest;
3. Abide by and promote obedience to the Constitution, to the
laws, and to the legitimate decisions of public authorities;
4. Promote meeting and dialogue spaces for the
resolution of conflicts of collective interest; 5. Contribute to the maintenance of peace and security; 6. Service of channel to report abuse or illegitimate use
State or private individuals make public and private powers;
7. Prevent the spread of misleading advertising,
discriminatory, sexist, racist or that is against the human rights of individuals;
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8. Promote intercultural dialogue and the notions of
unity and equality in diversity and intercultural relations;
9. Promote political, economic and cultural integration
of citizens, peoples and human collectives; and, 10. Propender the educommunication. Art. 72.-Access to the media of candidates and candidates for positions of popular choice.- During the election campaign, the media will propose to the candidates and candidates of all movements and parties They participate in equal conditions in the debates, interviews, and opinion programs that they carry out in order to give the citizenry the political profiles, programs and proposals to reach the positions of popular choice. The National Electoral Council will encourage the media to take all necessary measures for this purpose. Art. 73.-The Ombudsman of the hearings.- The national means of communication will necessarily have a defender of their audiences and readers, appointed by public contest organized by the Council of Citizen Participation and Social control by the middle, who will fulfill their functions independently and independently. They will also have mechanisms of interactivity with their audiences and readers, and spaces for the publication of errors and corrections. Art. 74.-Obligations of the audiovisual media.- The audiovisual media of open signal shall have the obligation to provide free of charge the following social services of general interest information: 1. national or local, in all or in
various means of social communication, messages of general interest that the President of the Republic and/or the entity of the Executive Function receives this competence. The holders of the other functions of the State shall coordinate with this entity of the Executive Function to make use of this space intended to make the chains established in this numeral.
These spaces will be used in a coordinated manner. only and exclusively to inform the subjects of their competence when necessary for the public interest. The public servants listed in the preceding paragraph shall be liable for the improper use of this power;
2. Transmit on national or local chain, for the cases of
state of exception provided for in the Constitution of the Republic, the messages provided by the President of the Republic or the authorities designated for that purpose; and,
3. Spend a daily, non-cumulative hour for programs
tele-education, culture, health and rights officers elaborated by Ministries or Secretariats with competence in these matters.
Art. 75.-Obligations of audio and video systems by subscription.- The subscription audio and video systems will suspend their programming to be linked free of charge at national or local level, to transmit the messages that have the or the President of the Republic or the authorities designated for that purpose, in the cases of state of emergency provided for in the Constitution. Art. 76.-Signal transmission opened by subscription audio and video systems.- Subscription audio and video systems have the obligation to transmit on their system the national, zonal and local open television channels that are The Council of Ministers has previously qualified the Council for the Regulation and the Development of Information and Communication for this purpose, considering the quality of its contents and programming, provided that they satisfy the technical conditions established by the telecommunications. The transmission of open television by subscription audio and video systems within the national territory shall be exempt from payment of retransmission rights to the television station or to the system operator and shall not be charged to subscribers or subscribers of these systems. In the transmission of the open television signals by subscription audio and video systems, the original programming shall be respected and shall not be altered or included advertising that does not have the authorization of the owner of the programming. Art. 77.-Suspension of Freedom of Information.- The President of the Republic, in use of his constitutional powers, may have the suspension of the right to freedom of information, for which he must comply with the following conditions: 1. That the state of exception has been declared
previously; 2. That the application of the principles be verified,
conditions and scope to be satisfied by the declaratory of the state of exception, according to Art. 164 of the Constitution;
3. Verify the proper compliance of the
procedure established in Art. 166 of the Constitution to declare the state of exception; and,
4. That the need and the purpose of having the suspension of the right to freedom of information and prior censorship to the media, establishing the law State of Law, is based in writing and from the parameters
scope of these measures and the time frame that will last.
The declaration of a state of emergency can only suspend the right to freedom of information and establish prior censorship of the media, and cannot be established restrictions of any kind to the other rights of communication established in this Law and in the Constitution. State officials shall be responsible for administrative, civil and criminal matters for the affections to the rights of the communication which are not expressly authorized under the state of emergency.
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SECTION I Public Communication Media
Art. 78.-Definition.- The public social media are legal persons governed by public law. They will be created by decree, ordinance or resolution as appropriate to the nature of the public entity that creates them. Public media can also be established as public companies within the meaning of the Organic Law of Public Enterprises. The structure, composition and powers of the management, administrative, social control and participation bodies of the public media shall be established in the legal instrument of their establishment. However, the structure of the public media will always have an editorial board and a citizen council, except for the case of official public media. Its editorial autonomy will be guaranteed. Art. 79.-Public communication companies.- If two or more public media are grouped for strategic reasons, cost optimization or to facilitate their management, they will be constituted in a public communication company within the meaning of the in the Organic Law of Public Enterprises. In such cases, each public communication medium must necessarily have an editorial board. Art. 80.-Objectives.- The public social media will have the following objectives: 1. Produce and disseminate content that promotes the
recognition of human rights, of all the priority and priority attention groups nature;
2. To offer information services of public relevance
truthful, verified, timely and contextualized, with respect to the principles of professional independence and pluralism;
3. Facilitate democratic debate and free expression of
opinions; 4. To promote gender equality and interculturality; 5. To promote the exchange of information and the
mutual understanding between the peoples of Latin America and the world;
6. Promote the production and dissemination of content
national audiovisual works; 7. Find and implement cooperation and liaison mechanisms
with public resources at national and international level; 8. Implement spaces for the promotion of
productive activities of the country; and, 9. Offer educational, cultural, recreation
and entertainment contentand entertainment that contribute to good living.
Art. 81.-Financing.- The public media, with the exception of the official public media, will be financed with resources from the respective institution. Subsidiary will be financed as follows: 1. Revenue from the sale of advertising; 2. Revenue from the marketing of its
communication products; and, 3. With funds from donations, sponsorships
and national and international cooperation. Art. 82.-Citizens ' Councils.- The public councils of the public media will be obliged to comply with the rules laid down in the Law on Social Participation and Control. Members of these councils will not be remunerated. Art. 83.- Official public media.- The functions of the State and the decentralized autonomous governments are empowered to create public media of official character, which they have as objective to disseminate the official position of the public entity that creates them in relation to the matters of their competence and the general interest of the citizenry, fulfilling the responsibilities common to all the established means of communication In Art. 71 of this Law. The official media will be funded exclusively from the budget of the decentralized autonomous government or function that creates them and revenues from the sale of advertising to public sector institutions.
SECTION II Media Private communication
Art. 84.-Definition.- The private media are natural persons or legal entities of private law with or without purpose of profit, the object of which is the provision of public services of communication with social responsibility.
SECTION III Community Media
Art. 85.-Definition.- The community media are those whose property, administration and direction correspond to collective or non-profit social organizations, communes, communities, peoples and nationalities. Community media are not for profit and their profitability is social. Art. 86.-affirmative action.- The State will implement the public policies that are necessary for the creation and strengthening of the community media as a mechanism to promote plurality, diversity, interculturality and plurinationality; such as: preferential credit for the conformation of community media and the purchase of equipment; exemptions from
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taxes for the import of equipment for the operation of printed media, radio stations and community television; access to training for the communicative, administrative and technical management of the community media. The formulation of these measures of affirmative action in public policies are the responsibility of the Council for Regulation and Development of Information and Communication and its implementation will be carried out by public entities that have powers specific case in each case. The Council for the Regulation and the Development of Information and Communication shall draw up an annual report on public policy measures adopted by the State for the purposes of shaping or consolidating the Community's resources. compulsorily published on their website. Art. 87.-Financing.- The funds for the operation of the Community media will come from the sale of services and communication products, advertising sales, donations, national and international cooperation funds, sponsorship and any other licit form of income.
The profits that the Community media will obtain in its management will be reinvested with priority in the improvement of the medium itself, and later in the social projects of the communities and organizations to which they belong. Through the preferential contracting mechanisms in favor of the solidarity economy, provided for in the Law on Public Procurement, the state entities at their various levels will hire in the community media advertising, design and others, which involve the dissemination of educational and cultural content. Public entities will be able to generate funds for cultural and educational dissemination through community media.
SECTION IV Social media transparency
Art. 88.-Public register.- The social media shall be registered in a register by the Council for the Regulation and Development of Information and Communication. determine in the regulation. This register does not constitute an authorisation for the operation of the media. The means of communication which do not comply with the registration obligation shall not be allowed to advertise any State entity. Art. 89.-Update.- The media shall notify the Council of Regulation and Development of Information and Communication of any change in the information recorded. Art. 90.-Dissemination of Tage.- The printed social media will have an obligation to include, in each publication they edit, a space in which
the total number of copies put into circulation, as a measure of transparency and access to information. The Superintendence of Information and Communication may at any time audit the use of printed social media and check the veracity of the published circulation figures, in order to protect the rights of the public. the readers of the media, its competitors and the companies, entities and persons who are advertising or advertising on them.
In case of false or inaccuracy in the figures of circulation of copies of one or more editions printed, the Superintendence of Information and the Communication will order that the media publish in the the first interface of your website and on the front page of your paper editions, for the term of one to seven consecutive days, the recognition that the figures of your tirage do not correspond to the reality, as well as the corresponding public apology addressed to companies, entities and persons who have been advertising or propaganda in this medium. Those who are affected by the untruth in the figures for circulation of copies by a means may exercise the appropriate legal action. Art. 91.-Media file.- All programming and advertising of the broadcast and television broadcasting media shall be recorded and shall be kept for up to 80 days from the date of their broadcast.
Advertising SECTION V
Art. 92.-Actors of advertising.- The commercial interrelation between advertisers, advertising agencies, social media and other actors of advertising management will be regulated through the regulation of this law, with the object of establish parameters of equity, respect and social responsibility, as well as to avoid forms of monopolistic or oligopolistic control of the advertising market. Advertising creativity will be recognized and protected with copyright and other rules provided for in the Law on Intellectual Property. The advertising management actors responsible for the creation, realization and dissemination of the advertising products will receive in all cases the corresponding intellectual and economic recognition for the copyright on these products. Art. 93.-Extension of advertising.- The extension of advertising in the media will be determined by the Council for Regulation and Development of Information and Communication, based on technical parameters and standards. In the context of the fair balance between content and commercial advertising. Art. 94. Protection of rights in advertising and propaganda.- Advertising and propaganda shall respect the rights guaranteed by the Constitution and international treaties.
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Misleading advertising as well as all types of advertising or propaganda of child pornography, of beverages alcohol, cigarettes and narcotic and psychotropic substances. The media will not be able to advertise products whose regular or recurring use will affect the health of the people, the Ministry of Public Health will prepare the list of these products. The advertising of products for food and health must have prior authorization from the Ministry of Health. The advertising that will be cured in the children's programs will be duly qualified by the Council of Regulation and Development of Information and Communication through the respective regulation. The Superintendent of Information and Communication shall have the suspension of the advertising which circulates through the media when it violates the prohibitions established in this article or leads to violence, discrimination, racism, drug addiction, sexism, religious or political intolerance and all those that are against the rights recognized in the Constitution. This measure may be revoked by the same Superintendent or by a competent judge, under the conditions laid down by the law. Art. 95.-Public investment in advertising and propaganda.- Public sector entities that engage in advertising and propaganda services in the social media will be guided according to criteria of equal opportunities with attention the object of the communication, the target audience, the territorial jurisdiction of the entity and the levels of audience and attunement. It will be ensured that the means of less coverage or dumping, as well as those domiciled in rural sectors, participate in advertising and state propaganda. Public sector entities shall annually draw up a report on the distribution of the advertising expenditure contracted in each media. This report will be published on the website of each institution. Failure to comply with this obligation on the part of the holder of each public institution will be sanctioned by the Superintendence of Information and Communication with a fine equivalent to 35% of the total monthly remuneration of this official, without prejudice to the publication of the report within 30 days. Failure to publish the report within thirty days, as indicated in the preceding paragraph, shall be the cause of dismissal of the holder of the institution. Art. 96.-Investment in private advertising.- At least 10% of the annual budget allocated by private advertisers for advertising of products, services or goods that are offered at national level in the media will be invested in media of local or regional coverage. It will be ensured that the means of less coverage or dumping, as well as those domiciled in rural sectors, participate in advertising.
The Council for Regulation and Development of Information and Communication will establish in the Regulation conditions for the equitable distribution of 10% of advertisers ' budget among local media.
SECTION VI National Production
Art. 97.-Space for the national audiovisual production.- The audiovisual media, whose signal is of national origin, will be used progressively, at least 60% of its daily schedule on the schedule suitable for all public, to the dissemination of national production content. This content of national origin must include at least 10% of independent national production, calculated on the basis of the average daily programming of the medium. The dissemination of national production content which cannot be transmitted on schedule suitable for any public will be imputable to the screen share to be fulfilled by the audiovisual media. For the calculation of the percentage destined for the independent national and national production, the time spent on advertising or teleshopping services shall be excepted. The share of the screen for the independent national production will be met by works of producers accredited by the authority responsible for the promotion of the cinema and the national audiovisual production. Art. 98.-Production of national advertising.- The advertising that is broadcast on Ecuadorian territory through the media must be produced by Ecuadorian natural or legal persons, whose ownership of the majority of the package It corresponds to Ecuadorian or foreign persons legally established in Ecuador, whose payroll for their production and production is constituted by at least 80% of persons of Ecuadorian nationality or foreign nationals legally established in the country country. This percentage of payroll will include the hiring of professional services. The import of advertising pieces produced outside the country by foreign companies is prohibited.
For the purposes of this law, advertising production is meant for commercial television and film, radio cots, photographs for static advertising, or any other audiovisual piece used for advertising purposes. Advertising which does not comply with these provisions may not be disseminated, and the natural or legal person who orders the charge shall be punished with a fine equivalent to 50% of what he has collected for the purpose of such advertising. In the case of static advertising, the company that disseminates the advertising will be fined. Apart from the provisions of this article, the advertising of international campaigns aimed at promoting the respect and exercise of human rights, peace, solidarity and integral human development is excepted.
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Art. 99.-Concentration of the space for national production.- A single producer will not be able to concentrate more than 25% of the hourly share or the share of acquisitions of the same television channel. Art. 100.-National production.- An audiovisual work will be considered national when at least 80% of people of Ecuadorian nationality or foreign nationals legally resident in the country have participated in its elaboration. Art. 101.-Independent national producers.- Independent national producer is a natural or legal person who has no employment relationship, kinship link up to the fourth degree of consanguinity and second degree of affinity, no linkage the dominant company or commercial company with the audiovisual media to which the rights to broadcast its work are licensed. It is understood that there is a dominant corporate or commercial relationship when:
1. The independent national producer and the media of
audiovisual communication belong to the same economic group;
2. The same person holds more than 6% of the
social capital of the audiovisual media and the production company.
There will be a link between the independent national producer and the owners, legal representatives, shareholders or majority members of the audiovisual media, where there is a parentage of up to the fourth degree of consanguinity or second degree of affinity. Companies producing, foreign-funded or relying on a foreign company in the light of their executive bodies, their share capital or their business strategy shall not be considered as independent national producers. Art. 102.-Promotion of national production and independent national production.- Open television and subscription audio and video systems within its programming grid one or more channels whose signal is emitted from the Ecuadorian territory, shall acquire the rights annually and exhibit at least two independent national production films. When the resident population or the number of subscribers in the coverage area of the media is greater than five hundred thousand inhabitants, the two feature films will be shown in television premiere and their broadcasting rights must be acquired with prior to the initiation of the service. For the acquisition of television broadcasting rights for independent national production, the open television media and subscription audio and video systems shall be of value not less than 2% of the amounts invoiced and received by the means or system and which they had declared in the fiscal year of the previous year. Where the population resident in the area of coverage of the media is greater than 500 000 inhabitants, the value to be used by the means of communication shall not be less than 5% of the amounts invoiced and collected by the means or system.
For the case of subscription audio and video systems, the calculation for the determination of the amounts intended for the acquisition of the broadcasting rights will be made on the basis of the revenue received by the marketing of advertising spaces made by means of the channels whose signal is emitted from the territory Ecuador. In the case of public media, this percentage shall be calculated in relation to its budget. When the volume of the independent national production does not cover the quota provided for in this article, the Ibero-American productions will supply it, in consideration of the principles of reciprocity with the countries of origin of the same. For television channels which are not considered in accordance with this law as national means of social communication, independent national production includes the provision of all audiovisual production services. Art. 103.-Dissemination of the musical contents.- In the cases of radio broadcasting stations that broadcast musical programs, the music produced, composed or executed in Ecuador must represent at least 50% of the musical contents issued in all their schedules, with the payment of copyright as set out in the law. They are exempt from the obligation regarding 50% of the musical contents, the thematic or specialized stations.
SECTION VII Public shows
Art. 104.-Protection of girls, boys and adolescents.- The National Council of Children and Adolescence will issue the regulation for access to public shows that affect the best interests of girls, boys and adolescents, in accordance with the Article 13 number 4 of the American Convention on Human Rights and the Convention on the Rights of the Child. The regulation referred to in the preceding paragraph shall be of compulsory use by local and national authorities having jurisdiction, in their respective jurisdiction, to authorize the conduct of public spectacles.
TITLE VI Of The Spectrum radio
Art. 105.-Radio Spectrum Administration.- The radio spectrum is a public domain of the State, inalienable, imprescriptible and inembargable. The administration for the technical use and use of this strategic public resource shall be exercised by the central state through the telecommunications authority. In no case, the administration of radio spectrum implies carrying out control activities on the contents of the media.
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Art. 106.-Fair distribution of frequencies.- Radio spectrum frequencies for the operation of radio stations and open signal television shall be distributed equally in three parts, reserving 33% of these frequencies. frequencies for the operation of public media, 33% for the operation of private media, and 34% for the operation of community media.
This distribution will be achieved progressively and mainly by: 1. The allocation of frequencies still available; 2. The reversal of illegally obtained frequencies, and their
subsequent redistribution; 3. The reversal of frequencies for non-compliance of the
technical norms, legal for their operation or purposes for which they were granted, and their subsequent redistribution;
4. The distribution of frequencies returning to the State
as provided by law; and, 5. The equitable distribution of frequencies and signals that
will allow for the digitisation of radio and television transmission systems.
In all these cases, the frequency distribution will prioritize the community sector until the equitable distribution of this article. Art. 107.-Recognition by investment and accumulated experience.- The legal or natural persons concessionaire of radio and television frequencies, whose time limit expired, may be able to obtain or renew their own frequency or other different from the distribution made by the telecommunications authority for private and community media. These individuals will be recognized for an additional score equal to 20% of the total score established in the corresponding contest as recognition of the experience and investment accumulated in the management of a media. Art. 108.-Modes for the award of concessions.- The award of concessions or authorisations of radio spectrum frequencies for the operation of the media is the exclusive power of the authority of the telecommunications and will be done under the following modalities: 1. Direct award of frequency authorization
for public media. 2. Public, open and transparent competition for the
allocation of frequencies for private and community media.
Art. 109.-Direct award.- The direct award of radio spectrum frequency authorization for the operation of public social media shall be carried out prior to the fulfilment of the requirements established by the telecommunications authority by the relevant
regulation which, without prejudice to other requirements, will necessarily include the presentation of the strategic planning of the media. In the event that two or more public sector institutions apply for the same frequency authorisation, the award shall be defined by the binding report of the Council on Regulation and Development of the Communication in which, prior to the assessment The strategic planning of the respective media will define who should be granted the concession in accordance with social, territorial and institutional prioritization. Art. 110.-Award by contest for private and community media.- The allocation of radio spectrum frequencies for the operation of private and community radio and television stations of open signal carry out an open and transparent public tender in which all natural and legal persons who do not have legal disabilities or prohibitions may intervene. The requirements, assessment criteria and forms of public tender punctuation shall be defined by regulation by the telecommunications authority, taking into account the rules laid down in this Law and the Law of Telecommunications; without prejudice to which in all cases the applicant must present: 1. The communication project, with determination of the
name of media, type of medium, objectives, place of installation, coverage, proposal of programming and social impact it projects to generate;
2. The management and sustainability plan; and, 3. The technical study. The contest will be submitted to the Council for Regulation and Development of Information and Communication the files of up to the 5 best-rated applicants. The Council for Regulation and Development of Information and Communication will review the communication plan of each of them and on the basis of their evaluation will issue the binding report for the award of the concession, with which the Authority Telecommunications will carry out the administrative procedures for the corresponding award. Art. 111.-Inabilities to attend.- The participation in public competitions for the award of radio spectrum frequencies for the operation of private and community radio stations and open signal television is prohibited. natural or legal persons who are applicants who are in the following circumstances: 1. Those who have a relationship of kinship to the fourth
degree of consanguinity or second of affinity with any of the members of the Council for Regulation and Development of Information and Communication and with the authority of telecommunications;
2. Those who are associated with or have shares or
shares in excess of 6% of the share capital in a company in which any of
are also partners.20 -- Third Supplement -- Official Record No. 22 -- Tuesday, June 25, 2013
the members of the Communication and Communication Regulatory and Development Board or the telecommunications authority;
3. Those who personally are in arrears or are
prevented from contracting with public sector institutions, agencies and entities;
4. Those who have shares or units of an
company that is in arrears or is prevented from contracting with public sector institutions, agencies and entities;
5. Who personally or as shareholders of an
company have been a dealer of a radio or television frequency and have been reverted to the State for the violations determined in law; and,
6. The others who establish the law. Art. 112.-Termination of the frequency concession.- The granting of radio spectrum frequencies for the operation of radio stations and open-signal television shall end with the following causes: 1. By the expiration of the the concession; 2. At the request of the concessionaire; 3. For the extinction of the legal person; 4. For loss of the civil capacity of the concessionaire or
dissolution of the concessionary company; 5. For proven non-compliance with the provisions
that prevent the concentration of frequencies and media;
6. By finding out in a way that has been proven in some
inability or prohibition to participate in the radio spectrum frequency allocation processes for the operation of radio stations and open signal television, that was not detected in a timely manner;
7. To be found in a proven way in the
provision prohibiting the transfer, lease or disposal of the concession;
8. For technical defaults or non-payment of the
concession obligations; 9. For non-compliance with the objectives set out in the
communication project; and, 10. For the other causes established in the law. The telecommunications authority, prior to due process, will resolve the termination of radio spectrum frequency granting for the operation of radio and television stations. In the case of the numeral 9 of this article, it will be necessary to have a report of the Council of Regulation and Development of Information and Communication for such purposes.
Art. 113.-Prohibition of concentration.- It is prohibited for natural or legal persons to concentrate or accumulate the concessions of frequencies or signals for the operation of radio and television arrays. The telecommunications authority may not award more than one frequency concession for a radio array on AM, a frequency for radio array on FM and a frequency for television array to the same natural or legal person throughout the national territory. Whoever holds a radio concession, whether on AM or FM, can participate in public contests for the award of no more than a short-wave frequency. In the same province, a frequency may not be granted for the operation of a radio or television matrix to direct family members of a concessionaire with whom they have kinship until the second degree of consanguinity and second degree of affinity. Art. 114.-Concessions for private and community media repeaters.- To encourage the formation and permanence of national or regional private and television radio and television systems, natural or legal persons to whom awarded a concession for the operation of a radio or television matrix station may participate in public competitions organised by the telecommunications authority, and obtain frequencies intended to operate exclusively as repeaters of its parent station in other provinces. In order to encourage the development of local media and content, whenever a radio or television frequency is awarded, requests for the operation of parent stations will be given priority, which will receive a an additional score equivalent to 20% of the total contest score in relation to requests for the operation of repeating stations. Art. 115.-Authorisations for national public media repeaters.- The telecommunications authority shall reserve the third of frequencies allocated to the public media the necessary number of frequencies for the repeater of the public means of national scope. Art. 116.-Term of concession.- The concession for the use of radio and television frequencies shall be made for the period of 15 years and shall be renewable for the same concessionaire for once by direct grant, owing to the subsequent renewals to win the competition organised by the telecommunications authority. Art. 117.-Intransferability of the concessions.- The concessions of frequencies that are awarded to any natural or legal person for the functioning of the media are not part of their patrimony, and therefore it is prohibited any act which is intended to enable another natural or legal person to enjoy or benefit from the use of those frequency concessions. If any natural or legal person, using any legal format, intends to sell, resell, move,
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transferring or renting the frequency concessions granted in their favor by the State, such transactions shall be null and void. They do not generate any rights for those who supposedly acquire them; on the contrary, this will be sufficient cause for the concessions to be immediately revoked and the concessionary frequencies to be returned to the State administration. The owners of the shares of the concessionary legal person may not transfer or transfer their shares without the prior written authorization of the telecommunications authority. The recipient of the concession must also pay a fine to the State equivalent to 50% of all that it would have obtained or agreed to obtain for the alleged sale, transfer or rental of the concessionary frequency, without prejudice to civil and The Court of the Court of the European Court of the European Court of Art. 118.-Concessions to the community sector.- Since the frequency concessions for the operation of community radio and television stations are granted to organizations with legal and non-profit status, whose directories It is established that such a change does not affect the right of concession which the organisation has acquired in winning the corresponding public tender, nor can it be interpreted as a transfer of the grant of one to another person. Art. 119.-Programming links.- In order to ensure intercultural communication and national integration, the media may constitute, without the need for authorization, any permanent or permanent networks that freely share the same programming for up to two hours a day.
TRANSIENT provisions FIRST.- The institutions and authorities that must appoint members to the Council for Regulation and Development of Information and Communication will comply with this an obligation within a period not longer than 30 days, counted from the publication of This Law is in the Official Register. SECOND.- Private contracts related to the use and use of radio and television radio spectrum frequencies, which were legitimately concluded in accordance with the legal and constitutional rules prior to the publication of this Law in the Official Register, will be respected until the termination of the contract of concession. THIRD.- The persons who consist of the frequencies of the radio and television broadcasting service, within thirty days of the publication of this Law in the Official Register, shall submit to the Telecommunications Authority a sworn statement stating that the natural or legal person concessionaire is the one who uses the concession and/or operates the authorized station for at least the last two years.
Failure to comply with this provision will result in the beginning of the process of reversion of the frequency concession by the Telecommunications Authority. The sworn statements shall be submitted by the Telecommunications Authority to the Council for Regulation and Development of Information and Communication as soon as it is operational. FOURTH.- The registration of the social media before the Council for the Regulation and Development of Information and Communication must be met within a period of not more than one hundred and eighty days from its formation. QUINTA.- The Ministry of Finance, within a period of no more than 90 days since the publication of this Law in the Official Register, will provide the resources of the General Budget of the State for the Council of Regulation and Development of the Information and Communication can work; and it will transfer these resources once the members of the Council for Regulation and Communication Development are sworn in. SIXTH.- The audiovisual media shall progressively achieve the obligations established for national production and independent national production within three years of the entry into force of this Regulation. law, starting at 20% in the first year, 40% in the second and 60% in the third. The same graduality shall apply for the dissemination of musical content as provided for in Article 102, within three years of the entry into force of this Law, starting at 20% in the first year, 35% in the second year, 50% in the third year. SEVENTH.- The media of communes, communities, peoples, nationalities and social organizations that have adopted the legal figure of companies or corporations of private law to obtain radio and television frequencies will be able to convert in the Community media within a period of up to 180 days, after a corresponding regulation by the Council for the Regulation and Development of Information and Communication. The Council for Regulation and Development of Information and Communication has a period of no more than 60 days from its conformation to issue the corresponding regulation. EIGHTH.- Within the period of up to 180 days, counted from the publication of this law in the Official Register, natural persons who are concessionaires of a radio frequency or open signal television may be constituted in a a commercial company or a non-profit legal person, which, after authorisation from the competent authority, shall become the holder of such a frequency concession, in the terms and time limits provided for in the original concession contract; name of the natural person; for such purposes the telecommunications authority shall draw up the respective regulations. NINTH.- The administrative procedures and processes that are in the knowledge of CONATEL and the Superintendence of Telecommunications that they have
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relationship to the competencies of the Council for Regulation and Development of Information and Communication, or the Superintendence of Information and The Communication, established in this law, will be substantiated and resolved by CONATEL and the Superintendency of Telecommunications until the formation of these entities. Once the entities provided for in this law are satisfied, they will be sent all the administrative procedures and procedures that will be of their competence. DECIMAL.- In accordance with the report presented on 18 May 2009 by the Commission for the Audit of the Concessions of Radio and Television frequencies, created by constitutional provision the radio and television frequencies that they have not been granted by competent authority; those which have not initiated the operation within the time limit specified in the concession contract; those who have not paid the concession use fees for six consecutive months; those which have been leased for more than two years or transferred in any form the use of the frequency to third parties; and they have converted repeating stations into matrices or vice versa, they will be reverted to the State by the telecommunications authority, applying the due process established in the regulation that for these effects dictate the authority of Telecommunications. ELEVENTH.- For the purpose of progressively advancing the redistribution of radio frequencies and open signal television, radio and television stations, whose frequency concession is extinguished within a period of one year from the publication of the Organic Law of Communication in the Official Register will be extended until the date on which the Council for Regulation and Development of Information and Communication establishes the procedure for opting for a new concession. Such extension may not be longer than one year since the publication of this Law in the Official Register. TWELFTH.- Open radio and television concessions granted to legal persons governed by public law for the operation of radio and television stations will continue to operate until the deadline set in the respective concession contract. In the future they will be subject to the established rules for the conformation of public media established in this Law. TENTH THIRD.- The advertising that until the date this Law is published in the Official Register has been produced and disseminated in the media in Ecuadorian territory, which does not comply with the rules for the production of advertising This law may be used for a period of up to one year. Once the Organic Law of Communication has been enacted, the deadline of 30 days is set for producers and the media to comply with the established norms for the production and dissemination of advertising in the Ecuadorian territory. TENTH FOURTH.- In the event of the death of a natural person concessionaire of an open-signal radio or television frequency, he or the spouse and his/her heirs will continue to make use of the concession rights until the end of the period of the same. If these people want to participate in the contest to renew the concession
they will be a legal person, within a period of up to 180 days, and receive the benefit of 20% of the total score referred to by the Art. 105 of this Law. TENTH FIFTH.- The means of communication shall include in their programming or editions, contained in the languages of intercultural relation, a percentage of at least 5% of their programming within one year, counted from the publication of this Law in the Official Register. TENTH SIXTH.- Those who are working in social media or public entities have a period of 6 years to comply with the obligations laid down in the second paragraph of Art. 42 of this Law. The means of communication and the public entities shall grant the time and any other facilities required for this purpose. TENTH SEVENTH.- The concessions given to religious organizations, which are public or private, can be transformed into community, non-profit concessions. Within these organizations, the legal persons who are the concessionaires of more than one matrix, from the date on which this law is published in the Official Register and until the contracts of concession signed before the the entry into force of this law, may request the Council for Regulation and Development of Information and Communication, which, the frequencies corresponding to the matrices, are assigned to entities that have or obtain legal status, and belong to the same religious family that was operating them, provided these frequencies are For the purpose of the religious organisation, the functioning of local or provincial media. TENTH EIGHTH.- For the purpose of channeling the prohibition set forth in the final paragraph of Art. 6 of this Law, the national media belonging to foreign organizations or companies; having shareholders, or partners foreigners; and, those foreign legal persons who have been domiciled in Ecuador to manage social media of a national character; they will apply, depending on their situation, the following procedure: 1. The shareholders, partners or foreign owners of the
national social media, whether natural or legal persons who do not legally reside in the Ecuadorian territory, will have to complete the entire their shares, shares or equivalents, to natural or legal persons legally residing in Ecuador.
2. Foreign companies that are only
located in Ecuador and whose position is the management of a national social media, will have to transfer the assets of the media to persons natural or foreign natural persons or natural persons residing legally in the country, with the corresponding authorization of the telecommunications authority
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when it comes to audiovisual media that is a dealer for one or more radio or television frequencies.
The time limit for adjusting to this rule is two years from the publication of this law in the Official Register. In case of failure to comply with this transitional provision, the competent authority shall apply the following measures, as the case may be: Ecuadorian companies shall find themselves in the cause of full dissolution and follow the procedure established in Article 367 et seq. of the Companies Act. The Ecuadorian State will proceed to cancel the operating permit granted to the foreign company following the procedure provided for in Articles 406 to 410 of the Companies Law. TENTH NINTH.- The companies that are responsible for the management of social media in which the State, through the institutions defined in Article 225 of the Constitution of the Republic, is a majority shareholder, shall adopt within a period not greater than 180 days from the publication of this law in the Official Register, any of the legal figures established in this Law for the formation of public media or companies public communication. Shareholders or private minority shareholders of companies holding the media shall be required to make compulsory their share of the share capital in favour of the shareholders or state partners who hold the majority of the package. shares or shareholdings. If such sale is not made by the parties ' will within the time limit set out in the preceding paragraph, the ownership of the shares or units in question shall pass to a trust established by the Superintendency of Companies and administered by the by the National Financial Corporation, after the seizure of the control body. Within an additional period of up to 120 days, a expert appointed by the Superintendency of Companies will fix the fair price of the shares or shares transferred to the trust, which must be cancelled by the trust majority shareholders. Upon completion of the above, the trust will transfer ownership of the shares or stakes to the majority state shareholders and will deliver to the former minority private shareholders the funds received for their fair price. The companies whose stock package has been seized by the Ecuadorian State after 2007 and are in the process of being sold are exempt from this provision. 20TH.- The number of new radio and television frequencies and signals to be obtained from the transition from analog to digital technology will be administered by the State.
21ST.- All concessions Frequencies that have been illegally obtained will revert to the administration of the telecommunications authority once it has performed due process. In all cases in which the illegality of a concession is declared judicially, the State, through the State Attorney General, will compulsorily claim the full reparation of the damages caused and the return to the State of all the economic benefits generated by the usufruct of an illegally obtained concession. Failure to comply with this obligation will be a cause of impeachment by the State Attorney General. Third parties affected by the illegal transactions carried out with frequencies for the operation of radio and television stations will be able to claim for the court of those who harmed them. TWENTIETH SECOND.- All persons who received frequencies illegally until the entry into force of this law will be able to return them voluntarily to the State within six months. In such cases, the State shall refrain from claiming any compensation or repayment of the profits made by the dealers. This exemption does not affect the right of third parties to make the judicial claims they deem appropriate. TWENTIETH THIRD.- Until the date on which the National Equality Councils are formed, he or the President of the National Council of Children and Adolescence will act temporarily in the Council for Regulation and Development of Information and Communication. Once the National Equality Councils are established, their representatives will elect their representative to the Council for Regulation and Development of Information and Communication within a period of no more than 30 days. TWENTIETH FOURTH.- The privileges and functions established in the Law on Broadcasting and Television for CONARTEL that have not been expressly attributed by this law to the Council for the Regulation and Development of Information and Communication or to The Superintendence of Information and Communication, will be assumed and exercised, in the terms established in Executive Decree No. 8, of August 13, 2009, by CONATEL until the issuance of a new Law of Telecommunications or a reform of this legal body, by means of which it is permanently legislated on the administration State of radio spectrum frequencies for radio, television and audio and video for subscription services.
REFORMATTER PROVISIONS FIRST.- The expression: "offences and", of Art. 4 of the Broadcasting and Television Law. SECOND.- The expression "its transfer to other dealers, the leasing of the stations and the cancellation of the concessions" of the literal d) of the fifth article is deleted, added following Art. 5 of the Law of Broadcasting and Television.
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THIRD.- The expression "Manage and", from literal a) of the sixth numbered item, added following Article 5 of the Broadcasting and Television Law. FOURTH.- It is added "and economic" at the end of Art. 37 of the Law of Broadcasting and Television. QUINTA.- It is added "and administrative" of the literal d) of the innumbered Art. added following Art. 5 of the Law of Broadcasting and Television. SIXTH.- The first paragraph of Article 3 of the Law on Broadcasting and Television is replaced by the following: " Art. 3.-Subject to this Law, natural persons concessionary of channels or frequencies of broadcasting and television, must be Ecuadorian or foreign residents legally resident in Ecuador. Legal persons must be equatorial. "
REPEAL provisions FIRST.- Repeal the following provisions of the Broadcasting and Television Act: Article 5; First, second, third and fourth innumbered, added below Article 5; (f), (g), (h) and (i) of the fifth numbered Article, added after Article 5; (b) and (c) of the sixth article numbered, added after Article 5; Articles 6, 7, 8, 9, 10 and the first Article Article 10; the last paragraph of Article 14; Articles 15, 16, 17, 18, 19, 20, 21, 22, 24; Second paragraph of Art. 27; Articles 35, 39, 40, 41, 43, 43-A, 44, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55; The last three paragraphs of the numbered article, added following Article 55; Articles 56, 57, 58, 59, 60, 61, 62, 63, 64, 65 and 66; Literal (a), (b), (c), (f), (g), (h) and (j) and the penultimate and last paragraphs of Art. 67; and Articles 68 and 69.
SECOND.- Defeat the Sixth Transitional Provision of the Law on Intellectual Property, Article 16 and 31 of the Law of Professional Defense of Artists, and all provisions of equal or lesser hierarchy who believe pre-assignments in favor of the General Society of Authors and Composers -SAYCE- and the National Federation of Professional Artists of Ecuador -FENARPE-.
FINAL DISPOSITION This law will enter into force from its publication in the Official Register. Given and signed at the headquarters of the National Assembly, located in the Metropolitan District of Quito, Pichincha province, on the fourteen days of June of two thousand thirteen. f.) GABRIELA RIVADENEIRA BURBANO, President. f.) DRA. LIBYA RIVAS O., General Secretariat. NATIONAL PALACE, IN SAN FRANCISCO DE QUITO, METROPOLITAN DISTRICT, TO TWENTY-ONE IN JUNE OF TWO THOUSAND THIRTEEN.
SANCTION AND ENACT. f.) Rafael Correa Delgado, CONSTITUTIONAL PRESIDENT OF THE REPUBLIC. It is a faithful copy of the original.-LO CERTIFICÓ.-Quito, June 24, 2013. f.) Dr. Alexis Mera Giler, LEGAL SECRETARY.
The OFFICIAL RECORD is not responsible for spelling, grammatical, background, and/or error errors that contain the published documents, such documents submitted by the different institutions for enactment, they are transcribed faithfully to their originals, the same ones that are archived and are our support.
