Read the untranslated law here: http://www.asambleanacional.gob.ec/es/system/files/ley_organica_comunicacion.pdf
CONSIDERING: that, the available transient first of the Constitution of the Republic posted in the registration official not. 449 of the 20 of October of the 2008 has that the organ legislative approve the law of communication; In the constitutional state of rights and justice, in accordance with principles and norms of the American Convention on human rights, are recognized rights to communication, which include: freedom of expression, information and access on equal terms to the radio spectrum and the technologies of information and communication; That, article 384 of the Constitution of the Republic, establishes that the social system must ensure the exercise of the rights to communication and information and freedom of expression and strengthen citizen participation; That, it is necessary to create legislative mechanisms for the full and effective exercise of the right to communication of all persons, individually or collectively; That, it is essential to fit a specialized system of legislation that ensure the exercise of the rights of a free, cross-cultural, inclusive, diverse, participatory communication, in all areas of social interaction, by any means and form, in their own language and their own symbols; That, through the promotion and creation of media of communication social is guarantees the access of equality of conditions to the use of the frequencies of the spectrum radio for the management of stations of radio and television public, private and community; That, it is necessary to use the constitutional, legal and technical mechanisms to secure access to and use of all forms of communication visual, auditory, sensory and others that allow for the inclusion of people with disabilities; That the strengthening of legal instruments for the communication, ensure the allocation, through transparent methods and on equal terms, of the frequencies of the radio spectrum, for the management of public, private and community radio and television stations, preserving in addition that its use will prevail the collective interest; Whereas it is necessary to establish the legal tools that facilitate the creation and strengthening of public, private, and community media; That is just prevent oligopoly and monopoly, direct and indirect, of the ownership of the means of communication and the use of the frequencies of the radio spectrum; Which, on the initiative of the President of the Republic, Eco. Rafael Correa Delgado, the Ecuadorian and Ecuadorians were invited to express themselves in the third supplement - official record No. 22 consultation - Tuesday June 25, 2013 - 3 on May 7, 2011 on issues related to communication and its regulation popular, massively supported the Elimination of the influence of economic power and political power over the media as well as the improvement of the quality of contents disseminated by the media, and the establishment of the legal consequences to prevent abusive and irresponsible use of freedom of expression; and, in exercise of the powers arranged in the paragraph 6 of the article 120; and, numeral 2 of the article 133 of the Constitution of the Republic, issued the following: law organic of communication title I provisions preliminary and definitions article 1-object and field.-this law has by object develop, protect and regular, in the field administrative, the exercise of them rights to it communication established constitutionally. Article 2.-ownership and enforceability of the rights-holders of the rights established in this law, individual or collectively, everyone Ecuadorian and foreign who reside in a way regular in national territory, regardless of their position or function in the management of public or private activity, as well as nationals residing abroad in the terms and scope the Ecuadorian jurisdiction is applicable. Article 3.-content communication.-for the purposes of this Act, all information refers to content or opinion that occurs, receive, disseminate and Exchange through social media. Article 4.-contained personal Internet.-this law does not regulate the information or opinion that personal mode is issued via the internet. This provision not excludes them actions criminal or civil to which has place by them offences to other laws that is committed through the internet. Article 5.-social media.-for purposes of this law, consider social media companies, public, private and community-based organizations as well as individuals concessionaires of frequencies of radio and television, providing the public service of mass communication which used as tool print media or radio, television and audio and video subscription services , whose contents can be generated or replicated by means of communication through the internet. Article 6.-means of social communication at national-media acquired national character when your coverage reaches 30% or more of the population of the country, according to the last national census; or, if the system is composed of a matrix and six or more repeating stations whose coverage reached populations of two or more natural regions of the country. The national print media acquired the same condition whenever the publication circulates in one or more provinces in the territory of the Republic of Ecuador whose population appropriate, individually or jointly, to 30% or more of the total population of the country, according to the last national census. To account for and verify the adequacy to the previously established parameter, it will be considered in a manner jointly to all carriers operating the same between audiovisual or printed national, either directly, by way of regional editions or any other mechanism. The media of communication social of character national not may belong in all or partly, of form direct or indirect, to organizations or companies foreign domiciled out of the State Ecuadorian nor to citizens foreigners, except those citizens foreigners that reside of way regular in the territory national. Article 7.-information of public relevance or interest general-is the information through the media about public affairs and general interest. Information or considered entertainment content, which are disseminated through the media, acquire the condition of relevant public information, when such content is violated the right to the honour of persons or other constitutionally established rights. Article 8.-prevalence in the dissemination of content-the media, in general, be disseminated informational, educational and cultural content in the form prevalent. These contents must encourage quality and diffusers of the values and fundamental rights set forth in the Constitution and in international human rights instruments. Article 9.-codes of conduct-public, private, and community media must be dispatched for Yes same codes of conduct aimed at improving its internal management practices and communications work. These codes must consider the rules laid down in article 10 of this law. Those codes conduct not can supplement to the law.
Title II principles and rights chapter I principles article 10.-standards conduct.-all natural or legal persons involved in the communication process should consider the following minimum standards, according to the characteristics of the means used to disseminate information and opinions: 1. relating to human dignity: a. respect the honor and reputation of persons;
b. refrain from conduct and disseminate content and discriminatory comments; and c. comply with personal and family privacy.
4. third supplement - official record No. 22 - Tuesday 25 June of 2013 2. Related groups of priority attention: a. do not encourage children and adolescents to imitate behaviors harmful or dangerous to health;
b. refrain from use and disseminate images or identifying mentions that threaten the dignity or the rights of people with serious diseases or disabilities;
c. avoid positive or avalorativa representation of scenes where becomes a mockery of physical or mental disabilities of persons;
d. refrain from issuing images or identifying mentions of children, girls and adolescents as authors, witnesses or victims of unlawful acts; except in the case that, in application of the best interests of the child, be prepared by competent authority;
e protect the rights to the image and privacy of adolescents in conflict with the criminal law, in accordance with the provisions of the code on children and adolescents; and, f. refrain from issue contents which violate the dignity of seniors, or projected a negative view of aging.
3. concerning professional practice: a. respect constitutional budgets in check, opportunity, contextualization and contrast in the dissemination of information of general interest or public significance;
b. refraining from skip and intentionally misrepresent the information elements or widespread opinions;
c. refrain from information or images with illegal methods;
d. avoid morbid treatment to information about crimes, accidents, catastrophes or other similar events;
e. defend and exercise the right to the clause of conscience;
f prevent censorship in any form, regardless of who intends to perform it;
(g). Do not accept external pressures in the fulfillment of the journalistic work;
h. exercise and respect rights to the reserve supply and professional secrecy;
i. refrain from using the status of journalist and social Communicator for personal gain;
j do not use on self-dealing privileged information obtained confidentially in the exercise of its informative function; and, k. respect copyright and citation standards.
4. related social media practices: a. respecting freedom of expression, of comment and criticism;
b. rectify, to it as soon as possible, the information that is have demonstrated as false or erroneous;
c. respect the right to the presumption of innocence;
d. refrain from disseminating Advertorials as if it were information materials;
e take care that the holders are coherent and consistent with the content of the news;
f to distinguish unequivocally between news and views;
g. distinguish clearly between the material informative, the material publishing and the material commercial or advertising;
h. avoid spreading either positive or avalorativa, environmentally irresponsible behaviour;
i. responsibility for the information and opinions that are disseminated; and, j. refrain from carrying out of media lynching, understanding as such, concerted and repeated information dissemination, in a manner directly or by third parties, through the media to discredit a natural person or entity reduce its public credibility.
Breach of deontological rules laid down by this article may be denounced by any citizen or organization the Superintendency of information and communication, which, after checking the veracity of the reported, will issue a written warning, provided that it does not constitute an offence that warrants another penalty or administrative measure established in this law. Article 11.-principle of affirmative action-the competent authorities shall take measures of public policy aimed at improving the conditions for access to and exercise of the rights to communication of human groups that are considered to be founded, in situation of real inequality; regard to the generality of the citizens. Such measures will last the time that is necessary to overcome such inequality and its scope is defined for each case concrete. Article 12.-beginning of democratization of communication and information-actions and decisions of officials and public authorities with competences in the field of communication rights, third supplement - official record No. 22 - Tuesday June 25, 2013 - 5 propenderán permanent and gradually to create the material, legal and political conditions to reach and deepen the democratization of property and access to the media to create media, to create spaces for participation, access to the frequencies of the radio spectrum allocated for radio and broadcast television services and by subscription, technologies and information flows. Article 13.-principle of participation-them authorities and officials public as well as them media public, private and community, will facilitate the participation of them citizens and citizens in them processes of the communication. Article 14.-principle of interculturality and plurinationality.-the State through institutions, authorities and public officials competent in the field of communication rights will promote public policy measures to secure the intercultural relationship between communities, communities, peoples and nationalities; so they produce and disseminate content that reflect their worldview, culture, traditions, knowledge and wisdom in their own language, with the aim of establishing and progressively deepening intercultural communication that values and respects the diversity that characterizes the Ecuadorian State. Article 15.-principle of the best interests of children and adolescents-media will promote the exercise of the rights to communication of girls, boys and adolescents, taking account the principle of best interests established in the Constitution and in the code on children and adolescents as a priority. Article 16.-principle of transparency-them media of communication social disseminated their political publishing e informative and your code ethics in portals web or in an instrument to disposal of the public.
Chapter II communication rights section I rights of freedom article 17-right to freedom of expression and opinion-all persons have the right to express themselves and speak freely in any form and by any means, and be responsible for its expressions according to the law. Article 18.-Prohibition of prior censorship-prohibited censorship prior by an authority, public officer, shareholder, partner, advertiser or any other person that in the exercise of their functions or their quality check, approve or disapprove the contents prior to its dissemination through any means of communication, in order to unlawfully obtain a self-serving favor a third person or harm to a third party. The media have the duty of cover and spread the facts of public interest. The recurrent and deliberate omission of the dissemination of matters of public interest constitutes an act of censorship.
Those who censor previously or run leading acts to be done in an indirect way, shall be punished administratively by the Superintendence of the information and communication with a fine of 10 basic salaries unified, notwithstanding that the author of acts of censorship to respond legally by the Commission of crimes or damage and its reparation. Article 19.-liability-for purposes of this law, further responsibility is the obligation that has everyone assume administrative consequences subsequent to disseminate content that injured the rights established in the Constitution and in particular the rights of communication and public safety of the State, through the media. Without prejudice to civil, criminal actions or any other which has place. Article 20.-liability of the media-there is a liability of the media, in the fields administrative, civil and criminal when the diffused contents are expressly assumed by the middle or are not attributed explicitly to another person. The comments made at the foot of the electronic publications on the web pages of the legally constituted media will be personal responsibility of those who made them, except that the media fail to meet one of the following actions: 1. clearly informing the user about their personal responsibility for the issued comments;
2. generate mechanisms for registration of personal data allowing identification, such as name, e-mail address, certificate of citizenship or identity, or;
3. Design and implement self-regulatory mechanisms that prevent the publication, and enable the denunciation and removal of content that injured the rights enshrined in the Constitution and the law.
The only media can play messages of social networks when the issuer of such messages is properly identified; If the media do not comply with this obligation, they will have the same responsibility established for content published on their website that are not attributed explicitly to another person. Article 21.-Joint and several liability of the media-media shall be jointly and severally liable for compensation and compensation of civilian objects in there place, for violating its obligation to make corrections or to prevent those affected the exercise of rights of reply and response ordered by the Superintendent of information and communication, prior due process , and which have been generated by the dissemination of all types of content that are injured human rights, reputation, honour, good name of people and public security of the State, according to what the Constitution and the law.
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Article 22.-right to receive truthful public relevant information-all persons are entitled to that information of public importance receive through the media is verified, proven, accurate and contextual. The verification implies verify that them made widespread indeed have happened. The matching involves collect and publish, in a balanced way, versions of the people involved in the narrated facts, unless any of them refused to provide their version, which shall be expressly recorded in the newspaper article. Precision means to collect and publish accurate quantitative and qualitative data that are integrated to the journalistic narration of the facts. Are data qualitative them names, kinship, function, position, activity or any other that set relatedness of the people with them made narrated. If it was not possible to verify the quantitative or qualitative data, the first will be presented as estimates and the seconds will be presented as assumptions. Contextualization means to inform audience the background information on the events and people who are part of the journalistic narration. If the people who are cited as sources of information or opinion have a specific interest or electoral order bonding, political, economic and kinship in relation to persons or to the facts that are part of the journalistic narration, this shall be mentioned as the source identification data. Article 23.-right to rectification-all persons are entitled to the media fail to rectify the information spread about them, their families or dependents where there are deficiencies in the verification, calibration and accuracy of the relevant information public pursuant to article 22 of this law issues. Them media of communication have the obligation legal of publish within the term of 72 hours, counted starting from presented the claim of the person affected, of form free, with the same features, dimensions and in the same space, section u schedule; the corrections that have place.
Where the means of communication not viable on its own initiative the right of rectification, the Superintendence of the information and communication available, previous qualification of the relevance of the claim, the following administrative measures: 1. the rectification and the public apology, the Director or the director of the media presented in writing to direct with a copy to the Council regulation and development of information and communication which will be published on its website and in the first interface of the website of the means of communication for one period of not less than seven consecutive days;
2. reading or transcription of the rectification and the public apology in the same space, programs, sections and media that spread the information not shown, false or inaccurate;
3 only in case of recidivism that takes place within one year shall be liable to a fine equivalent to 10% averaged over the last three months billing presented in their statements to the internal revenue service, without prejudice to comply with the provisions of the paragraphs 1 and 2 of this article; and, 4. In case of new relapse, the fine will be twice the charged on every previous occasion, without prejudice to comply with the provisions of paragraphs 1 and 2 of this article.
In the case of the media public or community having no billing, the fine will be 10% of one twelfth of their annual budget. The compliance of these measures administrative, not excludes them actions judicial to which has place by the broadcasting of information not proven, false or inaccurate. Article 24.-right to the replica-all person or collective human that has been directly alluded through a medium of communication, so affect their rights to it dignity, honors or reputation; It has right to that media spread his reply for free, in the same space, page and section in print media, or in the same program in audiovisual media and no later than 72 hours after the request raised by the hint. Where media not viable on its own accord the right of reply, the Superintendence of the information and communication available, previous qualification on the relevance of the claim, same administrative measures for the violation of the right to rectification. Article 25.-position of the media on judicial affairs-media shall refrain from taking institutional position on the innocence or guilt of the people who are involved in a legal investigation or criminal prosecution until it ejecutoríe the judgment rendered by a competent court. The violation of this ban will be sanctioned by the Superintendence of the information and communication with a fine equivalent to the 2% of it billing averaged of them last three months of the medium of communication, presented in their statements to the service of incomes internal. In case of recidivism that takes place in the same year, the fine will be twice the charged on each previous occasion. Article 26.-lynching media-is prohibited the dissemination of information, directly or through third parties, be produced in a concerted manner repeatedly posted through one or more media in order to discredit a natural or legal person or reduce its public credibility. The Superintendence of the information and communication available, upon the rating of the relevance of the claim, the following administrative measures: third supplement - Registro Oficial Nº 22 - Tuesday 25 June, 2013 - 7 1. The public apology from the people who produced and disseminated such information.
2 publish apology established in the preceding paragraph in the medium or media, on different days, in the same space, programs, sections, as many times as it was posted the information harmful to the reputation or credibility of the individuals concerned.
These administrative measures shall apply notwithstanding that the authors of the infringement respond by committing crimes and/or damage and its reparation. Article 27.-equity in the publicity of court cases-in all cases in which the media address the treatment of facts subject to investigation or prosecution, are obliged to publish, in equal conditions, the versions and arguments of the parties involved. This obligation implies for printed media, provide all parties involved the same space, page and section to expose its arguments; and, in the case of audiovisual media it involves having the presence of the parties or its representative of either simultaneous or consecutive in the same program and the same space of time, to make their case. If any of the parties refuses to use the space offered by the media of communication, means that the obligation of the medium is properly accomplished with have extended the corresponding invitation, which will be expressly designated in the newspaper article or in the corresponding program. Notwithstanding the refusal of the parties, either of them may make use of their right to equitable treatment at any subsequent time, within one year from their initial refusal, in the same terms established by this law in the case of the right of reply. Where media is not viable on its own initiative the parties right to equitable treatment, the Superintendence of the information and communication available, prior to the qualification on the relevance of the claim, the same administrative measures established for the violation of the right to the rectification. Article 28.-copies of programs or printed.-every person who feels affected by media reports, request founded copies of programs or publications. The media of communication have the obligation of meet favorably, in a term not greater to 3 days, them requests of delivery of copies of them programs or publications that are presented by written. Non-compliance of this obligation, shall be sanctioned administratively by the Superintendence of the information and communication with a fine of 1 to 4. worker unified minimum basic wages in general for the middle that not meet timely this order, notwithstanding that issue immediately requested backup.
Article 29.-freedom of information-all persons are entitled to receive, find, produce and disseminate information by any means or channel and to select freely the means or channels by those who have access to information and content of any kind. This only freedom can be limited founded by prior and explicit setting causes referred to in the law, the Constitution or an international human rights instrument, and only to the extent that this is necessary for the exercise of other fundamental rights or the maintenance of the established order. All conduct that would constitute an illegal restriction on freedom of information, will be sanctioned administratively in the same way that this law makes it in cases of censorship by public authorities and the media, without prejudice to the other legal actions that have place. Article 30.-information of restricted circulation.-can not move freely, especially through the media, the following information: 1. that which is expressly protected with a clause of reserve previously established by law; 2. information about personal data and that comes from personal communications, whose broadcasting not has been duly authorized by the owner, by law or by a competent judge;
3. the information produced by the prosecution in the frame of an inquiry prior; and, 4. Information about the girls, boys and adolescents who violates their rights as set out in the code on children and adolescents.
The person making the dissemination of information established in previous literals will be sanctioned administratively by the Superintendency of information and communication with a fine of 10 to 20 minimum basic wages unified, without prejudice to respond legally, if any, by the Commission of crimes or damage and its reparation. Article 31.-right to protection of personal communications.-everyone has the right to the inviolability and secrecy of their personal communications, whether these have been made verbally, through networks and legally authorized telecommunications services or are supported on paper or electronic storage devices. Is prohibited record or record by any medium them communications personal of third without them have known and authorized such recording or registration, except the case of them research covert authorized and ordered by a judge competent and executed according to the law.
The violation of this right shall be punished according to the law.
8 - Third supplement - official record No. 22 - Tuesday 25 June 2013 article 32.-comprehensive protection of girls, children and teenagers-girls, children and adolescents are entitled to the expression of their ideas, thoughts, feelings and actions from their own shapes and spaces in their native language, without discrimination or stigmatization of any. Messages spreading media of social communication and other entities, public and private, privileged protection comprehensive girls, children and adolescents, especially against the revictimization in cases of physical, sexual, psychological, domestic violence, accidents, and others. The victimized as well as the dissemination of contents that violate the rights of children and adolescents, according to provisions of the code on children and adolescents, will be sanctioned administratively by the Superintendence of the information and communication with a fine of 5 to 10 minimum basic wages unified, notwithstanding that the author of these behaviors respond judicially by the Commission of crimes or damage and its reparation.
SECTION II rights of equality and multiculturalism article 33.-right to the creation of social media-all persons, equal opportunities and conditions, have the right to form media, constitutional and legal limitations established for entities or business and financial groups, their legal representatives, members of its Board and shareholders. The violation of this right shall be punished according to the law. Article 34.-right to the access to frequencies.-all them people in form individual and collective have right to access, in equality of conditions, to the use of the frequencies of the spectrum radio, assigned for them services of radio and television open and by subscription in them terms that designates it law. Article 35.-right to universal access to the technologies of information and communication-all persons are entitled to access, training, and use of information and communication technologies to enhance the enjoyment of their rights and development opportunities. Article 36.-right to multinational and intercultural communication-the peoples and indigenous nationalities, Afro-Ecuadorian and montubio are entitled to produce and broadcast in their own language, content that to express and reflect their worldview, culture, traditions, knowledge and knowledge. All them media of communication have the duty of spread content that express and reflect the worldview, culture, traditions, knowledge and knowledge of them peoples and nationalities indigenous, Afro-Ecuadorian and montubio, by a space of 5% of its programming daily, without prejudice of that by his own initiative, them means of communication expand this space. Council regulation and development of information and communication will establish the mechanisms and regulations for compliance with this obligation.
The failure to comply with this duty by the media, will be sanctioned administratively by the Superintendence of the information and communication with the imposition of a fine equivalent to 10% of the average turnover of the past three months presented in their statements to the internal revenue service, notwithstanding that comply with their obligation to disseminate these contents.
Article 37.-right to access of persons with disabilities.-promotes the right to access to and exercise of the rights to communication for persons with disabilities. To do this, social media, institutions public and private social communication system and society will develop gradually, among others, the following measures: translation and subtitles, language of signs and braille system. The State will adopt political public that allow the research to improve the access preferential of them people with disability to them technologies of information and communication. Article 38.-participation citizenship-citizenship has the right to organize freely in public hearings, oversight, assemblies, popular councils, advisory councils, observatories or other organisational forms, in order to have an impact on the management of the media and monitor the full implementation of the rights to communication by any means of communication.
SECTION III rights of broadcasters article 39-right to the clause of conscience-conscience clause is a right for social communicators and the social communicators, which aims to ensure independence in the performance of their duties. The social communicators may apply the clause of conscience, while this fact may lead to sanction or prejudice, to refuse in a motivated way to: 1. a work order or develop content, programs and messages contrary to the code of ethics of the media or the ethical principles of communication;
2 sign a text of which are authors, when this has been modified by a superior in contravention to the code of ethics of the media or the ethical principles of communication.
The exercise of conscience clause cannot be considered under any legal how causal circumstances of dismissal of the Communicator or the social Communicator.
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In all cases, the social communicators will be entitled to make public his disagreement with the means of social communication through the own medium. Article 40-right to the reservation of the source-anyone who spread information of general interest, may be forced to disclose the source of the information. This protection not you exempt of liability further. Information on the identity of a source obtained illegal and forcefully, be without any legal value; and the risks, damages and damages that such a source is exposed will be attributable who forced disclosure of their identity, being obliged to make full reparation for damage. Article 41-right to keep the secret professional.-any person who carries out social communication activities may be obliged to disclose secrets entrusted to it within the framework of the exercise of these activities. The information obtained forcibly will lack any legal value; and, risks, damages and damages caused to the people involved will be attributable who forced the disclosure of professional secrets, being obliged to make full reparation for the damage. Article 42.-free exercise of the communication-all persons shall freely exercise communication rights recognized by the Constitution and this law through any means of social communication. Permanent journalistic activities carried out in the media, at any level or position, must be performed by professionals in journalism or communication, with the exception of persons who have spaces of opinion, and professionals or experts from other branches which maintain programs or specialized columns. Them people that perform programs or activities journalistic in them languages of the nationalities and peoples indigenous, not are subject to the obligations established in the paragraph previous. In the entities public the charges inherent to the communication will be played by communicators or journalists professional. Article 43.-labour composition of national media-social media's national character will make its payroll of workers with criteria of fairness and parity between men and women, multiculturalism, equal opportunities for people with disabilities and intergenerational participation. Article 44.-labour rights of workers of communication.- the communicators; and the communication workers have the following rights: 1. the public protection in the event of a threat arising from its activity as communicators;
2. to remuneration according to the tables wage fixed by the authority competent, to it security social and others rights labour, according to their functions and skills;
3. to be provided by their employers of economic, technical resources and materials sufficient for the proper exercise of their profession and journalistic tasks that charge them both in the city, where they normally work, or outside it;
4. to have the resources, facilities and incentives to conduct research in the field of communication, necessary for the exercise of their functions;
5. to professional development and technical training; to which public and private institutions and the media will give the facilities that would be the case; and, 6. To all other rights enshrined in the Constitution and the law.
Title III system of communication Social Chapter I scope article 45.-conformation-system of Social communication will settle by institutions of public character, policies and regulations, as well as private, community stakeholders and citizens who join voluntarily, according to the regulations of this law. Article 46.-objectives.-the system national of communication has them following objectives: 1. articulate them resources and capabilities of them actors public, community and private that make up the system to achieve the full exercise of them rights of the communication recognized in the Constitution, in this law and in others standards of the ordering legal Ecuadorian;
2 develop and implement mechanisms of public participatory and decentralized planning for the definition, social control and adequacy of all public communication policies;
3 monitor and evaluate public policies and national plans established and implemented by the authorities with competences related to the exercise of rights to the communication referred to in this law; and, formulate recommendations for the optimization of the investment public and the compliance of the objectives and goals defined in the Plan national of development related with them rights to the communication; and, 4. Permanently producing information on progress and difficulties in the applicability of the rights of communication, the performance of the media, and the use of the 10 - third supplement - official record No. 22 - Tuesday 25 June 2013 technologies of communication and information, having as reference parameters mainly constitutional content, the international instruments and those of this law.
Chapter II of the institutional framework for the regulation and Control article 47.-Council regulation and development of information and communication.-the Council regulation and development of information and communication is a body chartered with legal personality, functional, administrative and financial autonomy, whose Chairman shall exercise the legal, judicial and extrajudicial representation of this entity. Its resolutions are binding. Article 48.-Integration-Council regulation and development of information and communication will be made in the following manner: 1. A representative of the Executive function, who will chair it. 2. a representative of the national councils for equality. 3. a representative of the Council of citizen participation and Social Control. 4. a representative of the decentralized autonomous governments. 5. a representative of the Ombudsman. Article 49.-powers.-the Council for the regulation and development of information and communication shall have the following functions: 1. establish mechanisms for the exercise of the rights of users of services of communication and information;
2 regulate the universal access to communication and information; 3 adjust the classification of content and time slots; 4 determine mechanisms that allow the variety of programming, with guidance to educational and/or cultural programmes;
5. establish mechanisms to disseminate the forms of communication of the different social, ethnic and cultural groups;
6 develop and issue the necessary regulations for the performance of its duties and its operation; 7 develop studies concerning the behaviour of the community about the content of the information and communication media;
8 report the binding, in the cases provided for in this law, for the award or approval of concessions of frequencies of the radio spectrum for the operation of radio and television stations, and for the operating license of audio and video systems by subscription;
9 formulate observations and recommendations on the reports that submit you on a quarterly basis the Telecommunications Authority in the process of applying the equitable distribution of frequencies established by article 106 of this law;
10 prepare the report that the telecommunications authority appropriate to solve upon completion of a concession of radio or television on the grounds of non-compliance with the objectives set out in the communication project;
11 create administrative and operational instances that are necessary for the fulfilment of its functions; and, 12. Others referred to in the law. Art. 50.-requirements-them members of the Council of regulation and development of the information and communication shall comply with the following requirements: 1. have nationality Ecuadorian or be foreign legally resident in the Ecuador; 2. not having family relationship up to the fourth degree of consanguinity and second of affinity with those who are or have been members or shareholders in a percentage higher than 6% of the share capital, or with owners, managers and administrators of social media, during the two years prior to the date of their appointment;
3. do not perform duties of administration or management of the means of social communication or work under dependency relationship in social media, nor have two years prior to the date of their appointment; and, 4. Be in enjoyment of political rights and participation. Article 51.-removal.-the Council for the regulation and development of information and communication may dismiss one of their counselors or advisors by the Commission of grave misconduct, only with the favourable vote of at least three of its members. He Council of regulation and development of the information and communication will know and will resolve on the dismissal of them counselors or advisors by them causes established in this law, through a procedure that guarantees the compliance of them rules of the due process.
The resolution of impeachment may challenge is indeed devolutive before the justice ordinary.
Article 52.-causal of removal.-are causes of dismissal, without prejudice of them actions and sanctions criminal and civil that has place:
Third supplement - Registro Oficial Nº 22 - Tuesday 25 June 2013 - 11 1. Receive gifts or accepting the promise of his surrender in Exchange for influence their decisions in the exercise of his office;
2 activities of political proselytism in the exercise of their functions; 3 be included on one of the grounds for incompatibility, which exist at the time of the appointment was not warned, according to the provisions of the organic law of communication;
4 unjustified absenteeism to more than three consecutive meetings of the Council; and, 5. Them others that contemplate the law for those officials public in general. Article 53.-financing-the Council of regulation and development of the information and communication will be financing of the budget General of the State. Article 54.-Advisory Council-the Council regulation and development of information and communication will have an Advisory Board as a mechanism of consultation and advice from non-binding nature, in the process of formulation of policies on information and communication. It will be made up of: 1. A representative of the filmmakers; 2. a representative of the social communicators; 3. a representative of organizations citizens related to the promotion of the culture; 4. a representative of the University professors from 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 laid down in the paragraphs 2 to 6. Article 55.-Superintendent of information and communication-Superintendency of the information and communication is the technical body of monitoring, audit, intervention and control, with sanctioning capacity of decentralized administration, with legal personality and own patrimony and administrative, budgetary and organizational autonomy; that it has broad powers to enforce the rules of regulation of information and communication. The Superintendency will have in its structure intendencias, units, divisions technical, and organs advisors that is established in the normative that for the effect issue. The Superintendent shall be appointed by the Council of citizen participation and Social Control of a triplet which will send the President or President of the Republic in accordance with the provisions of the Constitution. The resolutions issued by the Superintendency in its competence are enforced.
Art. 56.-powers of the Superintendence of it information and communication.-will be powers of the Superintendence of it information and communication: 1. overseeing, monitor and order the compliance of them provisions legal and regulatory on them rights of the communication;
2 attend, investigate and resolve complaints or claims made by natural or legal persons, through their representatives, rights of communication;
3. require citizens, institutions and actors related to communication, information about themselves which may be necessary for the fulfilment of its functions;
4. apply the sanctions laid down in the framework of this law and the regulation issued by the regulatory authority; and, 5. The others set forth in the law. Article 57.-administrative procedures-administrative procedures so that citizens submit complaints and applications about the exercise of their rights to communication, as well as for that of trade procedures is to protect such rights or managed demanding the fulfillment of the obligations determined by this law, shall be established in the regulation to be issued for this purpose Council regulation and development of information and communication. In addition to sanctions or administrative measures laid down in this law, for each specific case, the Superintendent of information and communication may make communications and written reprimands to the managed to draw their attention to practices which should be improved or corrected because they get or they may jeopardize the exercise of the rights to communication. Article 58.-resolutions of the Superintendency-resolutions of the Superintendency of the information and communication are binding and its content must be complied with and fulfilled within the time limits laid down in the law or in such resolutions. In case that the managed contested judicial resolution of the Superintendence, such decision will continue to apply until a competent court to suspend it or revoke it definitely. Article 59.-revocation and limitation.-actions to initiate the administrative procedure will expire in hundred and eighty days from the date of Commission of the alleged offence referred to in this law. The power to sanction infringements is barred for three years from the commencement of the procedure.
Title IV regulation of content article 60.-identification and classification of the types of content-for purposes of this law, the contents of 12 - third supplement - official record No. 22 - Tuesday 25 June 2013 radio broadcasting, television, local channels systems of audio and video by subscription, and the printed media, are identified and classified in : 1. informative - I; 2. of opinion - O; 3 training/educational/cultural - F; 4. Entertainment - E; 5 sports - D; and, 6. Advertising - P. The media have an obligation to classify all the contents of your publication or program criteria and legal and technical parameters. The public, private and community media must identify the type of content they transmit; and indicate whether or not they are suitable for all audiences, so that the audience can decide authoritatively about the programming of your choice. They are exempted from the obligation to identify the advertising content, the radial means that insert advertising into the narratives of sport or similar shows that occur in transmissions live or deferred. The failure to classify the content, will be sanctioned administratively by the Superintendence of the information and communication with a fine of 1 to 5 basic salaries for every occasion that is omitted to comply with this. Article 61.-content discriminatory.-for the purposes of this Act, shall include discriminatory content all message that are spread by any means of communication that connote distinction, exclusion or restriction based on grounds of ethnic group, place of birth, age, sex, identity of gender, cultural identity, marital status, language, religion, ideology, political affiliation, passed judicial, socio-economic status, immigration status, sexual orientation State of health, carry HIV, disability or physical difference and others that has the object or result impairing or nullifying the recognition, enjoyment or exercise of the rights recognized in the Constitution and in international human rights instruments, it incites the Commission of discriminatory acts or do apology for discrimination. Article 62.-prohibition.-diffusion is prohibited through any means of social communication of discriminatory content that is intended to or result impairing or nullifying the recognition, enjoyment or exercise of the rights recognized in the Constitution and in international instruments. Also prohibited the dissemination of messages through the media that constitute advocacy of discrimination and incitement to carry out violent acts based on some kind of discriminatory message or practices.
Article 63.-qualifying criteria.-for the purposes of this Act, a content is described as discriminatory is necessary Council regulation and development of information and communication to establish, by a reasoned decision, the concurrence of the following elements: 1. that the diffused contents denotes some particular kind of distinction, exclusion or restriction; 2 that the distinction, exclusion or restriction is based on one or more of the reasons set out in article 61 of this law; and, 3. That such a distinction, exclusion or restriction has the object or result of impairing or nullifying the recognition or enjoyment of the human rights guaranteed in the Constitution and in international instruments; or that the diffused contents constitute advocacy of discrimination or incite the implementation of practices or some kind of discrimination-based violence.
Article 64.-administrative measures.-the dissemination of discriminatory contents ameritarán the following administrative measures: 1. public apology the Director or the director of the media presented in writing to the person or group affected with a copy to the Superintendent of information and communication, which will be published on its website and in the first interface of the website of the means of communication for one period of not less than seven consecutive days;
2. reading or transcription of the apology public in the same space and medium of communication in that is spread the content discriminatory;
3. in case of recidivism is imposed a fine equivalent of the 1 to the 10% of it billing averaged of them last three months presented in their statements to the service of incomes internal, whereas the gravity of the infringement and the coverage of the medium, without prejudice of meet it established in them numerals 1 and 2 of this article; and, 4. In the case of new relapse, the fine will be the double
of charged on every previous occasion, without prejudice to comply with the provisions of the paragraphs 1 and 2 of this article.
The Superintendent shall forward to the prosecution, for the investigation of an alleged crime, certified copies of the record that served as the basis for imposing the administrative acts of discrimination measure. Article 65.-classification of audiences and stripes time.-is sets three types of audiences with their corresponding stripes time, both for the programming of them media of communication of radio and television, included them channels local of them systems of audio and video by subscription, as for it advertising commercial and them messages of the State: 1. family: includes to all them members of the family. Includes the family timeslot from 06 h 00 to the third supplement - Registro Oficial Nº 22 - Tuesday 25 June 2013 - 13 6: 00 pm. In this age only may disseminate programming of "A" classification: suitable for all audiences;
2. responsibility shared: the make up people from 12 to 18 years, with monitoring of people adult. The time zone of shared responsibility will pass in hours from 18 h 00 to 22 h 00. In this strip programming of "A" and "B" classification may be disseminated: suitable for all audiences, with supervision of an adult; and, 3. Adults: Composed by people older than 18 years.
The Strip time of people adult runs in the schedule of the 22 h 00 to them 06 h 00. In this strip programming rated with "A", "B" and "C" may be disseminated: suitable only for adults.
According to the provisions of this law, the Council regulation and development of information and communication will establish technical parameters for the definition of audiences, time zones, classification of programming and content rating. The adoption and application of such parameters will be, in each case, the responsibility of the media. Article 66.-contents violent.-for the purposes of this Act, shall include violent content that denotes the intentional use of physical or psychological force, works or Word, against yourself, against any other person, group or community, as well as against human beings and nature. This single content can spread on the fringes of shared responsibility and adults in accordance with the provisions of this law. Failure to comply with the provisions of this article shall be punished administratively by the Superintendence of the information and communication with a fine of 1 to 5 basic salaries for every occasion that is omitted to comply with this obligation. Article 67.-prohibition.-prohibits the dissemination through the media of any message constituting direct incitement or express encouragement to unlawful use of violence to the Commission of any illegal act, it is people, exploitation, sexual abuse, apology of war and of national, racial or religious hatred. Is prohibited the sale and distribution of material pornographic audiovisual or printed to children, girls and adolescents under of 18 years. He breach of it willing in this article will be sanctioned administratively by the Superintendence of it information and communication with a fine of 1 to 5 wages Basic by each occasion in that is skip meet with this obligation, without prejudice of that the author of these behaviors respond judicially by the Commission of crimes and/or by them damage caused and by its repair integral. Article 68.-contained sexually-explicit messages of sexually explicit content broadcast by audiovisual means, having no educational purpose, must necessarily transmitted in hours for adults.
The educational content with sexually explicit images will be disseminated in the slots of shared responsibility and suitable for all audiences, taking into account that this material be properly contextualised for audiences of these two bands. Failure to comply with the provisions of this article shall be punished administratively by the Council regulation and development of information and communication with a fine of 1 to 5 basic salaries for every occasion that is omitted to comply with this obligation. Art. 69.-Suspension of advertising.-of consider it necessary, and without prejudice of implement them measures or sanctions administrative planned in this law, the Superintendence of the information and communication may have, through resolution based, the suspension immediate of the broadcasting of advertising misleading.
Title V social media article 70.-types of media-the media of social communication are of three types: 1. public; 2. private; and, 3. Community. Article 71.-common responsibilities-information is a constitutional right and a public good; and social communication that takes place 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 living of people. All means of communication have the following common responsibilities in the development of its management: 1. respect human rights and to promote their full applicability; 2. to develop the critical thinking of the citizens and promote their participation in matters of general interest;
3. abide by and promote the obedience to the Constitution, the laws and the legitimate decisions of public authorities;
4. to promote spaces for meeting and dialogue for the resolution of conflicts of interest; 5 contribute to the maintenance of peace and security; 6 serve as channel for reporting abuse or illegitimate use that State officials or private persons the powers public and private;
7 prevent the broadcasting of advertising misleading, discriminatory, sexist, racist, or that violates the human rights of the people;
14-third supplement-registration official Nº 22-Tuesday 25 of June of 2013 8. Promoting intercultural dialogue and the notions of unity and equality in diversity and intercultural relations;
9 to promote the political, economic and cultural integration of citizens, peoples and human collectives; and, 10. Encourage the media education. Article 72.-access to the media of candidates for posts of popular election-during the election campaign, the media propenderán to candidates of all movements and political parties to participate in equality of conditions in discussions, interviews and programs of opinion with the purpose of to inform citizens political profiles programs and proposals to achieve the posts of popular election. The National Electoral Council will promote the media to adopt all measures which are necessary for this purpose. Article 73.-the defender of the hearings-the national media will necessarily have a defender of their audiences and readers, appointed by public tender organised by the Council of citizen participation and Social Control through the Middle, who will fulfill their functions with independence and autonomy. They will also have mechanisms of interactivity with their audience and readers, and spaces for the publication of errors and corrections. Article 74.-obligations of the audiovisual media-audiovisual media open signal shall be required to provide the following information of general interest social services free of charge: 1. transmit national or local chain, in all or several social media, messages of general interest that the President of the Republic or the entity of the Executive function that receives this competition. The holders of the other functions of the State shall coordinate with this entity of the Executive function to make use of this space to make chains established in this section.
These spaces is used of form coordinated only and exclusively to inform of the materials of your competition when is necessary for the interest public. The servers public designated in the paragraph above will be responsible by the use inappropriate of this authority;
2. transmit in chain national or local, to them cases of State of exception provided in the Constitution of the Republic, them messages that have it or the President of the Republic or them authorities designated for such end; and, 3. Allocate a time daily, not cumulative for programs official of tele-education, culture, health and rights elaborated by them ministries or secretariats with competition in these matters.
Article 75.-obligations of the systems of audio and video by subscription audio and video subscription systems suspended its programming to link free of charge chain national or local, to transmit messages with the President of the Republic or the authorities designated for that purpose, in cases of State of emergency provided for under the Constitution. Article 76.-signal transmission open audio and video systems by subscription audio and video systems by subscription have an obligation to transmit television channels open national, zonal and local which are qualified previously by the Council regulation and development of information and communication for this purpose, considering the quality of their content and programming on your system , provided that satisfy the technical conditions that set the Telecommunications Authority. The transmission of broadcast audio and video systems by subscription within the national territory, shall be exempt from payment of retransmission rights to television station or the system attendant and nor will be charged to subscribers or subscribers of these systems. In the transmission of the signals broadcast by audio and video systems by subscription, the original programming will be respected and not you can alter or include advertising that does not have the authorization of the owner of the programming. Article 77.-Suspension of freedom of information.- the President of the Republic, in exercise of its constitutional powers, can have the suspension of the right to freedom of information, which must satisfy the following conditions: 1. that the State of emergency has been declared; 2. to verify the application of the principles, conditions and scope which must fulfill the Declaration of State of emergency, according to article 164 of the Constitution;
3. that is check the compliance right of the procedure established in the article 166 of the Constitution to declare the State of exception; and, 4. That is based by written and from them parameters of the State of right the need and the purpose of have the suspension of the right to the freedom of information and the censorship prior to them media of communication, establishing them reaches of these measures and the term that van to last.
The Declaration of State of emergency only can suspend the right to freedom of information and establish prior censorship of the media, and no restrictions of any kind to the other rights of communication established in this law and in the Constitution may be established. State officials will be responsible for administrative, civil and criminal proceedings by the Affectations to the communication rights that are not expressly authorized under the State of emergency.
Third supplement - Registro Oficial Nº 22 - Tuesday 25 June 2013 - 15 section I media public art. 78.-definition-the public media are legal persons of public law. Was created through Decree, Ordinance or resolution according to corresponds to the nature of the entity public that them creates. Public media can become also public enterprises to the wording of the provisions of the organic law of public companies. The structure, composition and powers of the organs of direction, management, social control and participation of the public media shall be established in the legal instrument of his creation. However, the structure of public media always will have an editorial board and a Council citizen, except in the case of official public media. Ensure their publishing autonomy. Article 79.-Empresas Públicas de communication.-If two or more media audiences are grouped by strategic reasons of cost optimization or to facilitate their management, these are would constitute a public communication company tenor of the provisions of the organic law of public companies. In these cases, each public media must necessarily have an editorial board. Article 80.-objectives-them media of communication social public will have them following objectives: 1. produce and spread content that promote the recognition of them rights human, of all them groups of attention priority and of the nature;
2 offer information services of public relevance truthful, verified, contextualized, and timely with respect to the principles of professional independence and pluralism;
3. facilitate the democratic debate and the free expression of opinions; 4. promote the equality of gender and the interculturality; 5. promote the exchange of information and mutual understanding among the peoples of Latin America and the world;
6. promote the production and dissemination of national audiovisual content; 7 find and implement mechanisms for cooperation and liaison with public media at the national and international levels; 8 implement spaces for the promotion of productive activities in the country; and, 9. Offer content educational, cultural, recreational and entertainment contributing to the good life.
Article 81.-financing.-public media, with the exception of public official, will be financed with resources of each institution. Subsidiary will be financed in the following manner: 1. income from the sale of advertising; 2. revenue from the commercialization of their communication products; and, 3. With funds from donations, sponsorships, and national and international cooperation. Article 82.-tips people.-councils citizens of public media shall conform necessarily attending the rules laid down in the Act of participation and Social Control. The members of these councils will be unpaid. Article 83.-means of public communication of official character.-functions of the State and the autonomous governments are empowered to create media public official, which have as main objective disseminate the official position of the public agency that creates them in relation to matters within its competence and those of general interest of citizens fulfilling responsibilities common to all means of communication established in article 71 of this law. Official media be financed exclusively with budget function or decentralized self-government that creates them and revenues from the sale of advertising to public sector institutions.
SECTION II media media article 84.-definition-the private private are natural or legal persons of private law with or without aim of profit, which aims at the provision of public services with social responsibility.
SECTION III media community article 85.-definition-the community media are those whose ownership, administration and management correspond to collective or social organizations, nonprofits, municipalities, communities, peoples and nationalities. Community media do not have profits and profitability is social. Article 86.-action affirmative-the State will implement public policies that are necessary for the creation and strengthening of community media as a mechanism to promote the plurality, diversity, interculturalism and plurinationality; such as: preferential credit for the creation of community media and the purchase of equipment; exemptions from 16 - third supplement - official record No. 22 - Tuesday 25 June 2013 tax for the import of equipment for the operation of print media, community radio and television stations; access to training for the communicative, administrative and technical management of community media. The formulation of these measures of affirmative action in public policy are responsibility of the Council regulation and development of information and communication and its implementation will be carried out by public entities that have specific competences in each specific case. The Council regulation and development of information and communication will draw up an annual report on the public policy measures taken by the State, intended for the creation or consolidation of community media; report to be obligatorily published on its website. Article 87-financing.-funds for the operation of community media will come from the sale of services and communication products, selling advertising, donations, funding from national and international cooperation, sponsorships and any other lawful form of earning.
Utilities that get the community media in its management was reinvested with priority on the improvement of the own environment, and subsequently in the social projects of communities and organizations to which they belong. Through the mechanisms of preferential procurement in favour of solidarity economy, provided for in the law on public procurement, State entities at various levels get in community media services of advertising, design and others, involving the dissemination of educational and cultural content. Public entities may generate competitive grants for educational and cultural dissemination through community media.
SECTION IV transparency in social media
Article 88.-record public-social media shall obligatorily in a survey carried out by the Council of regulation and development of information and communication said cadastre must contain general data to be determined by regulation. This registration does not constitute an authorization for the operation of the means of communication. Them means of communication that not comply with the obligation of registration not may advertise advertising of any entity of the State. Article 89-update-them media of communication must notify to the Council of regulation and development of the information and communication all change in the information registered. Article 90.-broadcasting for strain-social media forms will be required to include, in each publication that edit, a space in which you specify the total number of copies put into circulation, as a measure of transparency and access to information. The Superintendence of the information and communication can audit anytime pulling social media print and check the veracity of the published circulation figures, in order to safeguard the rights of the readers of the medium, its competitors and companies, entities and people who pauten advertising or propaganda in them.
In the event that proves falsity or inaccuracy in figures that the circulation of copies of one or more printed editions, the Superintendence of the information and communication order medium to publish in the first interface on your web page and the front page of their paper editions, for a period of one to seven consecutive days , the recognition of that them figures of its circulation not correspond to the reality, as well as the corresponding apology public directed to them companies, entities and people that scheduled advertising or propaganda in said medium. Who deemed affected have an equity sharing by false copies circulation figures for a medium may exercise the corresponding legal actions. Article 91.-file stands.-all the programming and advertising media of radio broadcasting and television shall record and will keep up to one hundred and eighty days from the date of their issuance.
SECTION V advertising article 92.-actors of the advertising-the commercial interrelation between advertisers, advertising agencies, social media and other actors in the advertising management will be regulated through the regulation of this law, in order to set parameters of fairness, respect and social responsibility, as well as to avoid forms of control monopolistic or oligopolistic of the advertising market. Advertising creativity will be recognized and protected by the copyright and other rules laid down in the law of intellectual property. The actors in the advertising management responsible for the creation, implementation and dissemination of advertising products will receive in all cases corresponding intellectual and economic recognition by the copyright on such products. Article 93.-Extension of advertising-the extension of advertising in the media shall be determined according to the rules by Council regulation and development of information and communication, based on technical parameters and standards in the context of the reasonable balance between content and commercial advertising. Art. 94.-protection of rights in advertising and propaganda-it advertising and propaganda shall comply with the rights guaranteed by the Constitution and them treated international.
Third supplement - Registro Oficial Nº 22 - Tuesday June 25, 2013 - 17 misleading advertising is prohibited as well as any advertising or advertising child pornography, alcohol, cigarettes and narcotic and psychotropic substances. The media shall not advertise products which use regular or recurrent produce impact on the health of the people, the Ministry of public health shall draw up the list of these products. The advertising of products destined to the food and the health must have authorization prior of the Ministry of health. Advertising in children's programmes which will be duly qualified by the Council regulation and development of information and communication through the respective regulation. The Superintendent of information and communication will be the suspension of advertising which circulates through the media when this violates the prohibitions set out in this article or induce violence, drug abuse, discrimination, racism, sexism, religious or political intolerance and all that which violates the rights recognized in the Constitution. This measure may be revoked by the Superintendent himself or by a competent judge, under the conditions determined by law. Article 95.-investment public in advertising and propaganda.-them entities of the sector public that hire services of advertising and propaganda in them media of communication social is guide depending on criteria of equality of opportunities with attention to the object of the communication, the public objective, to it jurisdiction territorial of the entity and to them levels of audience and tuning. Is will ensure that them media of lower coverage or circulation, as well as those domiciled in sectors rural, participate of the advertising and propaganda State. Public entities shall draw up annually a report of distribution of advertising expenditure contracted in each media. This report will be published on the website of each institution. The failure to comply with this obligation by the owner of each public institution shall be punished by the Superintendence of the information and communication with a fine equivalent to 35% of the total of the monthly remuneration of the Executive, without prejudice to that report is published within the period of thirty days. The failure to publish the report within the period of thirty days, pointed out in the previous paragraph, shall be causal dismissal of the head of the institution. Article 96.-advertising investment private.-at least 10% of the annual budget allocated by the advertisers for advertising products, services or goods provided at the national level in the media private will be invested in local or regional coverage media. Ensure that means less coverage or circulation, as well as the domiciled in rural areas, participate in advertising.
Council regulation and development of information and communication will establish conditions for the equitable distribution of 10% of the budget of the advertisers among the local media in the corresponding regulation.
SECTION VI national production article 97-space for national audiovisual production.-the audiovisual media, whose signal is of domestic origin, be allocated progressively, at least 60% of its daily programming schedule suitable for all audiences, to the dissemination of contents of national production. This content of national origin must include at least 10% of independent national production, calculated on the basis of the daily total programming of the medium. The diffusion of contents of national production which may not be transmitted at time suitable for all audiences will be attributable to the share which must comply with the audiovisual media. For the computation of the percentage earmarked for independent national and national production is exceptuará the time devoted to advertising and teleshopping services. The screen for the independent national production quota will be met with works of producers credited by the authority responsible for the promotion of the cinema and national audiovisual production. Article 98.-production of national advertising-advertising which is disseminated in Ecuadorian territory through the media should be produced by natural persons or legal Ecuadorian, whose ownership of the majority of the shares corresponds to Ecuadorian people or foreigners living legally in the Ecuador, and whose payroll for its realization and production it constitute at least 80% of people of Ecuadorian nationality or foreigners legally living in the country. Professional Services engagements are included in this percentage of payroll. Banning the importation of publicity items produced abroad by foreign companies.
For purposes of this law, it means production of advertising commercials for television and cinema, radio cots, photographs for static advertising, or any other audiovisual piece used for advertising purposes. Not advertising that does not comply with these provisions may be disseminated, and is punishable to the natural or legal person that orders the pautaje with a fine equivalent to 50% of what had been raised by the pautaje of such advertising. In the case of static advertising it fined the company that broadcast advertising. Exception of the provisions of this article to the advertising of international campaigns to promote the respect and exercise of human rights, peace, solidarity and integral human development.
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Article 99.-concentration of the space for domestic production-a single producer may not concentrate more than 25% of the hourly fee or share acquisitions of the same channel of television. Article 100.-national production-an audiovisual work shall be deemed national when at least 80% of Ecuadorian nationals or foreigners legally residing in the country have participated in its elaboration. Article 101.-producers national independent.-producer national independent is a person natural or legal that not has relationship labor, link of kinship until the fourth grade of consanguinity and second of affinity, or bonding corporate or commercial dominant with the medium of communication audiovisual to which license them rights of broadcasting of his work. Means that there is a dominant corporate or commercial relationship when: 1. the independent national producer and audiovisual media belong to the same economic group;
2. one person is a holder of more than 6% of the share capital of the means of audiovisual communication and the production company.
There will be link between the independent national producer and owners, legal representatives, shareholders or senior partners of the audiovisual media, where kinship of up to the fourth degree of consanguinity or second of affinity. Producing foreign-capital companies or that depend on a foreign company depending on their executive bodies, social capital or its business strategy, are not considered as independent national producers. Article 102.-promotion to the national production and domestic independent production-media broadcast and audio and video subscription-based systems that have one or more channels whose signal is output from the Ecuadorian territory, within its grid of programming annually acquire rights and exhibited at least two feature films by independent national production. When the resident population or the number of subscribers in the area of coverage of the media grow up to five hundred thousand inhabitants, two feature films will be shown at TV premiere and their rights of broadcasting must be purchased prior to the initiation of the shooting. For the acquisition of the rights of television broadcasting of the independent national production, broadcast media and systems of audio and video subscription will be one value not less than 2% of the amounts invoiced and collected by the means or system and which had declared for the fiscal year from the previous year. When the resident population in the area of media coverage exceeds five hundred thousand inhabitants, the value that the media may not be less than 5% of the amounts invoiced and collected by the means or system.
In the case of audio and video subscription systems, calculations for the determination of the amounts earmarked for the acquisition of broadcasting rights will be based on the income received by the marketing of advertising spaces carried out through channels whose signal is output from Ecuadorian territory. In the case of public media, this percentage shall be calculated in relation to your budget. When the separate national production volume does not reach to cover the fee provided for in this article, the Ibero-American productions supplemented it, into consideration at the beginning of reciprocity with the countries of origin. For the television channels that are not considered according to this law as a means of social communication of national, independent national production includes the provision of all services of audiovisual production. Art. 103.-broadcasting of them contained musical.-in them cases of them stations of broadcasting sound that issued programs musical, the music produced, composed or executed in Ecuador must represent at least the 50% of them contained musical issued in all their schedules, with the payment of them rights of author as is sets in the law. They are exempted from the requirement referred to 50% of the musical contents, thematic or specialized character stations.
SECTION VII public entertainment Art. 104.-protection of children and adolescents-the National Council for childhood and Adolescence shall issue the regulations for access to the public shows that affect the interests of children and adolescents, in accordance with article 13 paragraph 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 obligatory use by national and local authorities having jurisdiction, within their respective jurisdiction, authorize the accomplishment of public entertainment.
Title VI of Art. 105.-management of the radio spectrum radio spectrum-the spectrum is a public property of the State, unattachable, imprescriptible and inalienable. Perform administration for use and technical use of this strategic public resource the central State through the Telecommunications Authority. In any case, the radio spectrum management involves activities of control over the content of the media.
Third supplement-record official No. 22-Tuesday 25 of June of 2013-19 Art. 106.-distribution equitable of frequencies.-them frequencies of the spectrum radio intended to the operation of stations of radio and television of signal open is distributed equally in three parts, reserving the 33% of these frequencies for the operation of media public, the 33% for the operation of media private , and 34% for the operation of community media.
This distribution will be reached so progressive and mainly through: 1. the allocation of the frequencies still available; 2. the reversal of frequencies obtained illegally, and their subsequent redistribution; 3. the reversal of frequencies for breach of the technical, legal rules for its operation or purposes for which were concessionary them, and its redistribution;
4. the distribution of frequencies, returning to the State pursuant to law; and, 5. The distribution equitable of frequencies and signals that will allow the scanning of the systems of transmission of radio and television.
In all these cases, the frequency distribution priority will given to the community sector to achieve equitable distribution referred to in this article. Article 107.-recognition by investment and experience accumulated-natural or legal persons concessionary of radio and television frequencies, whose term expired, may compete to obtain or renew their own frequency or another while respecting the distribution that makes the authority of telecommunications to private and community media. You will recognize these people an additional score equivalent to 20% of the total points established in the corresponding competition in recognition of the experience and investment in media management. Article 108.-procedures for the award of concessions-the award of concessions or authorizations of frequencies of the radio spectrum for the operation of mass media is under the exclusive authority of the Telecommunications Authority and will be in the following forms: 1. direct allocation of frequencies for public approval. 2. public, open and transparent competition for the allocation of frequencies for private and community media.
Article 109.-direct award-the direct award of authorization of frequencies of the radio spectrum for the operation of public social media be held prior compliance with the requirements established by the Telecommunications Authority by means of the corresponding regulation which, without prejudice to other requirements, necessarily will include the presentation of the strategic planning of the means of communication. Where two or more public sector institutions request the authorisation of the same frequency, the award shall be defined by the binding report of the Council for the regulation and development of communication which, prior to the evaluation of the strategic planning of the respective means of communication, shall be defined who of them should be given the award in accordance with a social priority territorial and institutional. Article 110.-allocation by competition for private and community media-the award of frequencies of the radio spectrum for the operation of community and private mass media of radio and television signal open will be maintained through open and transparent public tender in which all legal and natural persons who do not have disabilities or legal prohibitions may intervene. Requirements, evaluation criteria and forms of the tender score will be defined by regulation by the Telecommunications Authority, taking into account the rules laid down in this Act and the Telecommunications Act; without prejudice to which in all cases the applicant must submit: 1. the communicational project, with determination of the name of medium, type of medium, objectives, place of installation, coverage, proposed programming and social impact that projects generate;
2. the plan of management and sustainability; and, 3. The technical study. Made the contest, up to 5 applicants better scored records shall be sent to Council regulation and development of information and communication. He Council of regulation and development of the information and communication will return to review the plan of communication of each one of them and based on its evaluation will issue the report binding for it award of the award, with which it authority of telecommunications will proceed to perform them procedures administrative for the corresponding award. Article 111.-disabilities to compete.-prohibits the participation in public tenders for the award of frequencies of the radio spectrum for the operation of private and community radio stations and television signal open to natural persons or legal applicants who are falling under the following circumstances: 1. those who have family relationship up to the fourth degree of consanguinity or second of affinity with any of the members of the Council for the regulation and development of the information and communication and with the Telecommunications Authority;
2. those who are associated or have shares exceeding 6% of the equity in an enterprise in which are also either partners 20 - third supplement - official record No. 22 - Tuesday 25 June 2013 the members of the Council for the regulation and development of communication or the Telecommunications Authority;
3 personally prosecuting those in arrears or are disabled with institutions, agencies, and entities of the public sector;
4. those who have shares in a company which is in default or is prevented with institutions, agencies, and entities of the public sector;
5. those who personally or as shareholders of a company have been a frequency of radio or television dealers and you reverted it is to State for certain offences in the Act; and, 6. The other laying down the law. Art. 112.-termination of the concession of frequency.-the award of frequencies of the spectrum radio for the operation of stations of radio and television of signal open will end by them following causes: 1. by expiration of the term of the concession; 2. to request of the dealer; 3. by termination of the legal person; 4. for loss of the civil capacity of the dealer or dissolution of the company; 5. for proven breach of the provisions that prevent the concentration of frequencies and media;
6. by find is whom of way proven in any inability or ban for compete in the processes of award of frequencies of the spectrum radio for the operation of stations of radio and television of signal open, that not was detected promptly;
7. by whom found proven way the provision prohibiting the transfer, lease or disposal of the concession;
8. for technical breaches or non-payment of the obligations of the concession; 9. for breach of the objectives set out in the communication project; and, 10. By other grounds established by law. The Telecommunications Authority, prior due process, resolve the completion of the granting of frequencies of the radio spectrum for the operation of radio and television stations. In the case of the numeral 9 of this article, will be necessary to count previously with a report of the Council of regulation and development of the information and communication for such effects.
Article 113.-Prohibition of concentration-is prohibited that the natural or legal persons focus or accumulate the concessions of frequencies or signals for the operation of dies radio and television stations. The Telecommunications Authority will not award more than one granting matrix of radio on AM frequency, a frequency for FM radio array and an array of television frequency to the same natural or legal person throughout the national territory. Who is holder of a concession of radio, already is in AM or FM, can participate in those contests public for the award of not more than one frequency of wave short. In a same province a frequency for the operation of an array of radio or television may not lease to immediate family members of a dealership to have relationship to the second degree of consanguinity and second of affinity. Article 114.-Awards for repeaters of private media and community-to encourage the formation and retention of national or regional systems of private and community radio and television, the natural or legal persons who has been awarded a concession for the operation of a parent station of radio or television can participate in public tenders organized by the Telecommunications Authority , and frequency to operate exclusively as repeaters from its parent station in other provinces. To favor the development of media and contained local, whenever is enter by the concession of a frequency of radio or television, will have priority them requests for the operation of stations matrices, which will receive a score additional equivalent to the 20% of the score total of the contest in relation to them requests for the operation of stations Repeater. Article 115.-authorization for national public media repeaters-the Telecommunications Authority will reserve the third of frequencies allocated to public number needed frequencies operate the national public media repeaters. Article 116.-concession period.-the concession for the use of radio and television frequencies will be held for a period of fifteen years and will be renewable for the same concessionaire for once through direct, owing to the subsequent renovations award winning the contest organized by the Telecommunications Authority. Article 117.-anti-assignment of concessions-concessions the frequencies that are allocated to any natural or legal person for the operation of media are not part of their heritage, and therefore prohibited any act that is oriented to other natural or legal person other enjoy or benefit from the use of such concessions of frequencies. If any natural or legal person using any legal format, aims to sell, resell, transfer, third supplement - official record No. 22 - Tuesday June 25, 2013 - 21 transfer or rent concessions of frequencies granted on its behalf by the State, such transactions will be void and do not generate any right for who allegedly acquired them; on the other hand, this will be sufficient cause for the concessions are immediately revoked and the concession frequencies back to the administration of the State. The owners of the shares of the concessionaire juridical person, may not transfer or assign their actions without prior permission and in writing of the Telecommunications Authority. The beneficiary of the grant must also pay a fine to the State equal to 50% of everything that had been obtained or agreed to obtain the alleged sale, transfer or rental concession rate, without prejudice to answer civil and criminal sanctions for damage caused to individuals who seemingly would acquire rights by these illegal transactions. Article 118.-concessions to the community sector-since concessions of frequencies for the operation of community radio and television stations are awarded to organizations with legal personality and without aim of profit, whose directories change periodically, establishes that this change does not affect the right to award the organization purchased by winning the corresponding public tender, or it can be interpreted as a transfer of the concession of a few other people. Article 119.-links programming-to ensure national integration and intercultural communication, the media may become, without authorization, eventual or permanent networks freely sharing a same schedule up to two hours a day.
TRANSITIONAL provisions first.-institutions and authorities, who must appoint members to the Board of adjustment and development of information and communication shall comply with this obligation within one period not exceeding 30 days from publication of this law in the Official Gazette. SECOND.-private contracts related to the use and exploitation of the spectrum of radio and television frequencies, legitimately concluded in accordance with the constitutional and legal rules prior to publication of this law in the Official Gazette, will be respected until the completion of the term of the concession contract. THIRD.-persons appearing as dealers of frequency of service broadcasting and open TV, within thirty days from the publication of this law in the Official Gazette, shall submit to the Telecommunications Authority an affidavit stating is the concessionaire natural or legal person who uses the granting and/or operates the station authorized for at least the last two years.
Failure to comply with this provision will lead to the beginning of the process of reversion of the granting of frequency by the Telecommunications Authority. The affidavits will be given by the telecommunications authority to Council regulation and development of information and communication as soon as it enters to performance. Fourth.-the registration of social media to the Council for the regulation and development of information and communication must comply within one period not exceeding 180 days from its formation. Fifth.-the Ministry of finance, in a term not greater to 90 days from the publication of this law in the registration official, provision them resources of the budget General of the State for the Council of regulation and development of the information and communication can operate; and transfer those resources once the members of the Council for the regulation and development of communication are possessed. SIXTH.-the audiovisual media be attained progressively the obligations established for national production and national independent production within three years from the entry into force of this law, starting at 20% in the first year, 40% in the second and 60% in the third. The same graduality is apply for the broadcasting of contained music that sets the article 102, in the term of three years starting from the entry in force of this law, starting in the 20% in the first year, 35% in the second, 50% in the third. SEVENTH.-media communities, communities, peoples, nationalities and social organizations that adopted the legal figure of businesses or corporations of private law for radio and television frequencies may become community media in the run up to 180 days, then issued the corresponding regulation by the Council of regulation and development of information and communication. The Council regulation and development of information and communication has not later than 60 days from its formation to issue the regulations. EIGHTH.-within a period of up to 180 days, counted from the publication of this law in the Official Gazette, natural persons who are licensees of an open signal TV or radio frequency may act in a commercial company or a legal person without aim of profit, which prior authorisation of the competent authority shall become the holder of the concession of frequency on the terms and time limits provided for in the original contract of concession to name of the natural person; for such effects the authority of telecommunications will draw up the regulations respective. NINTH.-procedures and administrative processes that are knowledge of the CONATEL and the Superintendency of telecommunications that are 22 - third supplement - official record No. 22 - Tuesday 25 June 2013 related to the competencies of the Council regulation and development of information and communication, or the Superintendent of information and communication, established in the present law will be conducted and resolved by CONATEL and the Superintendency of telecommunications to the creation of such entities. Once formed the entities provided for in this law, shall be sent them all the formalities and administrative procedures falling within its competence. It DÉCIMA.-in accordance with the report submitted on May 18, 2009 by the Commission for the audit of the concessions of frequencies of Radio and Television, created by constitutional provision the frequencies of radio and television which have not been granted by the competent authority; those that have not initiated the operation within the time specified in the concession contract; which have not paid the rates of use of award for six consecutive months; which have been leased for more than two years or transferred in any form the use of the frequency to third parties; and, which have become stations Repeater in arrays or vice versa, will be reverted to the State by the authority of telecommunications, applying the due process established in the regulation that for these effects dictate the authority of telecommunications. Eleventh.-for the purposes of advance progressively in the redistribution of them frequencies of radio and television of signal open, them stations of radio and television, whose award of frequency is extinguish within the term of a year counted from the publication of it law organic of communication in the record official, will be so extended until it date in that the Council of regulation and development of the information and communication set the procedure for opt by a new award. Such an extension may not be greater than one year from the publication of this law in the Official Gazette. TWELFTH.-concessions for radio and television that have been granted to legal persons of public law for the operation of radio stations and television will continue to operate until the period specified in the respective concession agreement. In the future they be subject to rules established for the creation of public media established in this law. TENTH third.-it advertising that until the date in that is publish this law in the registration official has been produced and widespread in them means of communication in territory Ecuadorian, that not meets them rules for the production of advertising established in this law, may follow is spreading until by a term of a year. Once enacted the Act of communication is set within 30 days so that producers and media comply with the rules laid down for the production and dissemination of advertising on Ecuadorian territory. Tenth quarter.-in the event of death of a concessionaire natural person of a radio or television signal open frequency, the spouse and heirs will continue making use of concession rights until the same time. If these people want to participate in the contest to renew the lease of the frequency it will constitute in a legal entity, within a period of up to 180 days, and will receive the benefit of 20% of the total score that makes reference the article 105 of this Act. Tenth fifth.-them media of communication will include in its programming or editions, contained in them languages of relationship intercultural, in a percentage of at least the 5% of its programming in a term of a year, counted starting from the publication of this law in the record official. Tenth sixth.-who are working in media social or public entities have 6 years to comply with the obligations laid down in the second paragraph of article 42 of this law. The media and public entities be granted facilities schedule and any other measures required for this purpose. DÉCIMA seventh-the concessions handed over to religious organizations and that they consist as public or private, can be transformed into Community concessions, non-profit. Within these organizations, legal persons that are concessionaires of more than one matrix, the date that this law is published in the official registry and until you break the concession agreements entered into before the entry into force of this law, may apply to the Board of adjustment and development of information and communication the frequencies that correspond to the arrays, are assigned to entities that have or obtain legal status and belong to the same religious family that was operating them, provided that these frequencies are destined by the religious organization to the operation of provincial or local media. EIGHTH.-A DÉCIMA effects of channelling the prohibition provided for in the final paragraph of article 6 of this law, the national media that belong to organizations or foreign companies; have shareholders or foreign partners; and foreign legal persons who are domiciled in the Ecuador to manage social media of national character; apply the following procedure, depending on your situation: 1. shareholders, partners or foreign owners of the means of social communication of national character, whether they are natural or legal persons who do not reside legally in the territory Ecuador will have to sell all of its shares, participations or equivalent, to natural or legal persons who reside legally in the Ecuador.
2. them companies foreign that only is are domiciled in the Ecuador and to whose charge is the management of a medium of communication social of character national, must transfer the heritage of the half of communication to people natural or legal Ecuadorian or people natural foreign that reside legally in the country, with the corresponding authorization of the authority of telecommunications third supplement-record official No. 22-Tuesday 25 of June of 2013-23 when is try of media audiovisual they are dealers of one or more radio frequencies or television.
The time to conform to this standard is two years from the publication of this law in the Official Gazette. In the event that you breach this transitional provision, the competent authority shall apply the following measures, depending on the case: the Ecuadorian companies will find themselves in causal full dissolution and shall follow the procedure established in article 367 et seq. of the companies law. He State Ecuadorian will proceed to cancel the permit of operation granted to the company foreign following the procedure contemplated in them articles 406 to the 410 of the law of companies. Tenth ninth.-the companies that are in charge of social media management in which the State, through the institutions defined in article 225 of the Constitution of the Republic, be majority shareholder, shall take in not later than 180 days from publication of this law in the Official Gazette , any of the legal figures laid down in this law for the creation of public media or public media companies. Shareholders or minority private shareholders of companies that have their media manager must compulsorily alienate its portion of the equity in favour of the shareholders or partners state that most of the shares or participations. If such a sale is not concrete by the parties within the period prescribed in the preceding paragraph, the ownership of the shares or participations in question will go into a trust constituted by the Superintendency of companies and managed by the national Finance Corporation, upon resolution of seizure of the inspection body. In an additional period up to 120 days, a qualified appraiser designated by the Superintendency of companies priced fair shares or shares transferred to the trust, price that must be paid to the trust by the majority shareholders. Once completed the above, the trust will transfer the ownership of the shares or participations to the majority State shareholders and given to former minority private shareholders funds received for a fair price. Is except of this provision them companies whose package stock has been seized by the State Ecuadorian with subsequent to the year 2007 and that is are in process of sale. TWENTY-the number of new frequencies and radio and television to be obtained from the transition from analog technology to digital will be administered by the State.
TWENTY first-all concessions of frequencies that have been obtained illegally will return to the telecommunications authority administration once due process is completed. In all them cases in that is declare judicially the illegality of a concession, the State, through the Attorney General of the State, will claim mandatory it repair integral of them damage caused and the return to the State of all them benefits economic generated by the usufruct of a concession illegally obtained. The breach of this obligation will be causal political judgment of the Attorney General of the State. Third parties affected by the illegal transactions with frequencies for the operation of radio and television stations can claim through the courts to those who harmed them. TWENTY second.-all people receiving frequencies illegally until the entry into force of this law may return voluntarily to the State within the period of six months. In these cases, the State is refrain of claim repair any or return of the benefits obtained by the dealers. This exemption does not affect the right of third parties to formulate judicial claims deemed suitable. TWENTY third.-up to the date that conform the national councils for equality, the President of the National Council on children and adolescents act temporarily in the Council regulation and development of information and communication. Once be formed national equality councils, owners will elect their representative to the Council regulation and development of information and communication in one period not longer than 30 days. TWENTY fourth.-the powers and functions set out in the broadcasting and Television Law for the CONARTEL that have not been expressly conferred by this law to the Council regulation and development of information and communication or the Superintendent of information and communication, will be assumed and exercised in the terms established in Executive Decree N ° 8, August 13, 2009 by CONATEL until the issuance of a new telecommunications law or reform of this body of law, which will legislate permanently state management of the frequencies of the radio spectrum for radio, television and audio and video services by subscription.
PROVISIONS REFORMATORIAS first-suppresses the expression: "crimes and", of article 4 of the Act of broadcasting and Television. SEGUNDA.-suppresses the expression "transfer to other dealers, leasing of stations and the cancellation of concessions" from the literal d) fifth item innumerado, added following article 5 of the Act of broadcasting and Television.
24 - Third supplement - official record No. 22 - Tuesday 25 June 2013 third.-suppresses the expression "manage and", the literal to) the sixth item innumerado, added following article 5 of the law on broadcasting and Television. Fourth.-is adds "and economic" at the end of the article 37 of the Act of broadcasting and Television. QUINTA.-added "and administrative" literal d) art. innumerado added following article 5 of the Act of broadcasting and Television. SIXTH.-replaced the 1st paragraph of article 3 of the broadcasting and Television Law, by the following: ' article 3.-subject to this law, natural persons concessionaires of channels or frequencies of broadcasting and television, to be Ecuadorian or foreign residents legally in the Ecuador. " Legal persons must be Ecuadorean."
REPEALING provisions first.-repeal of the following provisions of the broadcasting and Television Act: article 5; The articles first, second, third and fourth innumerados, added following article 5; ((The literal f), g) h) e i) fifth item innumerado, added following article 5; The literal b), c) sixth item innumerado, added following article 5; Articles 6, 7, 8, 9, 10 and the first article innumerado, added following article 10; The last paragraph of article 14; Articles 15, 16, 17, 18, 19, 20, 21, 22, 24; The second paragraph of article 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 article innumerado, added after article 55; Articles 56, 57, 58, 59, 60, 61, 62, 63, 64, 65 and 66; Literals to), b), c), f), g), h) and j) and paragraphs penultimate and last article 67; and, articles 68 and 69.
SECOND.-repeal of the transitional provision sixth of the law of intellectual property, article 16 and 31 of the law of professional defence of artists, and all provisions of equal or lower hierarchy who believe preasignaciones in favour of the General Society of authors and composers - SAYCE - and the National Federation of artists professionals of the Ecuador - FENARPE-.
DISPOSAL this law shall enter into force following 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, fourteen days after the month of June of two thousand thirteen. f.) GABRIELA RIVADENEIRA BURBANO, President. f.) Dr. Libya RIVAS O., Secretary General. PALACIO NACIONAL, EN SAN FRANCISCO DE QUITO, METROPOLITAN, TO TWENTY-FIRST DAY OF JUNE OF THE YEAR ONE TWO THOUSAND AND THIRTEEN DISTRICT.
SUBJECT TO SANCTIONS AND PROMULGATED. f.) Rafael Correa Delgado, constitutional President of the Republic. He is faithful copy of the original-the certify-Quito, 24 June 2013. f.) Dr. Alexis Mera Giler, national legal Secretary.
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