Key Benefits:
ArtAculoA 1Aº.A (Object of the law).-This law aims to establish the regulation of the provision of radio, television and other audiovisual communication services.
Audiovisual communication service means a service that provides a stable and permanent offer of radio or television signals.
Therefore, you understand one or more programming, with their respective format, each one of them understood as planning and organizing, in a coherent way, a series of radio or television programs.
They are not subject to regulation in this law:
| A) | Communication services that use the internet protocol network as a platform. |
| B) | Telecommunications networks and services that transport, disseminate, or give access to an audiovisual communication service, as the resources associated with these services and the technical equipment needed for the reception of these services, which will be subject to the provisions of the telecommunications regulations. |
| C) | Telecommunications and e-commerce services that are accessed through a communication service audiovisual. |
| D) | The diffusion of audiovisual content limited to the inside of a building or a condominium of owners, or other circuit limited to spaces or commercial or social centers of an entity or company. |
ArtAculoA 2Aº.A (Interpreting of the law).-The provisions enshrined in the Universal Declaration of Human Rights, in the Constitution, are the guiding principles for the interpretation and application of this law. The American Convention on Human Rights and the International Covenant on Civil and Political Rights. In addition, the criteria contained in the judgments and opinions of the Inter-American Court of Human Rights and in the resolutions and reports of the Inter-American Commission on Human Rights will be taken into account. provided that this does not imply decreasing the protection standards set in the , in national legislation or recognized by national case law.
ArtAculoA 3Aº.A (Definitions).-For the purposes of this law, it is understood by:
Scope of coverage of an audiovisual communication service: the territory from which it is possible to receive satisfactory technical conditions of the contents disseminated by this service. In the broadcasting services, the coverage shall only be understood by the authorised territory.
Service area of an audiovisual communication service: the authorized territory.
Audiovisual or audiovisual work: the content produced on the basis of sounds, images or genes in motion (video), either separately or in combination, with or without synchronism between them.
Sponsorship, sponsorship: the form of advertising message that involves a relationship of a brand, product or service with a programming content. When a program or space is sponsored, the mention is included of the brand, product or service in the presentation and closure of the program or space.
Self-promotion, promotion: the advertising of the service provider who reports on the programming, programs, specific programming packages or advances of the contents of the network, throughout its programming.
Authorization: the administrative act that enables a given physical or legal person to provide non-satellite audiovisual communication services using radio spectrum.
Channel: the portion of the radio spectrum or band determined by the competent authority, identified by the start and end or carrier frequencies and bandwidth, which is used to broadcast one or more radio and television signals.
Granting of rights of use of radio spectrum: the administrative act that enables a certain physical or legal person to use a radio spectrum portion to provide audiovisual communication services corresponding to that medium.
Co-production: the production carried out jointly between the holder of an audiovisual communication service and an independent producer on an occasional basis, in which none of the parties contribute less than 30% (30%) of the the production budget set out in the contract.
Primary Diffuse: the act of initial public communication by which the contents of a radio or television network are placed at the same time, measured or immediately.
Network issue: the dissemination of the same audiovisual content by different audiovisual communication services, with different coverage, and is assimilated, for the purposes of this law, to the creation of a new service, which will be covered by the whole of the audiovisual communication services that distribute it. For these purposes, it is understood that there is a simulation of a content when the time schedules of its diffusion are totally or partially coincident.
Product placement: a form of advertising consisting of the use of products or services and mention or reference to brands as a natural part of the program's guide. It differs from telepromotion because there is no promotion of products, services or brands, or any of its characteristics or supposed virtues.
Television fiction: the television network dedicated to the narration of invented stories. His performance is based on a dramatic guide, with the participation of actors, directors and writers among others. Among other accomplishments, the television fiction includes movies for television, animation programs, miniseries, series and soap operas.
Economic group, economic set: it is understood that two or more people or legal persons, residents or not, form a group or economic set when they are linked in such a way that there is control of one over the others or is under the control of a physical or legal person, directly or indirectly, or have a unit in the center of decision, or belong to any title to a unique patrimonial sphere, regardless of the legal form adopted. The determination of an economic group shall be given when the undertakings or persons providing audiovisual communication services have recognised it or its existence has been tested by the competent bodies. When a physical or legal person exercises significant influence over another or when two or more of these persons are under the significant influence of a physical or legal person, directly or indirectly, they shall apply to them. the same provisions as for a group or economic group. The foregoing is of exclusive application to the provision of audiovisual communication services of the related subjects.
Program electronic: the information in electronic support about the individual programs of each of the radio or television signals, with the capacity to give direct access to those signals.
License: the administrative act that enables a given physical or legal person to provide satellite audiovisual communication services or not to use radio spectrum.
Means of communication: the mechanisms or instruments suitable for transmitting, disseminating, disseminating or propagating, in a stable and periodic form, texts, sounds or images destined for the public.
Advertising message: any form of message from an institution, public or private company or a physical person in relation to its commercial, industrial, craft or professional activity, which is issued by a communication service In exchange for a consideration, in order to promote the supply of goods or services, or the information of rights and obligations, among others. Advertising messages include advertising spots and product placement, sponsorship, telepromotion, teleshopping and other forms of non-traditional advertising.
National MAºsica: the one in which the composer, the author of the letter or his intellectual are persons of Uruguayan nationality (natural or legal) regardless of the place in which the music has been recorded or the origin of its production phonograph. For national purposes, the principal, soloist or accompanying outstanding is understood.
Audiovisual work of independent production: that whose production company, majority holder of the property rights on the work, lacks any dependency, direct or indirect, with headlines of communication services audiovisual.
A package or a basic offer of an audiovisual communication service for subscribers: the set of signs or grid, included in the lower price offer, which a provider of audiovisual communication services for subscribers offers to the clients.
PelAcula cinematogrà ¡ fica: that audiovisual work that has a duration of sixty minutes or higher, documentary or fiction, destined to be released in theaters of exhibition cinema.
A provider of an audiovisual communication service: a minimum of the holder of an audiovisual communication service.
Independent production: the one made by a company that, not being the holder of audiovisual communication services, does not belong or works exclusively for a holder of audiovisual communication services and has the independence intellectual and professional and technical capacity to produce programs with professional standards.
Program: a set of emissions of sound or audiovisual content, organized sequentially and that can be periodic, that are grouped under a title and that offer content as a block, constituting a thematic unit.
National production programs: those produced by persons with a registered office in the Republic of the Republic who have at least one of the following conditions:
| A) | Be fully or partially realized in the territory of the Eastern Republic of Uruguay and that the majority of the technical and the The majority of the artists involved in the production and their performance, without counting the extras, are residents of the country or Uruguayan citizens. |
| B) | That the Uruguay Film and Audiovisual Institute has issued them with the Certificate of Nationality of Realized Work. |
Programming: planning and organizing in a consistent way, in a series of programs. Its location and order in time, inside a frame of reference, is called a program grill, which is diffused in a given period of time or cycle of issuance.
Covert advertising: the advertising message whose format or mode of issuance is intentionally designed to confuse or mislead the audience as to the purpose of promoting a product, service or brand.
Non-traditional advertising: the advertising message issued outside the advertising campaign. It includes the sponsorship, the program micro, the microspace, the publishing, the product placement, the telepromotion, the teleshopping and the participation in the credits, among others.
Subliminal advertising: advertising that, by means of production techniques of border intensities with the thresholds of the senses or the logs, can act on the target public without being consciously perceived.
Radio: Remote transmission of sound programs.
Radiocommunication: all telecommunication transmitted by radio waves.
Broadcasting: the unilateral radio communication whose emissions are destined to be received by the public in general. These broadcasts may include radio programs, television programs, or other information.
Open Broadcasting: A mode of broadcasting in which the issue of contents is conceived for free and free reception.
Broadcasting for subscribers or through conditional access or subscription: a mode of broadcasting in which the reception in a intelligible manner of the broadcast contents must be carried out through a device or a logical device which restricts its access to the authorized receivers.
Television Broadcasting: The broadcasting of video programs with the associated sounds.
Radio radio or radio station: the broadcasting of programs only in sounds.
Re-transmission: the release of a signal from a radio or television signal, when the contents of said signal are already the object of primary diffusion and the new diffusion act is limited to the reception of the same for To put them again at the same time of the public, in a way that is both Antegra and unaltered.
radio or television signal: a radio or television program that is associated with a particular format.
It is a matter of time: those who dedicate 90% (ninety percent) of their programming specifically to a single group as a minimum. Among others, the men can be informative, musical, sports, children, documentaries or fiction.
Audiovisual communication service: a service that provides a stable and permanent offer of radio or television signals. It therefore includes one or more programming, with its respective format, each one of them understood as the planning and organization, in a coherent way, of a series of radio or television programs.
Open or open audiovisual communication service: a mode of audiovisual communication services in which the issue of contents is conceived for free and free reception.
Audiovisual communication service for subscribers or through conditional access or subscription: the audiovisual communication service that is carried out by the provider of the audiovisual communication service in which the reception in a way The intelligible content of the broadcast contents must be done through a device or logical device that restricts its access to the authorized receivers.
Radio service: radio minimum.
Broadcasting Service: the audiovisual communication service that uses radio communication whose emissions are destined to be received directly by the public. This service covers radio, television or other issues.
Television Service: TV only.
Open television service: a television mode in which the issue of contents is conceived for free and free reception.
Television service for subscribers or through conditional access or subscription: a television mode in which the reception in a intelligible manner of the broadcast contents must be carried out through a device or a logical device. that restricts their access to the authorized receivers.
Ad Tanda: the space between the schedule cut and its restart in which advertising and self-promotion messages are issued from the signal.
Telecommunications: all transmission, transmission or reception of signs, signals, writings, images, sounds or information of any nature by wire, radio, or other electromagnetic systems.
Telepromotion: a form of advertising that inserts an advertising message within a program or associates it, using its own decoration, people, environment, utility or locker room. Internal telepromotion is distinguished, when it is within the program, from external telepromotion, when the message is issued within the ad range.
Lift: the space or program that offers products or services directly to the public, the purchase of which can be effected through a telephone call or any other form of remote contact with the advertiser.
Television: Remote transmission of video programs with the associated sounds.
Issue rights holder: the physical or legal person who has the authorization of the director of a program or event to perform his or her dissemination to the public.
Holder of an audiovisual communication service: the physical or legal person who obtains an authorization or state license, to provide an audiovisual communication service under the conditions established therein.
ArtAculoA 4Aº.A (Application subjective scope).-Subject to the provisions of this law:
| A) | The holders of audiovisual communication services established in the national territory. |
| B) | The holders of radio or television signals that are established in Uruguay or whose terms or services are disseminated by the services included in the literature A) of this article. |
| C) | Non-established audiovisual communication service holders in Uruguay who market their services in a manner partial or total in Uruguay. |
The audiovisual communication services and audiovisual services that have their main headquarters in Uruguay are considered to be established in Uruguay, or the composition of their offer of audiovisual programmes and programmes is addressed. mainly to the Uruguayan market.
ArtAculoA 5Aº.A (Nature of audiovisual communication services).-Audiovisual communication services are cultural industries, carriers of information, opinions, ideas, identities, values and meanings and therefore should not be considered solely for their commercial value.
Audiovisual communication services are technical supports for the exercise of the human right to freedom of expression and freedom of information, pre-existing to any state intervention.
ArtAculoA 6Aº.A (Declaration of public interest).-Audiovisual communication services are of public interest as they constitute one of the main means of social information, allow the exercise of the the right to communicate and receive information for the full exercise of the freedom of expression of the city, the dissemination of values such as identity and cultural diversity and support for education, composing an essential system for to promote coexistence, social integration, equality, pluralism and Democratic values.
They may be provided by persons or legal persons, private or public, state or non-state, in the form of authorization or license and under the conditions set forth in this law and the respective regulations.
ArtAculoA 7Aº.A (Principles and purposes of the provision of audiovisual communication services).-In accordance with the public interest of these services, you should be able to comply with the following principles and purposes:
| A) | Exercise the right to free expression of information and opinions. |
| B) | GarantAa of people's right to access a plurality of information and opinions. |
| C) | Facilitating the democratic debate and promoting democratic participation in public affairs. |
| D) | Developing and promoting the production of national content and applications through the use of national human resources: artAstics, professionals, technical and cultural. |
| E) | Diffuse and promotion of national identity, as well as Uruguay's pluralism and cultural diversity. |
| F) | Promoting knowledge of Uruguayan cultural productions, arts, science, history and culture. |
| G) | Do not discriminate in line with the terms set by the Act No. 17,817, dated 6 September 2004. |
| H) | Support for social integration of vulnerable social groups. |
ArtAculoA 8Aº.A (Scope and limits of State regulatory authority).-The power of the State to regulate audiovisual communication services should be understood within the framework of its obligation to guarantee, protect and to promote the right to freedom of expression in conditions of equality and without discrimination, as the right of society to know all kinds of information and ideas. The exercise of the powers of the State in the face of the means of communication must make possible the broad, free and independent exercise of freedom of expression and never used as a form of indirect censorship.
ArtAculoA 9Aº.A (Right to the equitable use of radio frequencies).-The radio spectrum is a common heritage of humanity subject to the administration of States and, therefore, equitable access to by the whole of society is a general principle of its administration.
There will be no other limitation to the use of the radio spectrum than the one resulting from establishing the guarantees for the exercise of the rights of all inhabitants of the Republic, which defines the lAmites and the State intervention in its power to administer the allocation and use of frequencies.
ArtAculoA 10.A (Principles for the regulation of audiovisual communication services).-The State shall regulate audiovisual communication services by guaranteeing the rights set forth in this law, in basis of the following principles:
| A) | Promoting pluralism and diversity. The promotion of diversity is a primary objective of the regulation of audiovisual communication services, of this law in particular and of the public policies that the State develops. |
| B) | Nondiscrimination. We should guarantee equal opportunities for the access of the inhabitants of the Republic to the services of audiovisual communication, so that they can exercise their right to the information and freedom of expression with the alone exclusions that this law determines in order to support the above mentioned principle and to prevent favor cticas. |
| C) | Transparency and advertising in the procedures and conditions for granting, transferring and expiring authorizations and licences for the provision of audiovisual communication services, which allow for the effective comptroller of citizens. |
ArtAculoA 11.A (Diversity and pluralism in the audiovisual communication services system).-The State has a duty to ensure diversity and pluralism in the communication services system audiovisual, in all the fields of coverage, preventing the formation of oligopolies and monopolies, as well as recognizing and promoting the existence of commercial, public and community audiovisual communication services.
ArtAculoA 12.A (Universal access to radio and television).-The State must ensure universal access, as well as the use of open and free radio and television broadcasting services as part of a comprehensive strategy to achieve the goal of ensuring the social inclusion of the entire population and the exercise of fundamental rights recognized in the .
ArtAculoA 13.A (Development of the audiovisual content industry and applications).-The State should promote the capacity development of the national audiovisual content and application industries, promoting the cultural identity of the country, the national production and its marketing to the outside, promoting innovation, research, the generation of quality employment and decentralization, making use of technological advances, development of active public policies and a regulatory environment appropriate.
ArtAculoA 14.A (Freedom of expression and information).-In the exercise of the right to freedom of expression and information, the headlines, journalists and other workers of the communication services audiovisual have the right to seek, receive and disseminate information and ideas from all Andole.
ArtAculoA 15.A (Prohibition of prior censorship).-Prior censorship, interference, or direct or indirect pressures on any expression, opinion or information disseminated through any of the above shall be prohibited. audiovisual communication service.
ArtAculoA 16.A (Independence of the media).-Media have the right to perform their work independently. The direct or indirect pressures exerted on the communicators are incompatible with the freedom of expression, as well as the use of power and the economic resources of the State with the aim of pressuring, punishing, rewarding or privileged. to communicators and the media in function of their information lines.
ArtAculoA 17.A (Editorial Freedom).-The holders of audiovisual communication services are entitled to editorial freedom, which includes the determination and free selection of content, production and issuance of the program, in accordance with the principles and purposes recognized in this law and within the framework of the American Convention on Human Rights.
ArtAculoA 18.A (Right to issue advertising messages).-The holders of audiovisual communication services have the right to issue advertising messages, including traditional and non-traditional advertising.
ArtAculoA 19.A (Rights of broadcast exclusively for audiovisual content).-The holders of audiovisual communication services have the right to hire, exclusively, the rights of the audiovisual content, without prejudice to the provisions of this law relating to events of general interest.
ArtAculo 20.A (Shared use of a channel).-Audiovisual communication service holders may be associated to share a channel for the issuance of their signals.
ArtAculoA 21.A (Interactive services).-The holders of audiovisual communication services may offer, in a complementary manner and access to their television programming, services such as teletext and guaa Software, as well as other interactive services authorized in accordance with the provisions of this law.
ArtAculoA 22.A (Freedom of expression and right to information).-Everyone has the right to freedom of expression.
This right includes the freedom to seek, receive and disseminate information and ideas.
ArtAculoA 23.A (Right to found audiovisual communication services).-The right to freedom of expression comprises the right of all persons to found, install and operate any kind of service audiovisual communication, complying with the requirements and procedures resulting from the respective standards.
.A (Transparency).-Everyone is entitled to:
| A) | Request information regarding the procedures for granting, revoking, and renewing authorizations and licenses to provide audiovisual communication services in the framework of the Law No 18.381,17 October 2008. The State, in compliance with the Article 5Aº of the Law No. 18.381, has the obligation of active transparency regarding, among others, the information on authorizations and licenses granted of services of audiovisual communication, and must provide for the appropriate organization, systematization and availability of information in its power, ensuring easy access to stakeholders. |
| B) | That the advertising messages are clearly differentiated from the rest of the audiovisual content. All forms of commercial communication must be clearly differentiated from the programs by means of the general criteria established by the competent authority. Advertising messages defined as product placement are excluded from this incise. |
| C) | Knowing the identity of the holders of audiovisual communication services, as well as their partners or shareholders and the companies that are part of their economic group, in accordance with the provisions of Article 51 et seq. of this Law. |
| D) | Know the schedule with sufficient antelation, which in no case will be less than three days, free of charge, permanent and accessible, for which the provider of audiovisual communication services should implement the mechanisms that make it possible, such as the use of electronic software, use of web pages or other technologies allow. |
The program may only be altered by events other than the will of the audiovisual service provider or by events that come from information or from the live programming and should have warning mechanisms. appropriate that the program has undergone modifications of the last hour.
The announced schedules of the programs should be respected by the providers of audiovisual communication services, with a maximum tolerance of ten minutes, with the exception of the grounds of force majeure.
ArtAculoA 25.A (Cultural rights).-The promotion of the cultural rights of all the inhabitants of the Republic of the Republic, understanding the effective realization of the creative capabilities, is a general interest. individual and collective, the participation and enjoyment of culture in all its manifestations, in a framework of cultural diversity and democratization, especially through the services of audiovisual communication.
ArtAculoA 26.A (Users and consumers of audiovisual communication services).-Everyone has the right to provide clear, truthful and sufficient information to providers of audiovisual communication services in respect of the products and services they offer. The competent authority may require the information necessary to ensure compliance with this right.
The contract of audiovisual communication services in subscription or subscriber, as well as its rescisiation after the contractual deadlines, is free and will not require more charges to the parties than those stipulated in the same contract. There shall be no charges for the termination of the contract after the first year of the original contract has been completed.
ArtAculoA 27.A (Right to citizen participation).-The Executive Branch should establish mechanisms to guarantee the participation of citizens in the process of working and monitoring public policies. for audiovisual communication services.
ArtAculoA 28.A (Right to non-discrimination).-Audiovisual communication services will not be able to disseminate content that incites or makes apologAa of discrimination and national, racial or religious hatred, which constitute incitements to violence or any other similar illegal act against any person or group of persons, be motivated by their race, ethnicity, sex, gender, sexual orientation, gender identity, age, disability, identity cultural, place of birth, creed or socio-economic condition.
In no case should these provisions be interpreted as an impossibility to report facts, or to analyze and discuss these issues, particularly during educational, informational, and periodontic programs.
Audiovisual communication services will promote in their programming, expressions and affirmative actions and inclusive in favor of people or groups object of discrimination.
ArtAculoA 29.A (Duty of protection).-In accordance with the provisions of national legislation and international instruments, the State has the obligation to protect the rights of all children, and adolescents, ensuring the application of standards that give effectiveness to these rights in their relationship with audiovisual communication services.
ArtAculoA 30.A (Duty of promotion).-Recognizing the important function that the media plays, especially the audiovisual communication services, for the effective exercise of the rights of the children, children and adolescents, among other actions the State, in particular through the Council of Audiovisual Communication and the National Directorate of Telecommunications and Audiovisual Communication Services of the Ministry of Industry, EnergAa and MinerAa:
| A) | Incentives to the media to disseminate programs and services that aim to promote their social and emotional well-being physical and mental health. |
| B) | You will push your participation in the media. |
| C) | Developing media education plans. |
| D) | Promoting research, courses, seminars, and others to address the relationship between media and children. |
| E) | Developing mechanisms for access to public funds for the production of audiovisual content and interactive applications of specialized quality. |
| F) | Estimating good business social responsibility practices and the creation of self-regulation mechanisms means for the promotion and protection of the rights of children, children and adolescents. |
ArtAculoA 31.A (Right to Privacy).-NiAs, children and adolescents have the right to respect the privacy of their life. They have the right not to use their image in lesiva form, nor to publish any information that harms them and can give rise to the individualization of their person.
In the context of criminal acts, as in circumstances where their protection, custody, parental rights or affiliation are discussed, the audiovisual communication services will refrain from spreading name or pseudoimo, image, address, the identity of their parents or the educational center to which they belong or other data that may give rise to their individualization.
ArtAculoA 32.A (Protection Horarios).-Set the schedule of protection to children, children, and adolescents every day of the week from 6 to hour 22.
The programmes, the advertising messages and the self-promotion issued in this time by all audiovisual communication services, should be suitable for all public and should promote the educational objectives of these media communication allow you to develop.
It will be possible to establish within this schedule recommendations and guidelines for informing and orienting the population about programming in these topics, in age groups.
The exhibition of programs that promote violent, morbid, criminal, discriminatory or pornographic attitudes or behavior should be avoided, or encourage the use of esoterism, gambling or gambling.
Without prejudice to the information of the facts, the schedule issued during the time of protection to children, children and adolescents should not include:
| A) | ImA genes with excessive violence, understood as violence explAcite used inordinately or repeatedly, especially if has manifest results of injury and death of people and other living beings (murders, tortures, rapes, suicides, or mutilations). |
| B) | Truculence, understood as the presentation of ostensibly cruel or cruelty-to-cruelty behaviors, or suffering, from panic or terror, or showing signs or results of crimes in open and detailed form. |
| C) | ApologAa, exalting or inciting violence and violent behavior, crime, or criminal behavior. |
| D) | PornografAa, understood as the exhibition of materials, images or sounds of sexual acts, or their reproductions, with the end cause the sexual excitation of the receiver. |
| E) | Exhibitions of scenes with explicit, obscene or degrading sexual acts, or elements of sadomasochistic prA cticas. |
| F) | ApologAa, exalting or incitement to pornography, sexual exploitation, or sexual offenses. |
| G) | Explosive and abusive consumption of legal and illegal drugs. |
| H) | ApologAa, exalting, or inciting drug or drug use. |
| I) | Presentation as successful or positive to people or drug-addicted characters or who participate in the drug-trafficking. |
| J) | Contents that make apologAa, promote or incite discriminatory or racist acts or behaviors. |
In informational programs, in the case of situations of notorious public interest, it may exceptionally be possible to include genes of excessive violence as defined in the literalA) of this article, including explicit warnings for prevent the exposure of children to these.
In application of these provisions, the context and purpose of the programs that include these contents should be valued.
In no case these guidelines should be interpreted as an impossibility to inform, analyze and discuss, in particular during educational, informative and periodontic programs, about situations of violence, their causes or their repercussions in " The matter of citizen security or other approaches to Uruguayan reality, or issues related to sexuality, or issues related to legal and illegal drugs, or issues related to discrimination, all of them in their more varied dimensions. In particular, the present directives should not be interpreted as a limitation to the expressions arising in the debate of opinion or during political demonstrations, even if they could be considered aggressive or hurtful to the public authorities or political actors and supporters.
Programs that are not fit for all purposes should be properly seen with visual and sound signs at the beginning and during their transmission, and should be ensured that interactive services such as the electronic guas programs, include information that adequately and truthfully warns of the content of the program for the protection of children, children, or adolescents.
The program will have to be completed in accordance with the management that the Executive Branch will approve, based on the proposal of the Council for Audiovisual Communication.
The television services for subscribers may freely enable encrypted access mechanisms to enable the parental control of the non-established signs in Uruguay. Children with exclusive adult programming can never be in the open.
ArtAculoA 33.A (Advertising aimed at children, children and adolescents).-In attention to the protection of the rights of children, children and adolescents, advertising messages should not cause moral or moral harm. fAsico. Consequently, your issue will have the following limitations:
| A) | You should not directly incite children, children, and adolescents to purchase or lease products or services. your inexperience or credulity, or include any form of advertising in the language. |
| B) | You should not directly encourage children, children, and adolescents to purchase advertised products or services, or promise them rewards or rewards to win new buyers. |
| C) | It cannot be presented in a way that takes advantage of the loyalty of children, children, and adolescents, or their trust, over everything in parents, teachers or other people. It cannot undermine the authority of these people and their responsibility. |
| D) | They should not announce any form of discrimination, including anyone based on race, nationality, religion or age, In no way should it detract from human dignity. |
| E) | You should especially take into account the recommendations of the World Health Organization as far as advertising is concerned of foods with high fat, salt, or sugar content. |
| F) | Non-traditional advertising issuance in children's programs with exception of product placement is prohibited and the sponsorship. |
ArtAculoA 34.A (Advertising starring children, children and adolescents).-NiAs, children and adolescents cannot participate in advertising messages that promote alcoholic beverages, cigarettes or any other A product that is harmful to physical or mental health, as well as those who attack their dignity or physical, psychological or social integrity.
ArtAculoA 35.A (Right to accessibility to audiovisual communication services).-Persons with disabilities, in order to exercise their right to freedom of expression and information on equal terms the opportunities that the people have, they have the right to accessibility to the services of audiovisual communication.
ArtAculoA 36.A (Accessibility of people with hearing and visual impairment).-The services of open television, television services for subscribers in their own settings, and television signals established in Uruguay that are distributed by services for subscribers, should provide some of their accompanying program of subtitling systems, language of the language or audio description, especially the contents of general interest as information, educational, cultural and relevant events.
The Executive Branch, advised by the Council of Audiovisual Communication, will set the progressive implementation and the quality and coverage methods required for the performance of these obligations.
ArtAculoA 37.A (EstAmulo to audiovisual accessibility).-The Executive Branch will facilitate and promote the development of appropriate technologies, the production of national content, the training of professionals and the research in audiovisual accessibility to support the fulfilment of these obligations and to ensure the effective exercise of the rights of people with hearing and visual disabilities.
ArtAculoA 38.A (Right to access events of general interest).-The right to information includes the right of the public to access the reception through an open television broadcasting service, in direct, in simula and free of charge, of certain events of general interest to society.
ArtAculoA 39.A (General Interns Events).-In case of broadcast by television, events involving official activities of national soccer teams and bà ¡ squetbol in defining instances of international tournaments and in qualifying instances for the same, should be issued through a broadcast service in open and live television and simulates.
For these events, the exercise of exclusive rights will be limited in those localities of the national territory where this condition is not met. In these cases, and when no other provider is interested in the issue, the National Radio and Television System will have to take charge of guaranteeing the right established in the preceding article, provided that it is technically necessary. possible and in the relay mode.
The Executive Branch may exceptionally be able to include additional events in this modality through a resolution founded and prior to the report of the Audiovisual Communication Council.
ArtAculoA 40.A (Conditions of issuance or retransmission of general interest events).-In case no holder of open television broadcasting services was interested in acquiring the Rights of issuance or broadcasting, the rightholder should authorize the Public Radio and National Television System to broadcast the event free of charge. This retransmission should be performed in an uninterrupted manner, including the advertising messages incorporated in the seat provided by the rightholder.
If the organizer of the event is not established in Uruguay, the obligation of access will be granted to the holder of the exclusive rights that will assume the live broadcast.
ArtAculoA 41.A (Activity of journalists and audiovisual communication services workers).-The activity of journalists and workers in audiovisual communication services will be promoted and exercised with the rights, responsibilities and guarantees established by the and laws, in particular the provisions of the" href="areuelveref.aspx "?Law, 16099//HTM"> Law No 16,099of 3 November 1989, and in the Law No. 18,515, of June 26, 2009, as applicable.
ArtAculoA 42.A (Objection to journalists ' awareness).-Journalists will have the right, in the exercise of their profession, to refuse to accompany with their image, voice or the name of their self-authority that they have been substantially modified without their consent.
ArtAculoA 43.A (Action for protection of rights in communication).-Any physical or legal person may establish a judicial action in order to establish the relevance of the application Sanctions and the determination of your cuantAa, for the violation of the rights of the persons established in the articles 28, 31, 32, 33 and 34 of this law.
The Audiovisual Communication Council should be deduced from it as long as the theses mentioned in the following article are configured.
The audiovisual communication services regulated by this law may also initiate judicial action in order to establish whether an information, expression or communication piece disseminated violates the rights of individuals. set out in Articles 28, 31, 32, 33 and 34 of this Act.
ArtAculoA 44.A (Source, competition, and term for the drive).-The protection of rights in the communication will be against any dissemination of information, expression or communication piece made by the audiovisual communication services reached by this law, in violation of the rights of the persons established in articles 28, 31, 32, 33 and 34 of this law; in which case, the judge shall be required to establish whether the effective violation of the tutored rights and the application, in consequence, the penalties provided for in Title X of this Law.
The competent Judges of First Instance in the Civil Capital, and the Letrated Judges of First Instance in the rest of the country, shall be competent.
The intervention of this action does not prevent the exercise of emerging criminal and civil actions, nor does it constitute a condition for the exercise of such actions.
In all cases, the demand should be brought within one hundred and eighty days from the date of the diffusion characterized in the first inceA of the present article. He would not run the term for the right holder allegedly violated, if he were prevented for just cause.
ArtAculo 45. (procedural aspects).-In what is not expressly provided for, the provisions of the extraordinary procedure (ArtAculoA 346 et seq. of the General Code of the Process).
ArtAculoA 46.A (Start of procedure).-Demand will be presented with the formalities prescribed by the article 117 of the General Code of the Process. You must be accompanied by a copy or record of the issue that originated it, or the individualization of who could provide it or, in its defect, the indication of the audiovisual communication service that issued it, the dAa and time of the diffusion, if possible. The remaining test media to be used will also be indexed.
The documentary evidence will necessarily be accompanied by the demand.
The Judge may ask the Council for Audiovisual Communication.
Unless the action is manifestly inappropriate, in which case the Judge will reject it without substantiation, it will be given to the holders of the license, authorization or registration of the audiovisual communication service by the term of Fifteen days of the day, unextendable and peremptory.
ArtAculoA 47.A (Content of the hearing).-Contained the claim, or expired to do so, the Judge shall immediately arrange for the prosecution of the evidence requested by the parties and cannot be received at the hearing, in such a way as to the date of the hearing, that evidence is completed.
In the same decree, you will convene a single hearing within seven days of the session, which shall be governed by the provisions of Article 346 of the General Code of the Process.
The Judge may give final judgment in the hearing or out of the hearing and within the following three days. In this latter case, at the same hearing, the date of delivery shall be fixed.
The statement will be electronically notified on the same given day. In those cases where the electronic communication has not been implemented, the final judgment shall be notified in the homes made up of cars for such purposes.
ArtAculoA 48.A (Statement content).-The definitive statement should:
| A) | Set whether to host or disesteem the installed action. |
| B) | In case of reciprocation, set the penalties that should be met by the respondent audiovisual communication service, an agreement as set out in Title X of this Law. |
| C) | In case of application of the penalty penalty, the amount of the penalty and the obligation to pay it to the Council of Communication Audiovisual. |
ArtAculoA 49.A (Adoption of interim measures).-If the request, or at any other time in the process, results, in the judgment of the Judge, the need for his immediate action, this will have, with no provisional measures, the measures corresponding to the allegedly violated right.
ArtAculoA 50. (Appeal Resource).-In the process of Protection of Rights in the Communication only the final judgment will be appealed and the one who rejects the action for being manifestly inappropriate.
The appeal must be filed in writing, within the period of three days. The Judge shall raise the orders of the superior when he has dismissed the action by manifest improvence and shall bear it with a transfer to the counterparty, for three peremptory days, when the judgment in appeal is the definitive.
The action of the appeal shall not suspend the measures decreed, which shall be fulfilled immediately after the judgment has been served, without having to wait for the period for its challenge.
ArtAculoA 51.A (Monopolies and oligopolies).-Monopolies or oligopolies in the ownership and control of audiovisual communication services conspire against democracy by restricting pluralism and diversity. ensures the full exercise of the right to information of persons. It is the duty of the State to implement appropriate measures to prevent or limit the existence and formation of monopolies and oligopolies in audiovisual communication services, as well as to establish mechanisms for their control.
ArtAculoA 52.A (Register of Audiovisual Communication Services).-The Register of Audiovisual Communication Services with the aim of ensuring transparency in the ownership of communication services audiovisual and including information of the holders who have authorization, license or registration to provide such services, with the characteristics that the Council of Audiovisual Communication will be able to set out in a timely manner.
The Register will be public, permanently updated, and available to the population by electronic means with free of charge.
This will be included in the Registry:
| A) | The holders of authorizations and licenses to operate in Uruguay for different types of communication services audiovisual. |
| B) | The holders of radio or television signals established in Uruguay. |
| C) | The national representatives of the holders of non-established audiovisual communication services in Uruguay, who are spread or distribute through an electronic communications service under Uruguayan jurisdiction and that market their services or sell advertising on national territory. |
| D) | National representatives of radio or television network holders not established in Uruguay whose dissemination or distribution will be carried out by an audiovisual communication service established in Uruguay. |
ArtAculoA 53.A (Limitations to the entitlement of radio and television services open).-A private person or legal person may not benefit from the entitlement, total or partial, of more than three authorizations to provide open radio or television broadcasting services, and no more than two to provide open radio services in the same frequency band †"modulated amplitude (AM), frequency modulated (FM), television,", throughout the national territory.
It is understood that a private person or legal person is partially holder of an authorization to provide open broadcasting services when he is not the sole holder of it, but shares it with other persons or other persons legal, personal or in a societarian form, or it is the owner of shares or shares of a company that holds a broadcasting authorization or is part of an economic group that has persons or companies that hold such shares authorizations.
Also, it will be considered that a private person or legal person is fully or partially the holder of the authorization to provide open broadcasting services when carrying out acts relating to such ownership through interment person.
The new authorizations for radio broadcasting services opened in the FM and open television band of the commercial and community sectors will have scope, at most, departmental. For the case of the department of Montevideo, the metropolitan area is considered to be defined by the National Institute of Statistics. The Regulatory Unit of Communications Services (Ursec) will ensure in its identification of radio channels and meters of transmission by the fulfillment of this incisoa within the possibilities that the technology provides.
ArtAculoA 54.A (Limitations to the ownership of television services for subscribers).-A private legal person or legal person may not benefit from the full or partial ownership of more than six authorizations or licenses to provide television services for subscribers in the national territory or more than one authorization or license for the same or similar to local coverage. The number of six authorizations or licenses will be reduced to three in the event that one of the authorizations or licenses includes the department of Montevideo.
It is understood that a private person or legal person is a partial holder of an authorization or license to provide television services for subscribers when he is not the sole holder of it, but shares it with other persons or other persons. fAsks or jurAdic, personal or in a corporate form, or is a member of a company holding an authorization or a television license or a member of an economic group that has persons or legal persons who are the holders of such authorizations or licenses.
Also, it will be considered that a private person or legal person is, in whole or in part, the holder of an authorization or license to provide television services for subscribers when he or she carries out acts relating to such ownership through person.
ArtAculoA 55.A (Limitations to the number of subscribers of television services for subscribers).-The total subscribers of the television companies for subscribers authorized throughout the national territory It may exceed 25% (25%) of the total number of households with television for subscribers of the entire country.
The total subscribers of television companies for licensed subscribers throughout the national territory will not exceed 35% (thirty-five percent) of the total number of television households for subscribers in each territory where they exist. other minor authorisations or licenses.
In both cases the total number of households with television for subscribers will be determined according to the data of the last population census of the National Institute of Statistics.
ArtAculoA 56.A (Incompatibilities for the provision of audiovisual communication services). The persons or legal persons who provide audiovisual communication services regulated by this law may not, in turn, provide telephone telecommunications services or data transmission services. This incompatibility reaches the persons, fAscas or jurAdic, members of the legal persons involved.
What is established in the preceding incident is without prejudice to the marketing agreements that may be concluded, offered on equal terms to all interested parties.
No physical or legal person may be the holder, in whole or in part, simultaneously, of a license to provide television services for satellite subscribers of national scope and of authorizations to provide broadcasting services. open, as well as other licenses to provide television services for subscribers.
ArtAculoA 57.A (Control of the incompatibilities).-The Council of Audiovisual Communication may recommend the adoption of measures by the Executive Branch, which aim to guarantee the compliance with the limitations set out in this Chapter.
The persons and legal persons who intend to execute an act or business which may be contrary to the provisions of limitations to the ownership of authorizations and licenses may formulate the appropriate consultation with the Council of Audiovisual Communication on the compatibility with the provisions of this law. The consultation should include all the data necessary to assess the nature and effects of the action, and in particular the identifying data of the parties involved.
The Audiovisual Communication Council will issue a report within sixty days of the entry in your registry of the consultation. Such a report will have to deal with the adaptation or not of the act or act to the provisions of this law, may advise those modifications or fix those conditions that are precise for the act or the action to satisfy the adaptation.
Without prejudice to the sanction which, if any, may be imposed, acts or contracts executed against the provisions of this Chapter shall be absolutely void.
When, as a result of oversold circumstances arising from business concentration operations, succession in the event of death or other forms of transfer, the provisions of the provisions of the law in the (a) the provisions of this Regulation shall be subject to the conditions laid down in Article 1 (2) of Regulation (EU) no 12122014
the European Parliament and of the Council [3).During this period, the persons and legal persons in whom the circumstances indicated in the preceding paragraph are present may not exercise the rights corresponding to the shares they have acquired and those and the companies in which they are participate, be disabled to participate in competitions for the granting of authorizations, licenses or registrations for the provision of audiovisual communication services provided for in this law. As set out in this IncisoA and in the above, it is without prejudice to the application of the law in matters of defense of the competition, in everything that is not contrary to the provisions of this law.
ArtAculoA 58.A (LAMites for community radio concentration).-The lAmites to the hub for community radio service case are those set in Law No. 18232, dated December 22, 2007.
ArtAculoA 59.A (Broadcast of radio or television signals).-Any radio or television broadcasting service that repeatedly or permanently retransmits programs originated by other signals Radio or television, respectively, should request the authorization of the Audiovisual Communication Council.
Private radio or television broadcasting services may not exceed 70% (seventy percent) of their daily broadcast time in the transmission of another radio or television network respectively. The Executive Branch may exceptionally authorize a percentage of major daily transmission time on the basis of a report from the Audiovisual Communication Council to, as a maximum, two audiovisual communication services for each year. original.
ArtAculoA 60.A (Promotion of national television production).-Open television services, television services for subscribers in their own network, and television signals established in Uruguay that are distributed or distributed by services for subscribers with authorization or license to act in our country should include in their program, national production programs according to the following criteria:
| A) | Commercial TV services: |
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| A At least 60% (sixty percent) of the total program issued for each service should be of national production or production, without counting advertising and self-promotion. A percentage of this program, which will be determined in the regulation, will be of local or own production taking into account the different reality of the television of the interior and Montevideo. |
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| B) | Public TV services: |
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| A At least 60% (sixty percent) of the total program issued should be of national production or co-production, without counting advertising and self-promotion. |
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| C) | Common guidelines for commercial and public TV services: |
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| A At least 30% (thirty percent) of the national program In the case of the above, it is not possible to concentrate a single independent producer of 40% (40%) of that percentage on the same basis of the same broadcasting service. television. |
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| A minimum of two hours per week of the issued schedule should be In the case of television or film releases, the number of films and, of these, at least 50% (50%) should be independent production. In order to fulfill this requirement, the beginning of the issuance of these programs should be between the 19 and the 23rd hour, which will not apply to the case of fiction intended for children, children and adolescents. Within this program, the program should be programmed as a minimum two films for national production and, in this case, each hour of the program will be counted as four for the purposes of the percentage. |
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| A minimum of two hours per week of the issued schedule should be be cultural agenda programs, understood by those who promote events and current events in the creative industries, such as theatre, dance, visual arts, museums and heritage, music, books, film, video games, design, etc. At least 50% (fifty per cent) should be devoted to national creative industries. To meet this requirement, the beginning of the issuance of these programs should be between the time of the 19th hour and the 23rd hour. |
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| A For targeted education or education national programs specifically to children, children and adolescents each hour of the program will be counted as an hour and a half for the purposes of the percentage of the percentage. |
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| A The value of repetitions of national production programs to The effects of the percentage of the percentage will be set in decreasing form (first repetition, second, third and subsequent) in the regulation of this law. |
| D) | topic TV signals: |
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| The regulation of this law will adapt the National contents in a specific way for television signals. | ||
ArtAculoA 61.A (National radio production promotion).-Open radio broadcasting services, services for subscribers in their own radio signals and radio signals established in Uruguay that is distributed or distributed by services for subscribers with authorization or license to act in our country should issue at least 30% (thirty percent) of national music of the total of its musical programming. This includes authors, composers, or national intals, in the various existing musical groups.
In the case of clearly defined musical radio stations, a program or programs or daily musical selections should be implemented, covering two hours of broadcast as a minimum, intended for the dissemination of National means to cover within the profile established by the broadcaster. The same should be issued between time 8 and hour 23, without prejudice to repetition in other times.
ArtAculoA 62.A (Promotion of the audiovisual communication sector).-Crate in the Incisoa 08 "Ministry of Industry, Energy and MinerAa", which will administer it, the program " Fund of Promotion of the Sector of Audiovisual Communication " in order to promote and promote the development of the audiovisual industry. The program will open with two projects: one for operating expenses and one for investment.
The Fund shall be financed from the resources set out in Articles 187 and 188 of this Law.
Resource allocation will be performed through open, transparent, public contests.
ArtAculoA 63.A (Powers of the Executive Branch).-In the field of audiovisual communication services it is the exclusive competence of the Executive Branch, through the Ministry of Industry, Energy and MinerAa, to set the National policy for audiovisual communication services.
It is directly incumbent on the Executive Branch:
| A) | Approving conventions with foreign entities regarding audiovisual communication services. |
| B) | Grant the concessions, licenses, and authorizations required for the provision of audiovisual communication services, in The invention also concerns the operation of radio stations of modulated amplitude (AM), modulated frequency (FM), open television and television for subscribers, prior to the report of the Council of Audiovisual Communication and the National Directorate of Telecommunications and Communication Services Audiovisual. |
| A Tambiemas will require prior report from the Communications Services Regulatory Unit (Ursec) when the service uses radio spectrum or a telecommunications network of its own, in accordance with the provisions of Article 119 of this Law. |
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| C) | Refresh, revoke, and declare the expiration of the concessions, licenses, and authorizations to provide the communication services audiovisual, prior to the report of the Council of Audiovisual Communication and the National Directorate of Telecommunications and Audiovisual Communication Services. |
| D) | Authorizing transfers of the ownership of audiovisual communication services, prior to the report of the Council of Audiovisual Communication and the National Telecommunications and Audiovisual Communication Services. |
| E) | Set the prices that should be paid by audiovisual communication services, by using or using radio frequencies. |
| F) | Apply the penalties provided for in the literals (E) and (F) of article 181 of this law. |
| G) | Convening, through the Audiovisual Communication Council, the so-called public and open to interested in obtaining a authorization or license to provide audiovisual communication services and the respective concession of use of radio spectrum in case of reciprocation. |
| H) | Approve the base documents and conditions for the selection of interested in providing audiovisual communication services. |
| I) | Authorizing exceptions to the daily radio signal relay time limit. |
| J) | Approve the listing of general interest events. |
| K) | DemA s competencies expressly attributed in this law. |
ArtAculoA 64.A (Competences of the Ministry of Industry, Energaa and MinerAâ € " National Directorate of Telecommunications and Audiovisual Communication Services).-In the field of audiovisual communication services, It is the competence of the Ministry of Industry, Energaa and MinerAa, through the National Directorate of Telecommunications and Audiovisual Communication Services:
| A) | Making proposals and advising the Executive Branch on the national policy of communication services audiovisual and its instruments, such as formulation of bills and decrees, in relation to the regulatory framework of the sector. |
| B) | Advising the Executive Branch on the policies and criteria for granting concessions, licenses and authorizations to provide audiovisual communication services. |
| C) | Dictate, in grant procedures, authorization, transfer, renewal, revocation, and expiration declaration of the concessions, authorizations and licences for the provision of audiovisual communication services and the application of penalties provided for in Articles A (E) and (F) of Article 181 of this Law. |
| D) | Advising in the process of setting the general interest event listing. |
| E) | Advising the Executive Branch regarding international conventions or other aspects falling within its competence or related to her. |
| F) | Promoting and promoting the audiovisual industry. |
| G) | Administer the "Audiovisual Communication Sector Promotion Fund" Program created in the IncisoA 08 Ministry of Industry, Energaa and MinerAa. |
ArtAculoA 65.A (Competencies of the Communications Services Regulatory Unit (Ursec)).-In the field of audiovisual communication services it is up to you to:
| A) | Advising the Executive Branch and the Council of Audiovisual Communication on all matters of use, control, monitoring or monitoring of the radio spectrum and the technical parameters for the operation of audiovisual communication services using such a resource, as in any other matter within the scope of its powers, when the rules in force are in place and as long as they are required organisms. |
| B) | Control installation and operation, as well as the quality, regularity, and coverage of communication services audiovisual, in the technological aspects of these. |
| C) | Fiscalize, administer, defend, and control the use of radio spectrum by communication services audiovisual. |
| D) | Exercise the technical and operational performance of radio and television broadcasts. |
| E) | Apply the penalties for violations committed within the framework of your competencies, as provided by the Law No 17296of 21 February 2001, in the wording given by the Law No. 18,719, dated December 27, 2010. |
| F) | Fulfill any other task that is committed to you by law or by the Executive Branch. |
ArtAculoA 66.A (Audiovisual Communication Council).-Crase as an unconcentrated Executive Power, without prejudice to its capacity for an audiovisual communication, the Council of Audiovisual Communication, which will be responsible for the application, supervision and enforcement of the provisions of this law and its regulation in all that is not under the jurisdiction of the Executive Branch or the Ursec.
ArtAculoA 67.A (Finality).-Acts of general interest, protects and promotes the exercise of the right to freedom of expression, the right to information and the cultural rights of all persons and providers of audiovisual communication services in accordance with the legal frameworks in force.
ArtAculoA 68.A (Competencies).-
| A) | Develop your internal operating rules. |
| B) | Monitor the policies and media management of the National Radio and Television System (SPRTN). |
| C) | Studying and monitoring operation and promoting and stimulating industry development. |
| D) | Velar by the promotion of the media literacy in the audiovisual field in order to promote the acquisition of The most effective media competence on the part of the population. |
| E) | Develop an audiovisual observatory systematizing the main statistical data concerning companies, agents and Consumers in the sector, both nationally and internationally. |
| F) | Advising the Executive Branch and its competent agencies by providing input for the formulation, instrumentation and implementation of the audiovisual communication policy. |
| G) | enforce this law, its regulations, resolutions emanating from it, and the enabling acts of the providing services, within their competence and without prejudice to the powers of the Executive Branch and the Ursec in this field. |
| H) | Fiscalize respect for people's rights. |
| I) | Advising, participating in the elaboration and monitoring the policies for the protection and promotion of the rights of the children, Children and adolescents in audiovisual communication services. |
| J) | Developing the regulations and specifications of bases and conditions that will govern the calls to interested in providing services Audiovisual communication, with the technical advice of the Ursec, and with the non-binding advice of the Honorary Commission of Audiovisual Communication Services (Chasca). |
| K) | Prior authorization of the Executive Branch, make the public and open calls interested in obtaining an authorization or license to provide audiovisual communication services and the respective concession of use of radio spectrum, in case of reciprocation. |
| L) | Convocation, next to the Ursec where applicable, the queries or public hearings provided for in this law and those it deems necessary, giving due publicity to these. |
| M) | Fiscalize and verify compliance with the obligations under this law and the commitments made by the providers of audiovisual communication services in the legal, administrative, content and communication projects. |
| N) | Maintaining international links with entities of similar competence, proposing to the Executive Branch the participation in international bodies and advise them on international conventions, within their scope of action. |
| A ') | Advising in the procedures for granting, authorizing, transferring, renewing, revoking, and declaring expiration of concessions, authorisations and licences to provide services within their competence, which should be based on the general principles of advertising, equality and non-discrimination. |
| O) | Dictate particular rules and instructions about the operation of services within your jurisdiction, according to established by the sectoral policies and the objectives set out in this law, and may require the public and private providers to inform them that it is relevant to the fulfilment of their aims. |
| P) | Secure user and consumer rights, according to the Act No. 17250, of 11 August 2000, in the services within its jurisdiction. |
| Q) | To initiate, when deemed relevant, the Action of Protection of Rights in the Communication, to ensure the full enjoy the rights of the persons recognized in the Articles 28, 31, 32, 33 and 34 of this Law, in accordance with the provisions of Articles 43 to 50 of Chapter IV, Chapter VI of this Law. |
| R) | Apply all the penalties set forth in the corresponding Capaculo of this law, except those that are exclusive jurisdiction of the Executive Branch and those that apply the Judiciary, for the violation of the rights of persons recognized in the Articles 28, 31, 32, 33 and 34 of this Law. |
| S) | Keep the public access records created by this law updated. |
| T) | Receive your annual balance sheets with sufficient and audited accounts from the audiovisual communication service holders time and form that will have the regulation, which will be treated in the terms that sets the Law No 18.331, dated 11 August 2008. |
| U) | Prevent and discourage monopulics or oligopulics, anticompetitive, predatory, or abuse behavior dominant position. |
| V) | Implementing mechanisms for the arbitration of disputes arising between market players in the services of audiovisual communication. |
| W) | Monitor the fulfillment of the SPRTN tasks and the adequacy of the required public resources for this. |
| X) | Call the Chasca annually for the purposes of presenting a management report. |
| Y) | Recommend to the Executive Power new general interest events for the society to include in the scope and with the conditions Article 39 of this Law and the audit that the exercise of the exclusive rights for the issuance or retransmission of such events does not prejudice the exercise of the right to access to them. |
ArtAculoA 69.A (Institutionality).-The Audiovisual Communication Council will be administratively linked to the Executive Branch through the Ministry of Industry, Energaa and MinerAa and will act with autonoma Technical.
For the purposes of complying with artAculosA 118 and 119 from Decree-Law No 15,524, dated January 9, 1984, the Law No 15,869, of 22 June 1987 and the Articles 40, 41 and 42 of the Law No 17.292,25 January 2001.
ArtAculo 70.A (Financing).-For the performance of its tasks, the Audiovisual Communication Board will have the following resources:
| A) | The fees and charges you receive from public or private operators who develop activities within their competence, in accordance with the provisions of Article 188 of this Law. |
| B) | The production of the fines that you apply. |
| C) | Assignments that are attributed to you by budget provisions. |
| D) | The legacies and donations that are made in your favor. |
| E) | Any other that is assigned to you or that results from your management. |
ArtAculoA 71.A (Integration).-The Audiovisual Communication Council will be composed of five members, including a president.
The president will be in charge of the representation of the Audiovisual Communication Council.
The Council will have the secondary computer quality of expenditure and payments.
ArtAculoA 72.A (Profiles).-The members of the Audiovisual Communication Council should demonstrate experience, qualification and suitability for the function of the performance and in the defense of the rights to the freedom of expression and information.
It will not be possible, until three years after the end of the cessation, to hold public posts of particular political trust or elective public charges.
The holders of the said posts shall have the right to receive the allowance as set out in the final number 2 of the Article A (2) (c) of Article 35 of the so called institutional act No 9 of 23 October 1979 in the wording given by the article 5Aº of the Law No 15,900, dated 21 October 1987, with the amendments to the single article of the Law No 16195, of 16 July 1991, in the terms and conditions of the arrangement.
When at the time of their design they will occupy other public posts, they will be suspended on the same basis from their acceptance and for all the time they act as members of the Council, according to the article 21 of the Law No 17,930, dated December 19, 2005.
Will be included in the obligation set in the item 10 and below of the Law No 17,060, dated 23 December 1998.
ArtAculoA 73.A (Incompatibilities).-The Audiovisual Communication Council member charge is incompatible with:
| A) | The exercise of activities that might affect your independence or impartiality; |
| B) | Having direct or indirect links with companies or commercial enterprises linked to radio, television, advertising, telecommunications or communication; |
| C) | The exercise of other paid, public or private activity, except for teaching or academic research; |
| D) | The exercise of managerial or advisory functions or positions in political parties, trade unions, commissions, associations, civil or commercial companies, foundations or the like; |
| E) | The political party and union or union political activity, with exception of the vote. |
You will not be able to exercise functions, managerial or advisory positions, or other functions in companies or commercial ventures linked to radio, television, advertising, telecommunications or communication, up to a year later. of the end of your command.
ArtAculoA 74.A (Designation).-The President of the Council shall be appointed by the President of the Republic in agreement with the Council of Ministers, and the remaining four members shall be elected by the General Assembly. on a reasoned proposal under the personal, functional and technical conditions, by a number of votes equivalent to 2/3 (two thirds) of its members.
If this number of votes is not obtained, for all or some of the charges, the General Assembly will be summoned to a new session within the next sixty days, and in this last case the assent of the Absolute majority of the members of the General Assembly.
ArtAculoA 75.A (Proposal).-The General Assembly shall integrate a nine-member Special Commission composed of all political parties with representation at that, with the task of formulating the proposals of candidates, according to the following procedure:
| A) | Within the fifteen days following the constitution of the Commission, the members of the General Assembly may propose, in Founded form, pre-candidates conforming to the qualities described in article 72 of this law. |
| B) | Within the following thirty days, the Commission may invite and receive particular citizens or social organizations to hear proposals or to gather opinions on the candidates. |
| C) | In the course of the following thirty days, the Commission will proceed to raise the proposal of the General Assembly to the decision of the General Assembly. of the candidate, resolution that in the Commission should be adopted by two thirds of its members. |
If this number of votes is not obtained, for all or some of the charges, the Commission will be given a new session within the next fifteen days, and in this last case the majority vote will be required. absolute of its members.
ArtAculoA 76.A (Command).-Members of the Audiovisual Communication Council with the exception of the president, will perform their positions in total dedication and for a term of six years, and may be extendable, for the only time, for a period not greater than three years.
The outgoing members will remain in their roles until they assume the new designated members.
The President of the Council shall remain in office until the end of the term of office of the President of the Republic who appointed him.
ArtAculoA 77.A (Cese).-Members of the Audiovisual Communication Council will cease for:
| A) | Expiration of the term of your appointment, without prejudice to cases in which you extend until you assume a new member. |
| B) | Overcoming Incapacity. |
| C) | Renunciation accepted. |
| D) | For having been convicted, by a firm sentence, for crime with penitentiary penalty. |
| e) | Remove from any of the following causes: |
| 1. | Act with notorious negligence in compliance with obligations and duties of the charge. |
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| 2. | Haber incurred in serious misconduct to the duties inherent in the charge. |
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| 3. | Overcoming Incompatibility in case you did not present (a) to be waived or left without effect, in accordance with the provisions of Article 73 of this Law. |
The President of the Council of Audiovisual Communication may be dismissed by the President of the Republic acting in the Council of Ministers. The remaining four members may be dismissed by the General Assembly for the absolute majority vote of its members and in public session in which the defendant may exercise his or her defense.
In case of resignation, it should be submitted to the Council of Audiovisual Communication who, if accepted, will communicate it to the Presidency of the General Assembly.
In any of the eesc hippies, a substitute shall be designated in accordance with the intended procedures and, until the design is made, the Council shall function with the number of other members.
ArtAculoA 78.A (Tax).-The monthly remuneration of the President of the Audiovisual Communication Council will be 80% (eighty percent) of that granted to the State Secretary, while the the remaining members shall be equal to 70% (70%) of that remuneration.
ArtAculoA 79.A (Honorary Committee of Audiovisual Communication Services (Chasca)).-Crate the Honorary Commission of Audiovisual Communication Services that will act independently and in the Administrative office of the Council of Audiovisual Communication. It will be consulted preceptively for the elaboration of the rules of the present law, the documents and procedures for granting authorizations and licenses and the consideration of the applications submitted, as in the cases in which the Power Executive or the Council of Audiovisual Communication considers it relevant. Additionally, the Commission may generate non-binding advice on all matters referred to in this law.
.A (Integration).-The Honorary Commission of Audiovisual Communication Services will be composed of the following seventeen honorary representatives: a representative of the Ministry of Industry, Energaa and MinerAa, who will preside over it; a representative of the Ministry of Education and Culture; a representative of the University of the Republic; a rotating representative of the recognized private universities holding the races Two representatives of the service holders of the Two representatives of the operators of the audiovisual communication services; two representatives of the audiovisual media services; two representatives of the audiovisual media services; two representatives of the audiovisual media services; two representatives of the audiovisual media services; production of audiovisual content; three representatives of non-governmental organizations that aim to study, promote and defend the freedom of expression, the rights of children, children and adolescents, women and children. removing all forms of discrimination; a Representative of the Institute of the NiA and Adolescent of Uruguay and a non-legislative member appointed by the General Assembly, all with their respective alternates.
ArtAculoA 81.A (Committed).-The Honorary Commission of Audiovisual Communication Services will have the following tasks:
| A) | Develop your internal operating rules, which should be approved by the Audiovisual Communication Council. |
| B) | Participate in the elaboration of the regulations of this law and of the documents and procedures for granting authorizations and licenses. |
| C) | Participate in the elaboration of the guidelines to implement the evaluation criteria for the submitted requests. |
| D) | Issue opinion on all the terms and procedures for granting authorizations and licenses for the provision of the audiovisual communication services, in relation to all aspects of the application and its compliance with the obligations set out in this law. |
| E) | Vellar by the advertising and access of any person to know the actions that are substantiated in those procedures, whenever the state of these permits. |
| F) | Recommend the means for the dissemination and advertising of requests. |
| G) | Chair the public hearings provided for in this law, convened by the Audiovisual Communication Council and the Ursec. |
| H) | Issue opinion in all comptroller procedures performed by the Audiovisual Communication Council and the Ursec are intended to determine whether the service provided complies with the conditions and commitments laid down in this law. |
| I) | Raise the proposed Executive Power of candidates to integrate the Audiovisual Communication Council. |
| J) | Receive once the aA ± or a detailed management report from the Audiovisual Communication Council. |
ArtAculoA 82.A (Operation).-The Honorary Commission of Audiovisual Communication Services (Chasca) will produce in accordance with the provisions of Article A (A) of the previous article its own rules of procedure In the absence of the representative of the Ministry of Industry, Energa and MinerAa, the Presidency will be held by the representative of the Ministry of Industry, the Committee of the European Economic and Ministry of Education and Culture; the reports I have made The Commission shall, in accordance with Article 1 (2) of Regulation (EC) No 2nd/4, record its observations on the basis of its observations, which shall be based on the opinion of its members, which shall be submitted to the Commission in accordance with the procedure set out in Article 3 (2). The president will have a double vote.
The Rules of Procedure will also determine how often sessions will be held, which will be documented through the minutes.
The Audiovisual Communication Council will provide the budget and human, administrative and technical resources needed for the operation of the Chasca.
ArtAculoA 83.A (from the Honorary Advisory Council of Community Broadcasting and the Honorary Commission).-The Honorary Commission of Audiovisual Communication Services replaces the Council Honorary Community Broadcasting Advisor, created by the Law No. 18232, of 22 December 2007, and the Honorary Commission Independent Counsel, created by Decree No. 374/008 of 4 August 2008, to exercise the tasks and functions of those.
ArtAculoA 84.A (Atribución).-Atribesse to the National Institute of Human Rights and Ombudsman, created by the Law No. 18,446of 24 December 2008, the task of defending and promoting the rights of persons recognized in this law.
.A (committed).-In addition to those set by the Law No. 18,446, of 24 December 2008, the National Institute of Human Rights and Ombudsman's Office shall have the following tasks:
| A) | Defender and promote the rights of people to and before audiovisual communication services, in particular their right to disseminate, search and receive ideas and information. |
| B) | Promote the extension and universalization of citizen access to audiovisual communication services. |
| C) | Veloing by providing regularity, continuity, and quality of services. |
| D) | Vellar for the conditions that ensure free choice for users among the various providers, based on information clear, truthful and sufficient. |
| E) | Receiving and handling complaints about the possible departure of the audiovisual communication services regulated by the present law, with respect to the provisions that recognize and guarantee the right of persons. |
| F) | Promote the education of the city for the exercise of communication, freedom of expression and the right to information, favoring the critical reception and the intelligent and creative use of audiovisual communication services. |
ArtAculoA 86.A (Faculties).-AdemA ¡ s of the ones arranged by the Law No. 18,446, of 24 December 2008, the Board of Directors of the National Institute of Human Rights and Ombudsman's Office shall have the following powers:
| A) | Designate a Special Rapporteur for Audiovisual Communication Services. |
| B) | Request the holders or administrators of the audiovisual communication services and the competent state bodies to information needed to fulfill their tasks. |
| C) | Communicate directly with the headlines or administrators of the audiovisual communication services to try to to resolve any regulations. |
| d) | Exercise the representation of collective interests and diffuse interests before any jurisdictional or administrative purposes, as in front of any public body or private entity and any competent authority in the matter, be it national or international. |
| A In the procedures in which the National Institute for Human Rights and the Ombudsman's Office exercises an action in In order to defend the collective interests and the diffuse interests of consumers and users in the judicial bodies, the circumstances of the case, as well as the economic entity and the social impact of the case, will not be required. the different interests involved. |
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| E) | Perform public hearings with the quote directly affected by the topics in your competition. |
| F) | Develop a record of received complaints, submit periodic and periodic reports, and make an annual report of Action to be submitted to the General Assembly, in accordance with ArcuculosA 68 and 69 of the Law No. 18,446, dated December 24, 2008. |
| G) | Coordinate, with the competent agencies, the formulation, implementation and evaluation of a National Education Plan for the Communication that understands the media literacy and the development of the communicative competencies of all citizens, the estAmulo to the educational role of the media, the professional training of quality and the research on these Areas. |
| H) | Any other action aimed at promoting and defending the legitimate interests of individuals and users according to the terms established in this law. |
ArtAculoA 87.A (Continuity of Service).-The holders of audiovisual communication services must ensure continuity in the provision of the authorized service throughout the period of validity of the service. authorization or license in the authorized technical conditions and respecting the program commitments presented in its opportunity.
For services that use radio space for any modification of the transmission equipment, as its operating conditions require the prior authorization of the Communications Services Regulatory Unit or the Executive Branch, as applicable.
ArtAculoA 88.A (Use of radio channels).-Authorization holders to install and operate audiovisual communication services using radio spectrum should be used exclusively for the purpose to be established in the respective authorisations and in accordance with the applicable rules. The headlines should also be adjusted to the advances of the technology Aa to achieve the best use of the radio spectrum.
The Executive Branch should ensure that the use of the radio spectrum is performed in the most efficient way possible. Concessions for the use of radio spectrum shall be granted in compliance with spectrum limitations, international conventions and their availability.
When the available technology enables the same radio channel to be allowed to simulate the simulation of multiple radio or television signals, the right of use of the assigned frequency band can be attributed to a single the holder or, in a shared manner, to several operators, in the technical conditions that are authorised in a timely manner.
The holders who have been assigned the right of use of that spectrum will not be able to provide other services other than those for which the respective authorization has been extended.
The holders to whom the right of use of a radio channel has been assigned to provide radio or television broadcasting services may not give up, lease or transfer in any way to third parties, be it direct or indirectly, the use of all or part of the allocated channel.
ArtAculoA 89.A (Transport).-The National Radio and Television Network and the National Telecommunications Administration, individually or jointly if they agree, will be the only ones enabled to provide Access to broadcast infrastructure for radio and television open radio broadcast service holders who do not have it.
Both bodies should ensure that the service is provided and can charge a price for the service, which should be reasonable, establishing a tariff based exclusively on the categories of public, commercial and community, and raise the Executive Power for approval.
ArtAculoA 90.A (Installation and Operation Plazos).-In an express and prior way to authorize the provision of an audiovisual communication service, the Executive Branch will set the deadlines for the installation and operation of the service, which may be carried over in duly justified cases and for a period not longer than half of the initial period.
In the event of non-compliance with the deadline, the respective authorization and the person concerned shall be lost, without the right to claim of any kind, the amount corresponding to the deposit of garantAa mentioned in the article 121 of the present law.
ArtAculoA 91.A (Modifications).-The Executive Branch, after consulting the Ursec, may change a radio-electrical channel already assigned or modify its characteristics or the authorized operating conditions, including the allocation of allocated spectrum, where international agreements or agreements, technical changes or reasons of general interest are necessary.
ArtAculoA 92.A (MAnimos Horarios).-The mAnima amount of daily hours of issue of open broadcast services will be twelve hours, without prejudice to the Law No. 18232, of 22 December 2007, for community radio services.
ArtAculoA 93.A (Service identification).-Open radio services will be required to issue a warning identifying the service, at the beginning and end of each daily operation period and each time as close to its start as possible.
Audiovisual communication services should give public knowledge the name of the service holders in a place of easy access to their website or during their daily transmission within the central schedules and information. In the case of a legal person, the name of all the members of the company they hold as a minimum, the equivalent of 2% (2%) of the share capital, should be specified in the case of the social reason.
ArtAculoA 94.A (Official Chains).-The radio and television services open, the television services for subscribers in their own and the television signals established in Uruguay that are disseminated or distributed by services to subscribers with authorization or license to act in our paAs, they are obliged to integrate the official chains of simulated transmission line that determines the Executive Power for the founded resolution.
The same will have reasonable periodicity and duration, and will deal with issues of public interest or urgent issues that may seriously affect the population.
.A (Contra-Benefits).-The radio, television, and open television service holders for subscribers in their own and the television signals whose programming is set to Uruguay and which are distributed or distributed by services for subscribers with authorization or license to act in our country, should include the following consideration:
| A) | Allow free use of up to fifteen minutes a day, not cumulable, to perform good-public campaigns on topics such as health, education, children and adolescents, gender equality, coexistence, road safety, human rights and the fight against domestic violence and discrimination, by public bodies and non-state public, This is a matter for the Executive Branch. The Institutional Communication Secretariat, created by the article 55 of the Law No. 18.362, of 6 October 2008, will receive the corresponding requests and will exercise the coordination of them for the purpose of processing their authorization through the resolution of the President of the Republic, prior to intervention of the Ministry of Industry, Energaa and MinerAa. |
| A Such field may not be used for propagandastic purposes of the political parties nor may it include the voice, image or any other reference that individualizes public officials holding elective or particular trust positions. |
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| B) | Provide free spaces for election advertising, as set out in Chapter VII of this Title. |
| c) | Providing no cost and according to available technology, access to state-provided interactive services such as " Applications of government, health or education, among others, which will be developed under the responsibility and budget of the state agencies involved, in accordance with the regulations that the Executive Branch will determine such effects. |
ArtAculo 96.A (Operating Conditions).-Audiovisual communication services should ensure an acceptable level of reception in the assigned coverage zone.
In the event that omissions are recorded, the Ursec will give a period of three months from which it will request the Executive Branch to suspend the service until the anomalAa or anomalous tested are properly regulated.
ArtAculoA 97.A (Collaboration Duty).-Audiovisual communication service holders have a duty to forward to the competent authorities how much data and documents they require in the exercise of their powers. The information obtained will be treated according to the Law No 18.331,11 August 2008.
Should allow and facilitate access to inspection services for facilities and equipment, as well as the examination of all documentation that is essential for the exercise of their tasks of monitoring and control.
ArtAculoA 98.A (Inspections).-The facilities from which the audiovisual communication services operate may be inspected, at any time, by specially authorized Ursec officials such effects, either on their own initiative or at the request of the service holders themselves. In this last case, all the costs of such inspections shall be borne by them.
In any case, if there were drawbacks to the normal development of the inspections as a result of the opposition of the duly proven service holders, it would be given the immediate suspension of the emissions.
All audiovisual communication services should have a telephone service and have at all times at the front of the operation to persons with sufficient authority to comply with the provisions emanating from the Ursec in use of their powers and obligations of comptroller and audit.
ArtAculoA 99.A (RA©gimen jurAdico).-The provision of audiovisual communication services under this law will require prior authorization or license to install or initiate its activity, even if it is a service in a provisional or experimental nature, in accordance with the procedures laid down in this law, in the light of the rule of incompatibilities in Article 51 et seq., as appropriate.
In case of services that use radio spectrum, be free or payments, they should have the respective concession of use of radio spectrum and their corresponding allocation of radio-electric channel.
The authorization or license to provide an audiovisual communication service regulated in this law shall be independent of the concession, authorization or license that, if any, is necessary to provide the telecommunications service the transport of the audiovisual content, which will be governed by the existing telecommunications legislation.
The concession, authorization or license to provide telecommunications services will not enable the same to provide audiovisual communication services.
ArtAculoA 100.A (CarA ¡ cter of authorization or license).-The authorizations or licenses for the installation and operation of the audiovisual communication services will be granted with personal cter, by The definition of the program and contents of the service, as well as its conduct, operation and functioning, will be exclusively the responsibility of those persons who are authorized by the Executive Branch. They shall also be authorized to designate the persons referred to in Article 108 of this Law.
When authorized are two or more persons, fAsks or jurAdic, and are within the hypothesis provided by the article 1Aº of the Law No 16,060, dated 4 September 1989, should take some of the forms set out in Chapter II and Chapter III of that law.
When authorised legal persons are companies for shares, they shall have the name of the nominee and the liability shall correspond to those shareholders whose ownership of the shares has been authorised by the Power Executive. They shall also be the only shareholders authorized to designate, in the representation of the company, the persons referred to in Article 108 of this Law.
In the case of two or more people or legal persons, you may also be able to take any of the forms in the Law No 18.407of 24 October 2008 and its amendments.
Also, the ownership of the services by two or more legal persons associated in a consortium under the solidarity and indivisible responsibility of the legal persons who make up the group is admitted. establishment of the relevant requirements, without prejudice to the provisions of this law.
The authorizations and licenses for the installation and operation of the audiovisual communication services will be granted with an associated geographic coverage (A area of service), which will be at the local, departmental or national level. It is understood as coverage at the local level both the urban plant and the suburban and rural area of influence of the locality in question. For the cases of the broadcasting services, the technical parameters of operation will be established so that the transmission will cover in good reception conditions the area of coverage assigned to the service, which eventually can In some cases, it is necessary to exceed the geographical limit, given the characteristics of the propagation of the radio waves. For services that do not use radio spectrum, the relevant technical projects should ensure appropriate coverage of the approved service area.
ArtAculoA 101.A (Indelegability).-The provision of audiovisual communication services should be performed by the holder of the corresponding license or authorization and cannot be delegated.
SerA considered to be the service provider:
| A) | Selling or giving in to any third-party spaces for your own program more than the following lAmites: 25% (twenty-five percent) of the program to the same third and 75% (seventy-five percent) in total. In any case, an increase in the spaces sold or transferred, with respect to the commitment in the communication project, should have the authorization of the Council of Audiovisual Communication. |
| B) | Agree with a third party to market the credit to the service in exclusivity. |
ArtAculoA 102.A (Communication Project).-The communication project presented by the holder for the purpose of obtaining the authorization or license to provide an audiovisual communication service is an integral part of same.
When applying for a call, the interested party should present a communication project detailing the proposed service. The project should include, at least, all the information requested by the contract specifications indicating, among other aspects: the plan of the program to be developed; quantity, type and methods of the audiovisual sector of its own which will offer: quantity and type of national and local audiovisual production; commitment to create direct jobs and to comply with the work guarantees; participation of independent producers and national companies of the audiovisual industry in the chain of production and dissemination related to its service; commitments in the field of advertising guidelines; commitments of attention to people with hearing and visual disabilities, including the percentage of programming accessible by subtitling, language of the audiodescript; the background as an entrepreneur of the communication and interactive that you will include in your proposal.
In case of obtaining authorization or license the service holder will assume the obligation to comply with the corresponding communication project presented.
Any substantial modification to the originally authorized communication project should be previously approved by the Audiovisual Communication Council and, for those cases that the regulation determines, also by the Executive Branch, penalty of the application of the corresponding sanction, according to the degree of departure of the original project committed by the holder.
ArtAculoA 103.A (Gratuity of open radio).-Open radio services will be free of charge, without prejudice to the possibility of marketing interactive services of added value relating to audiovisual content, in accordance with the scope of the authorisations or licences obtained and the applicable specific rules.
ArtAculoA 104.A (FAsks requirements).-The applicant or holder of an audiovisual communication service shall comply, as a minimum, with the following requirements:
| A) | Being natural or legal citizens, in exercise of the city. |
| B) | Being domiciled in real and permanently in the Republic and preferably in the locality where the service will be provided. The repeated or prolonged absences of the paAs will constitute-except adequate justification for this-the presence of a lack of real and permanent domicile in the Republic, which will give the Council of Audiovisual Communication To manage before the Executive Branch the revocation of the granted authorizations or licenses. |
| C) | Credit for economic capacity, according to the category of the audiovisual communication service that you plan to install. |
| D) | Make the application maintenance guarantee deposit, the amount and time of which you will be able to fix the Power Executive. |
| E) | Present the investment budget and costs to install and operate the service, as well as your business plan. |
| F) | Credit the source of the funds committed in the investment to be made. |
| G) | Declare if personally, or any of the companies or people in your economic group, you have participation in other services Audiovisual communication and, if so, indicate in detail. |
| H) | Submit the communication and service project that you commit to provide to the population, in accordance with the provisions of the Article 102 of this Law. |
ArtAculoA 105.A (Inhabilitations and incompatibilities).-In no case may they be holders of an authorization or license, the persons or legal persons who are in any of the circumstances following:
| A) | Being a delinquent debtor to the State and, in general, those that are included in any of the general prohibitions for contract with this. |
| B) | Being incapacitated or disabled, civil or criminally, to hire or exercise commerce. |
| C) | Those that, having previously obtained authorization or license for the provision of radio or other services Audiovisual communication services, regardless of their coverage, have been sanctioned in the last five years by the commission of a very serious infringement, with the revocation of their authorization or license. |
| D) | That for sA or through companies or persons belonging to the same economic group, they violate the lAmites to the concentration which imposes this law. |
| E) | Having been convicted of crimes against humanity. |
| F) | Being cainnyuge or concubine, relative by affinity or consanguinity, in straight line, or collateral to the second degree, of headlines of audiovisual communication services; provided that the subjects linked by such degrees of kinship, marriage or concubinato, considered as a whole, infringe the limits to the ownership of the audiovisual communication services arranged by the Articles 53 and 54 of this Law, as soon as corresponds. |
The above will be applied in case of different audiovisual communication services.
ArtAculoA 106.A (Legal persons requirements).-The legal persons aspiring to the holder or the holders of an audiovisual communication service must comply, as a minimum, with the following requirements:
| A) | Being legally constituted in the paAs. |
| B) | Comply with the requirements set in literals A (C) to H) of the article 104 and not be included in the disqualifications arranged in the literals A) to D) of article 105 of this law. |
| C) | Each partner or shareholder: with the literals A), B), and G) of the ArticA104 and the artA105. |
| D) | If you are dealing with companies by actions, these actions will be nominative and your holders are persons. |
| E) | Not having corporate legal binding or direct or indirect support with audiovisual communication service companies foreign. |
| F) | Not to be subsidiaries or subsidiaries of foreign companies, nor to perform corporate acts, contracts or covenants that permit a The dominant position of foreign capital in the conduct of the legal person. |
For the case of audiovisual communication services for subscribers, and where the holder is a company for shares, it shall be admitted that the requirements laid down in Articles A (A) and (B) of Article 104 and (E) and (F) of the This Article shall be met by the shareholders representing, as a minimum, 51% (fifty-one per cent) of the equity capital and giving the right to vote for up to the same percentage of 51% (fifty-one per cent) provided that This does not mean giving directly or indirectly to the control of the social will.
ArtAculoA 107.A (Exceptions to the requirements of the legal persons).-The requirements set out in the literals A) and B) of the article 104 and in the literals A), E) and F) and the last of the article 106, shall not apply to audiovisual communication services for subscribers whose holders have obtained the corresponding licence prior to the validity of this law.
ArtAculoA 108.A (Directors and Administrators).-In all cases where directors, administrators, managers or similar staff are appointed, in whom the authority and responsibility are delegated to the conduct and orientation of the audiovisual communication service, such persons shall comply with the requirements set out in the literals A) to C) and G) of the Article 104 and in Article 105 of this Law.
ArtAculoA 109.A (Transfer of authorization or license).-For the purposes of transferring, ceding, selling, donating, or performing any other legal business involving, directly or indirectly, a total or partial change In the ownership of the authorizations or licenses, approval of the Executive Branch will be required, prior to the report of the Council of Audiovisual Communication.
The procedure will start with the presentation to the Council of Audiovisual Communication of the application of the future acquirer, who should prove the compliance with all the requirements set out in this law to be the holder and be required to maintain or improve, for the duration of the authorization or license, the communication project and the services assumed by the previous holder.
Once the application has been filed, the Council will produce a report to raise the Executive Branch, which can only be carried out once the public consultation or hearing has been carried out, according to what is established by the regulation.
For the elaboration of the report, the Council of Audiovisual Communication will have a deadline of thirty days, expired which should raise the request to the Executive Branch.
The Executive Branch will evaluate the application and will decide on the proposal for a full or partial transfer of the service's ownership.
In the event that the Executive Branch gives a favorable resolution to the conduct of the business, the interested parties will have a maximum period of four months, counted from the notification of the respective resolution, for the granting of the of the definitive business, conditioning its effects to the subsequent approval by the Executive Branch. The aforementioned business should be credited in a fehaciente way to the mentioned Power, according to what is established by the regulation, within that period, under penalty of expiration of the authorization conferred.
Accredited the transfer business and prior report of the Council of Audiovisual Communication, the Executive Branch will dictate the corresponding resolution, which will have constitutive effects.
From the notification of the administrative act mentioned the acquirer will take charge of the audiovisual communication service.
If you do so in advance of the act, you will be able to apply the penalties provided for in the appropriate chapter.
Originating authorizations or licenses may not be transferred within the first five years of being granted, or within two years after their transfer or renewal has been authorized. This restriction will not apply to the death transfer case.
The realization of a transfer without the corresponding and prior favorable resolution will cause the absolute nullity of the transfer, without prejudice to the application of the penalties that correspond.
The verification of the performance of any act that allows the operation, operation or administration of the audiovisual communication service to be carried out directly or indirectly by the unauthorized person will enable the revoking the authorization or license granted to provide the service.
The concession of use of radio spectrum linked to an audiovisual communication service can only be transferred jointly with the authorization of the audiovisual communication service. No legal business is allowed on the granting of spectrum use independently.
Public, university and community audiovisual communication services, and other non-profit, are non-transferable.
ArtAculoA 110.A (Death of the holder).-In the case of the death of a holder, partner or shareholder, the situation shall be dealt with by the Administration as a transfer in favor of the heirs or (a) successors; without prejudice to the provisions of the laws in force in the field of societaria and the corresponding contractual users in the agreements establishing companies.
ArtAculoA 111.A (Disolucation of the holding company).-In case of the dissolution of the authorized society to the service of the service, it is the obligation of the partners to give notice to the Council of Audiovisual Communication in the the time limit of 72 (seventy-two) hours of the corresponding causation (ArtAculoA 159 of the Law No 16,060, dated 4 September 1989).
The dissolution shall be the extinguishing of the authorization, in accordance with the provisions of article 127 of this law.
ArtAculoA 112.A (Service Lease).-The lease of an audio-visual communication service to a third party cannot be performed.
ArtAculoA 113.A (Obligations).-Audiovisual communication service holders should meet the following obligations:
| A) | Be al dAa in paying the prices and taxes to be obligated by the service. |
| b) | Provide all the information requested by the authorities for the due performance of their tasks. |
| C) | Keep the content of the programs released for a period of time, such as mAnimo, from three months to the date of your issue, for the purpose of facilitating their inspection by the competent authorities in case it is necessary and adjusted to the right. |
| D) | All those that this law puts in charge. |
ArtAculoA 114.A (Prohibition of indirect censorship).-discriminatory use of the grant or renewal mechanism of authorizations and licenses is prohibited with the aim of pressuring and punishing or awarding and privilege the communicators and the media in terms of their news or editorial lines.
ArtAculoA 115.A (Non-discriminatory offer Duty).-Open television broadcast service holders may offer their signals to be incorporated by television services for subscribers in their A grid of signs. This offer should be non-discriminatory at the level of geographical coverage, the number should be offered on equal terms to all television services for subscribers who have similar coverage to coverage area.
ArtAculoA 116.A (Seal).-The television services for subscribers should include as a minimum a local production site of their own in their basic package, which will operate under the same conditions as the This law establishes for open television services. In the case of satellite services, the seat itself should be of national production.
In the case of services for subscribers within the country, this requirement may be met by a departmental or regional office that does not include the department of Montevideo.
ArtAculoA 117.A (Transport Duty).-The television services for subscribers should include, within their basic package, the Uruguayan National Television (TNU) signals.
Television services for non-satellite subscribers should also include, within their basic package, the signals of open, commercial, public or community television broadcasting services, whose coverage area is similar to its service delivery area, in the formats that its technology allows, according to the corresponding Reglamentation.
All TV services for subscribers will also have to include up to three national TV signals within their basic package. These signs will be selected every five years by means of a public and transparent contest, which will include a public hearing of the presentation of the proposals, of which they may participate national, that do not have links with others Open television services with at least 80% (eighty percent) of national product content.
The competition to select commercial signals will value the proposals based on the following criteria:
| A) | That contribute to the development of the Uruguayan production of audiovisual content, its dissemination and promotion at national level and international. |
| B) | Which tend to strengthen local cultural production through spaces intended to stimulate and disseminate programs produced at different points of the paAs, either own or independent production. |
| C) | That include the participation of independent producers and national companies in the audiovisual industry in the chain production and diffusion. |
| D) | Offering the most direct and quality jobs. |
| E) | That brings greater diversity to the offer of television signals. |
| F) | The audiovisual background of project managers. |
This obligation will not generate any kind of compensation rights for the holders of the broadcast television services or for the holders of the national television network. The cost of putting the signal to the seat to be included in the service for subscribers will be charged to the holder of the seat.
All signs that are carried in application of this article should be presented in suitable places of the grid, according to the corresponding Reglamentation.
ArtAculoA 118.A (Non-Discriminatory Offer).-Television service holders for subscribers who own their own will be able to offer the signals to be incorporated by television services. for subscribers in their grid of signs. This offer should be non-discriminatory at the level of geographical coverage; the number must be offered on equal terms to all television services for subscribers who have similar coverage to coverage.
ArtAculoA 119.A (Procedures for granting authorizations).-As a general principle, the Executive Branch will grant authorizations to provide non-satellite audiovisual communication services using Radio spectrum, through the realization of a public and open call.
The call should have a prior technical report of the Ursec identifying the radio channels and other than the technical meters; the realization of a public consultation and the evaluation of the Chasca.
ArtAculoA 120.A (Procedure start).-The Executive Branch will perform a public call and open to interested in obtaining an authorization to provide the non-satellite audiovisual communication service. Use radio spectrum, the respective use of radio spectrum and channel allocation.
The call may be called when the Administration will consider it convenient or every five years whenever they have interested in providing the service and there are available and available radio channels available for the service, guaranteeing equal opportunities for all citizens of the Republic, under the conditions laid down in the relevant regulation.
The five year period mentioned in the preceding incident will be counted from the last call for the same location or similar to coverage area.
ArtAculoA 121.A (Bases of the call).-The call of the call will be made by the Executive Branch through the Council of Audiovisual Communication and will require the prior identification, by the Ursec, the frequencies available in the corresponding technical plan of the band to be used, as well as the technical conditions for the total or partial use of the radio channels, and the deadlines for the installation and operation of the service authorized.
The specifications that will govern the so-called will be prepared by the Council of Audiovisual Communication, with the technical advice of the Ursec and the non-binding advice of the Chasca and will be approved by the Executive Branch.
The call will specify clearly the required requirements, the obligations to lend in case of obtaining the authorization, the background to be considered and the evaluation criteria that will be used to assess the different requirements. proposals.
The Administration may require the applicants to pay for the purchase of the bases of the call and the constitution of a guarantee to answer for the fulfillment of the commitments assumed in their offer, which will be returned in the times and conditions to be set.
ArtAculoA 122.A (Public Contest).-In case there are more interested than available frequencies, a selection stage will be opened by means of a public contest between those who have met all the requirements required in the specification of the call.
In the event of a single application for a frequency, the proposal of the Council of Audiovisual Communication will be elevated to the consideration of the Executive Branch, in order to authorize its operation and to grant the concession of the use of the frequency or of the frequencies if the evaluation criteria required by the article 124 are met and after the performance of the public consultation and hearing mechanisms established in this law.
The Executive Branch will decide whether to grant or grant licenses to provide the audiovisual communication service.
If none of the data subjects credit the required requirements or, in doing so, fail to obtain a minimum of the required criteria, the call may be left without effect.
ArtAculoA 123.A (Public inquiries).-In accordance with the principles of transparency and advertising, the Audiovisual Communication Council will give a public knowledge of the number of applicants for each call.
In any of the cases referred to in the previous article, the Audiovisual Communication Council will carry out a public consultation process whose scope and characteristics will be determined by the timely regulation, the which may include a public hearing, preferably in the locality where the call is made. The opinions collected in these consultations may be taken into consideration for the evaluation of the postulants, without having to be binding.
A process of public consultation will also take place in the transfer and renewal procedures, which may include the conduct of a public hearing.
ArtAculoA 124.A (Evaluation Criteria).-The received proposals will be valued taking into account the following evaluation criteria:
| A) | That come from people who are not legal or legal persons who are not the holders of other audiovisual communication services that they use radio spectrum to promote diversity in the ownership of such services. |
| B) | That support the provision of services to the community in a given area of coverage by offering a diversity of signs or programs that do not provide other means. |
| C) | Which tend to strengthen local cultural production through spaces intended to stimulate and disseminate programs local, own, or independent production. |
| D) | That include the participation of independent producers and national companies of the audiovisual industry in the chain of production and diffusion. |
| E) | Offering the most direct and quality jobs. |
| F) | That include programming with content accessible to people with hearing and visual disabilities by subtitled, Language of the year and audio description, and the percentage of this type of programming with respect to the total. |
| G) | Having a background in the provision of similar audiovisual communication services, of which capacity arises Technical of the postulator for service delivery. |
The technical and economic capabilities for the project realization will be analyzed as eligibility conditions to effectively postulate an authorization and not as evaluation criteria to select from different postulants.
The Executive Branch will decide whether to grant or grant licenses to provide the audiovisual communication service.
In this latter case, the Audiovisual Communication Council will proceed to register the holders in the Register of Audiovisual Communication Services.
ArtAculoA 125.A (Durations of the authorizations).-The authorizations to provide non-satellite audiovisual communication services using radio spectrum and the corresponding concession of their use, For a period of ten years for radio broadcasting services and 15 years for television broadcasting services. The renewals shall be, in both cases, per 10-year period.
ArtAculoA 126.A (Renovation of the authorizations).-The authorization may be renewed, upon request of the interested party that must be presented at least twelve months before the expiration of the deadline and provided that, at the moment of presentation, the holder:
| A) | Maintain all requirements required by law, including expressly the program and service commitments that you will provide in case you get the extension of your authorization. |
| B) | Have given full compliance throughout the validity of the authorization of the conditions and commitments assumed in opportunity granting authorization. |
| C) | Cuente with a favorable technical report from the Ursec by the absence of limitations in relation to the planning of the spectrum. |
| D) | Do not maintain debts with the Administration. |
| E) | For the duration of the authorization, three or more of the severe penalties allowed or definitive have not been the object of the authorization. non-compliance with their obligations. |
As part of the evaluation of the compliance of the literals A) and B) of this article, a non-binding public hearing may be held and a consultation with the Chasca will be required. Both activities will be carried out by the Council of Audiovisual Communication, who will raise the corresponding report to the Executive Branch, so that it can take action.
The renewals will be granted by the Executive Branch, for a period of ten years each time.
For the purposes of the diktat of the resolution you will take into account the fulfillment of the technical, administrative and economic requirements of the applicant and will be analyzed the management of the authorization made by the interested in the renewal as regards the commitments and obligations assumed. In addition, the availability of spectrum, the existence of other stakeholders in the area of coverage of the prestate, will also be considered, the evolution of the sector will be examined and will be determined if the renewal of the authorization can harm the diversity and pluralism of the media system.
The first renewal will be granted as long as there is no negative evaluation of the compliance of the communication plan. The following renewals shall be granted provided that the above requirement is met and provided that no new pre-qualified data subjects are available for which channels are not available within the reserved ones.
During the entire period of authorization, the permissary must respect the fulfillment of the commitments presented and in this context they will be evaluated.
In cases where the request is not requested or cannot be configured for the reasons set forth, six months before the expiration of the authorization, the Executive Branch should have called a new open and public call for agreement. with the provisions of this law and its regulation.
ArtAculoA 127.A (Extciation of authorization).-The authorization shall be without effect due to the expiration of the period, by the dissolution of the holding company or by the death or the surviving incapacity when treat a single physical person and no claim has been made on the part of the heirs, in accordance with the provisions of Articles 109 and 128 of this Law.
The authorization may be left without effect equally at the reasoned request of the holder when, due to circumstances that are over-sold, unforeseeable or beyond his or her will, it is considered to be devoid of the necessary suitability or capacity to continue providing the service. The extinction of the authorization will only produce effects when the Executive Branch resolves it.
If at any time the impossibility of providing the service is verified for reasons due to or related to its headlines, the expiration of the authorization will be operated.
ArtAculoA 128.A (transient administration of the Audiovisual Communication Service).-In the case of the death of the physical person holding the entire authorization, to maintain the continuity of the service may be allowed to authorize the transient administration of the station.
The successors to whom the temporary administration of the broadcaster is authorized must certify that the requirements laid down in Articles A (A), (B), (C) and (G) of this Law are met and shall be obliged to the compliance with all its provisions as set out in the respective authorisation and applicable rules.
Without prejudice to the foregoing, in the cases of authorizations granted to individual persons, in which, by death, incapacity or other similar causes, no person shall be authorized to the front of the service, the successors, curator or representative of the authorized person should give an account to the Council of Audiovisual Communication of the situation in the period of seventy-two hours, being to the provisional resolution that it adopts in order to try to maintain the Service in operation, without prejudice to the final resolution that the Executive Power.
In the case of legal persons constituted by several members, if any of the partners die, the conduct of the service will be of the responsibility of the rest of the members, until the situation is regulated.
ArtAculoA 129.A (Limitation for authorizations).-The Executive Branch will not be able to grant new concessions for the use of radio frequencies for the purposes of the broadcasting service, during the period for the 12 months preceding and six months after the date of the national elections set out in the numeral A 9Aº) of Article 77 of the .
ArtAculoA 130.A (Licensing procedure).-When you are dealing with satellite audiovisual communication services or using physical means for your distribution, the licenses to provide such Services shall be provided through so-called public calls that may be made when the Administration considers it appropriate or in response to the request of an interested party to obtain a license provided that at least five years have passed since the Last call for the same location or similar to coverage area, once met the requirements of this law and the corresponding regulation.
ArtAculoA 131.A (Start of procedure).-The application to obtain a license should be filed with the Audiovisual Communication Council and the information provided for in this law will be recorded. their regulations to account for the required requirements.
ArtAculoA 132.A (Evaluation of requests).-It is up to the Audiovisual Communication Council to examine the information presented to assess the due compliance with the requirements. Once its compliance has been verified, it will be raised to the Executive Branch for the purposes of the realization of the public appeal to the interested in providing the audiovisual communication service in question.
SerA convened by the Executive Branch through the Audiovisual Communication Council.
After analyzing the proposals submitted to the call, evaluating the technical and economic feasibility of the projects and requesting their respective reports to the Chasca and the Ursec, the Council of Audiovisual Communication will take the definition and raise it. the report with its findings to the Executive Branch with the proposed resolution project for consideration.
On the basis of the Audiovisual Communication Council's report, the Executive Branch will decide whether to refuse or grant licenses to provide the audiovisual communication service.
In this latter case, the Audiovisual Communication Council will proceed to register the holders in the Register of Audiovisual Communication Services.
ArtAculoA 133.A (Extincitation of licenses).-The license shall be without effect for the purposes of the dissolution of the holding company or for the death or the surviving incapacity when it is a physical person. It may be left without effect equally at the reasoned request of the holder when, due to circumstances that have been overcome, unforeseeable or beyond his or her will, it is considered to be devoid of the necessary suitability or capacity to continue providing the service. The license extincationwill only produce effects when the Executive Power is resolved by the Executive.
ArtAculoA 134.A (Registration).-The radio or television signals established in the national territory, will require prior registration with the Council of Audiovisual Communication, which will have the effect of enabling its Diffusion.
You may also register for radio or television signals, not established in the national territory.
The foreign ownership of the public is exempt from this obligation.
You may also register radio or television signals established in Uruguay.
The primary dissemination, by an audiovisual communication service established in the paAs of a radio or television network not registered, will be responsible for editorial responsibility of the said number or service, for the purposes of the Uruguayan legislation, to the holder of the audiovisual communication service that performs the primary broadcast.
ArtAculoA 135.A (Limitations to the entitlement of signs).-It will not be able to be headlines of radio or television signals those who, having been holders of a signal, have been sanctioned with the prohibition of continue your activity by the commission of a very serious infraction.
ArtAculoA 136.A (Registration in the registry).-The request for registration must be submitted by the holder of the sign or an authorized representative, accompanied by the corresponding document accrediting.
Once the application has been filed, the Audiovisual Communication Council will evaluate it and, in the event of no duly founded cause of impairment, will proceed to its registration within the period of thirty days to count on its presentation. If it is not resolved within the indicated term, the application will be accepted in provisional form, and will be registered in the register in this quality.
Once the Council of Audiovisual Communication is registered, the Audiovisual Communication Council should decide on the request within thirty days, and if it will not be pronounced or, by doing so, will not raise objections, it will definitive sign of the signal.
In the event that the ownership of the signs coincides with the ownership of the audiovisual communication service that broadcasts them, the registration will be of trade at the moment of granting the authorization or license of the service, without prejudice of the obligation to communicate to the Council of Audiovisual Communication changes in the signs included in that, within the time limit set by the regulation.
ArtAculoA 137.A (Extincation).-The extincation of the effects of the record and, therefore, of the enabling to effect the diffusion or distribution of the signal, will be produced by:
| A) | Renunciation of the stakeholder. |
| B) | Resolution of the application authority if any of the following causes exist: |
| 1. | The uninterrupted suspension of the exercise of the activity during the time limit of an year. |
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| 2. | As a result of the commission of an infringement that is carried out revoking the record. |
ArtAculoA 138.A (Obligations of the holders of signs established in Uruguay).-The content of the radio and television signals established in Uruguay should respect the principles and values constitutional and governed by the provisions of this law and the other applicable laws, in particular as regards advertising, protection of consumers and users, right of honour, privacy and right of amendment, as for the international conventions signed by Uruguay on these matters.
ArtAculoA 139.A (Time and space for advertising).-Audiovisual communication services may issue a maximum of fifteen minutes of advertising messages for each hour of transmission, for each time, When it comes to television broadcasting services and fifteen minutes when it comes to radio broadcasting services. In no case will these times be cumulative. The time of an advertising message issued in the non-traditional advertising mode should be included in the maximum time of the time of the message, when the duration of the message exceeds fifteen seconds.
It will not be computed within the advertising time expressed:
| A) | Self-promotion, or official or field releases of well. |
| B) | Advertising that is issued using the unsound over-printing system on image issued. |
| C) | Advertising is critical in the transmission of public events or product placement. |
Advertising messages over printed on television (text inscribed on figures) should not occupy more than a sixteenth of the screen or exceed the eight mentions of ten seconds each, per hour, not cumulable.
ArtAculoA 140.A (Advertising issuance conditions).-In defense of the user and consumer of audiovisual communication services and in attention to their condition of means of public interest, the services should be comply with the following conditions for the issuance of commercial advertising, in addition to those set out in the corresponding articles of this law for the protection of children, children and adolescents and the current regulations on public health and others:
| A) | Advertising messages should be issued with the same audio volume as the rest of the program. Each television ad will have to start and end with the sign identifying the signal, in order to distinguish it from the rest of the program. |
| B) | Advertising messages in television must respect the integrity of the program in which it is inserted and the units that make up. The transmission of film and documentary films may be interrupted once for each intended period of thirty minutes. |
| C) | Transmissions of sports events by television are only likely to be interrupted by isolated advertising spots when the event is stopped. In such transmissions, whether or not there are any authentic parts, advertising messages may be inserted as long as they allow the event to be further developed. |
| D) | Open radio services will not be able to issue seA ± als dedicated exclusively to advertising messages. |
| E) | The issue of covert advertising and subliminal advertising is prohibited. |
ArtAculoA 141.A (Scope of the provisions).-The above provisions will apply to the open television services, the television services for subscribers in their own, and the Uruguay established in Uruguay that are distributed or distributed by services for licensed subscribers to act in our country.
ArtAculoA 142.A (From free access to election advertising).-DeclAs a national period for strengthening the democratic system of the democratic system, the granting of free advertising in the services of radio and television, the television services for subscribers in their own and the television network established in Uruguay that are distributed or distributed by services for licensed subscribers to act in our paAs.
Services referred to, without prejudice to the provisions of the Law No 17,045, of 14 December 1998, will provide free spaces in the electoral campaigns corresponding to the following elections:
| A) | Of the members of both CA members of the Legislative Branch and of the President and Vice President of the Republic, any office for whose constitution or integration the laws establish the procedure of the election by the Electoral Body provided for in the first of the numeral A 9 of the article 77 of the |
| B) | Of the Intended, of the members of the Departmental Boards and of the other elective local authorities foreseen in the Third of the numeral A 9 of the Art.A 77 of the , hereinafter referred to as" departmental and local elections ". |
| C) | New election of Senators and Representatives after the dissolution of the CAs, according to the article 148 of the href="areuelveref.aspx?CONSTITUTION, 401/art148/2004/HTM/" title="Constitution in force on this document,if it is to be carried out, hereinafter referred to as "supplementary legislative elections". |
| D) | In the case of the second election of President and Vice President of the Republic, the first of the article 151 of the |
| E) | In the internal elections of the political parties provided for in the numeral 12 of the article 77 of Law No 17063,24 December 1998, hereinafter referred to as "internal elections"; the internal elections of presidential candidacy and national deliberative bodies with electoral functions are referred to as "national internal elections" and the internal elections of departmental deliberative bodies with electoral functions are referred to as "departmental internal elections". |
The free spaces will be granted for the entire period authorized for election publicity, in accordance with the article A 1Aº of the Law No 17,045, dated 14 December 1998, and will have a duration equal to 60% (sixty per cent) of the time allocated to advertising messages in each hour of transmission.
The Council for Audiovisual Communication may increase, in the period authorized to carry out election publicity, the maximum time set in Article 139 of this Law up to twenty minutes of advertising messages for each time of transmission.
In the case provided for in the literalA B) of this article, the obligation governs for the services included in the authorized area corresponding to the respective departmental circumscription. The regulation of the Executive Branch may extend this obligation to another or other contiguous departments.
ArtAculoA 143.A (Distributions among the slogans).-In the case of national elections and complementary legislative elections, the free spaces will be distributed among the slogans as follows:
| - | 20% (twenty percent) will be divided equally among all the slogans that are presented to the election; |
| - | 80% (eighty percent) will be distributed directly to the votes obtained for each slogan in the national elections immediately above. |
In the case of a complementary election of President and Vice President of the Republic, time will be distributed in equal parts between the two presidential elections.
In the case of departmental and local elections, the free spaces will be distributed among the slogans as follows:
| - | 20% (twenty percent) will be divided equally among all the slogans that are presented to the election; |
| - | 80% (eighty percent) will be distributed directly to the votes obtained for each slogan in the departmental elections and local immediately above. |
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In the case of internal elections, the free spaces will be distributed among the slogans as follows:
| A) | A part, intended for national internal elections, corresponding to 2/3 (two thirds) of the time allocated to the spaces No free of charge shall be made in accordance with Rule 142 of this Law, which shall be distributed among the slogans according to the same criteria as the national elections. |
| B) | Another part, additional to the previous one, for departmental internal elections, corresponding to 1/3 (one third) of the time allocated to the free spaces according to the article 142 of this law, which will be distributed among the slogans according to the same criteria established for departmental and local elections. |
In all national elections, complementary, departmental and local legislative elections, and internal, for the distribution of the spaces between the slogans will apply to the procedure established by the article 5Aº of the href="areuelveref.aspx?LAW, 07912/art5/HTM"> Law No 7,912, dated October 22, 1925.
The distribution of the spaces between the slogans will be carried out by the Council of Audiovisual Communication.
ArtAculoA 144.A (Distribute within the slogans).-The distribution within each motto will be performed by the authorities of the motto.
ArtAculoA 145.A (General provisions).-Incluse to radio, television and open television services for subscribers in their own network and to the television network established in Uruguay are distributed or distributed by services for licensed subscribers to act in our paAs, in the forecasts set out in the articles 3Aº, 4Aº and 5Aº of the Law No 17,045, dated 14 December 1998.
The provisions laid down in this Chapter shall be in force from 1 January 2019 onwards.
ArtAculoA 146.A (Self-regulating or professional conduct).-The holders of audiovisual communication services must govern their activities according to the public authorities of ethical standards or conduct professional, which may be of individual character of a holder or of a collective character. The content of such codes shall be determined freely by each provider.
ArtAculoA 147.A (Advertising of the codes of ethical standards or professional conduct).-The codes of ethics or professional conduct of the services of audiovisual communication must be brought to the attention of the public, through web pages and other media.
ArtAculoA 148.A (Hearing Ombudsman).-The State will promote that the holders of audiovisual communication services, individually or collectively, appoint an advocate of the hearing, who will have the responsibility to receive and respond to the communications that the public refers to the compliance of the code of ethics or of the respective professional conduct.
ArtAculoA 149.A (Cter and Entitlement).-The public audiovisual communication services are those whose management and ownership reside in state or non-state public entities, be they national, departmental, educational, university or other.
Such services, for their tasks, will have a preference for the individuals in terms of the allocation of radio channels, location of stations and other infrastructures necessary to provide the service, as in all the relating to the conditions of installation and operation.
ArtAculoA 150.A (Nature of the Public Radio and National Television System).-Crate, with the name of the Public Radio and National Television System (hereinafter SPRTN) a decentralized service for the purposes, tasks and privileges specified by this law, which shall be related to the Executive Branch through the Ministry of Education and Culture.
It is a legal person and, for all legal and procedural purposes, will have its principal place of business in the capital of the Republic without prejudice to the premises installed or to be installed in the entire country.
The activity developed by the SPRTN is considered a fundamental service for the community, through which the society as a whole is offered and throughout the territory, information, culture, education and entertainment, consolidating the In these areas, it is important to ensure that the social role of the citizen is permanent, and that access and continuity must be guaranteed.
ArtAculoA 151.A (Committed).-They are committed from the National Radio and Television System (SPRTN):
| A) | Manage, direct, and operate state radio and television broadcasting services. |
| B) | Provide radio and television programming for all inhabitants of the Republic, according to the following objectives: |
| 1. | Facilitating the exercise of the right to information to all inhabitants of the Republic. |
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| 2. | Respect and promote the values of peace, democracy, integration and social justice, non-discrimination and environmental protection. |
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| 3. | Foster attitudes of respect and esteem towards human diversity, against all discrimination, supporting the social inclusion of vulnerable social groups, such as people with disabilities. |
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| 4. | Promoting freedom of expression, equality of citizens, pluralism and participation, respect for the dignity of people and the protection of children. |
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| 5. | Promoting culture and education by leveraging the potential of audiovisual media to collaborate in the development and training of citizens, creating critical capacity in the city. |
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| 6. | Offering information with independence and impartiality. |
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| 7. | Driving effective participation by strengthening creativity and plural and diverse content, mainly among children, children and young people who make sense of individual and collective social action. |
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| 8. | Securing editorial and programming independence, plurality, and diversity of content, to create a critical and creative public opinion. |
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| 9. | Contributing to cultural, artastic, and educational development (formal and not ) of the localities where they are inserted and the production of formal strategies of mass and distance education, these last ones under the comptroller of the authorities of the public education that correspond. |
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| 10. | To support, assist, and diffuse fields of interest and good public authorities, organisations, institutions, companies and civil society as a whole, without prejudice to the field of the Audiovisual Communication Service. |
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| 11. | Promote democratic participation. |
| C) | Proposing rules linked to public audiovisual communication. |
| D) | Promote the building and diffusion of diverse and balanced programming for all kinds of public, covering all the fields and to meet the needs of information, culture, education and entertainment of society. Disseminate their cultural identity and diversity, promote pluralism, participation and other constitutional values. |
| E) | Ensuring the exercise of the right of access for different social and political groups, as an element of participation citizen. |
| F) | Develop all technical and technical elements to cover the entire national territory. |
| G) | Promoting production, cooperation, distribution and exhibition of audiovisual products, as well as the dissemination of productions independent national and promote the development of the national audiovisual industry. |
| H) | Promote Latin American collaboration and production as a meeting industry for common values of the region. |
| I) | The action of SPRTN should be framed in the ethical principles of the subject and in which it develops in use of its faculties. |
| J) | All the tasks that the various laws, decrees and resolutions have established in charge of the Executive Unit 024 " 11 "Ministry of Education and Culture", which may exercise all the powers specified therein, so any reference made in such regulations to the Executive Unit should be understood made to SPRTN. |
ArtAculoA 152.A (Directory of the National Radio and Television System (SPRTN)).-The top management and administration of the SPRTN will be exercised by a Board, which will be composed of a President, a Vice-President and a Vocal, who shall be appointed by the Executive Branch in accordance with Article 187 of the .
The first directory of SPRTN shall be designated by the procedure set out in the preceding paragraph, within thirty days of the date of validity of this law.
It will be renewed every five years, corresponding to the beginning and the term of that period with those of the constitutional period of government. Without prejudice to this, their members will last in their duties until their replacements are taken.
The Directors of National Radio and National Television should be invited to the sessions held by the Board of the SPRTN, being able to participate, with voice and without a vote.
ArtAculoA 153.A (Directory attributions).-SerA Directory attributions:
| a) | Exercise the top administrative, technical, and inspection direction and control of all services in your office. |
| B) | Comply and enforce the provisions regarding the services to your office. |
| C) | Develop and approve the general policies that guide the development and operation of the SPRTN for compliance with the tasks and obligations of the body, established in this law and its regulation. |
| D) | Managing the heritage and resources of SPRTN. |
| E) | Being a primary computer for expenses and payments in accordance with the rules in force. |
| F) | Dictate your internal regulations and, in general, perform all legal acts and material operations intended for good compliance with their tasks. |
| G) | Set tariffs and consideration for your services. The regulation will establish tariffs and consideration that require the approval of the Executive Branch. |
| H) | Designate, promote, move, sanction, and remove officials from their dependency, respecting the rules and guarantees statutory, being able to make the necessary hires. |
| I) | Contreating goods or services directly, in accordance with the provisions of Article 33 of the Accounting Ordinance and Financial Management. |
| J) | Designate directly the Director of National Radio and the Director of National Television, as well as proceed to its cessation, by Founded resolution, adopted unanimously by its members. |
| K) | Approve the annual media management plans, raised by the National Radio and National Television Directors. |
| L) | Fiscaling and monitoring all its services and dictating the rules and regulations necessary for the performance of the tasks of the organism. |
| M) | Controlling the quality of your own and contracted services to third parties. |
| N) | Projecting, within a period of one hundred and eighty days of the Directory, the General Regulation of the body, to the Executive Power for approval. |
| A ') | Projecting the salary, expense, and investment budget and elevate it to the Executive Branch for approval, as per provided by the article 221 of the . |
| O) | Delegate powers by unanimity of its members, being able to endorse by most simple the cases that were the object of delegation. |
ArtAculoA 154.A (SPRTN President).-The President will be in charge of executing and enforcing the Board's resolutions.
They are in addition to the President's remit:
| A) | Convening and presiding over the Board meetings and giving account of all issues that may interest SPRTN. |
| B) | Adopt the required resolutions for the proper functioning and internal order of the SPRTN and regular and regular loan their services, other than those that are proprietary to the Directory in accordance with the constitutional, legal and regulatory norms contained in the General Rules of the Body. |
| C) | Preparing and submitting to the Directory the projects of regulations, provisions, resolutions, and other acts that considers appropriate for the good provision of the competition services of SPRTN. |
| D) | Being a secondary computer for expenses and payments, with the limit of double the maximum of the abbreviated tenders in force for the body, without prejudice to the competence to dispose of expenses and payments that may be allocated to other officials under the hierarchy of the rules in force. |
| E) | Firing and publishing within one hundred and twenty of the following runs at the end of the exercise and prior approval of the Directory, the annual balance sheet, in accordance with Article 191 of the . |
The administrative acts dictated by the President shall be made in accordance with the Directory, in accordance with the constitutional and legal norms in force.
ArtAculoA 155.A (SPRTN representation).-The representation of the body shall correspond to the President, assisted by the official who for that purpose determines the Directory.
In case of absence or incapacity of the President or if the position is vacant, the functions of the President shall be exercised by the Vice-President.
ArtAculoA 156.A (Directory's Cuerrum).-The cuorum so that you can sessionthe Directory will be two members.
The resolutions shall be adopted by a simple majority of votes, except in cases where this Law or the General Regulation provides for the unanimity of votes to be resolved.
ArtAculoA 157.A (Liability).-Members of the Board are personally and severally responsible for resolutions voted in opposition to the , laws or regulations.
This liability is waived:
| A) | Those present who would have recorded in minutes their dissent with the resolution adopted and the foundation that motivated it. |
| B) | The absence of the session in which the resolution was adopted, provided they record their dissent in the first the opportunity where possible. |
In both cases the President should order that the Executive Branch be referred to the respective minutes.
ArtAculoA 158.A (National Radio and National Television Directorate).-A National Radio Director and a Director of National Television, who will be in charge of the National Radio Directorate. and the National Television Directorate, respectively.
The Director of National Radio and the Director of National Television, will be appointed by the Board of the SPRTN, by means of a resolution founded unanimously adopted by its members.
In the case of not having made the appointments to the sixty days of the constituted the Directory or, in the same period, in case of definitive vacancy, the design could be realized by the simple majority of members of the Directory.
They may be terminated by a settled resolution adopted unanimously by the members of the Board.
The National Radio Directorate and the National Television Directorate will be responsible for the SPRTN responsible for drawing up, for the purposes of their approval by the Board, and implementing the annual media management plans under its direction.
Once the annual management plan has been approved by the SPRTN Directory, you will be able to take the necessary measures, including the ordering of expenses, to direct the operation and day-to-day operation of the service to your office, for which you will be able to with broad autonomy and editorial.
You will report to the Directory, justifying the measures taken, and how they conform to the approved general management plans and policies.
ArtAculoA 159.A (Incompatibilities).-The members of the SPRTN Directory and the National Radio and National Television Directors will not be able to have direct or indirect links with companies or enterprises commercial links to radio, television, advertising, communication or the like, during the period of their management.
Are the inhibitions arranged in the items 200 and 201 of the .
The transgressiation to the foregoing, will be sanctioned with the disablement to hold positions of particular trust, for a period of ten years.
The members of the SPRTN Board and the Directors of National Radio and National Television will have the right to receive the subsidy enshrined in Article 5 of the Law 15.900 of 21 October 1987, with the modifications to the single article of the Law 16.195 of 16 July 1991, in the terms and conditions laid out.
ArtAculoA 160.A (Control over acts and management).-The acts and management of the Board members shall be subject to the provisions laid down in Articles 197 and 198 of the href="areuelveref.aspx?CONSTITUTION, 401/art197/2004/HTM/" title="Constitution in force on this document, " Constitution of the Republic.
ArtAculoA 161.A (Heritage).-The heritage of SPRTN will be constituted by all the real estate, furniture and rights affected by the Executive Unit 024 "National Audiovisual Communication Service" of the Ministry of Education and Culture, all who are assigned to their service or jurisdiction today, as well as those who are acquired or receive in the future any title.
The SPRTN shall take into account all debts and obligations arising from that Unit, as well as its services, receiving the funds or resources concerned.
ArtAculoA 162.A (SPRTN Resources).-The resources of the National Radio and Television Network System will be integrated as follows:
| A) | The natural and civil fruits of your assets. |
| B) | The donations and legacies you receive. |
| C) | With asset transfers that are made to you by the Central Government, Municipal Intrends, and any another State body. |
| D) | All the revenue you get from the sale of your services or products. |
| E) | With the allocations that result from your budget, which will be processed and processed according to the rules of the article 221 and concordant . |
ArtAculoA 163.A (Donations to SPRTN).-Facultbe to the Executive Branch to incorporate the benefits set by the artAculoA 462 from the Law No 16.226,29 October 1991, in the wording given by ArcuculoA 579 of the Law No. 16,736, of 5 January 1996, to the tax-paying companies of the Tax on Economic Activities and the Tax on Heritage, for donations made to the Public Radio System National Television (SPRTN), for the purpose of fulfilling its tasks.
ArtAculoA 164.A (Budget).-The President will submit to the Board of Directors the draft budget for the following financial year, at the latest by June 30 of each year.
After your approval by the Directory, the Administration will present the draft budget to the Executive Branch and the Court of Auditors, in accordance with the article 221 of the .
ArtAculoA 165.A (Account rendiciation).-The Administration will present to the Executive Branch the status of patrimonial situation at the close of each annual financial year and the statement of results corresponding to the exercise, drawn up in accordance with appropriate accounting standards, within the first three months of the following financial year.
The above mentioned accounting statements shall be published in accordance with the provisions of Article 191 of the communicated by the Executive Branch and notified by the Court of Auditors.
ArtAculoA 166.A (Exonerations).-SPRTN will be exempt from all kinds of national taxes, in addition to those provided for in special laws, except special social security contributions.
ArtAculoA 167.A (Expropriation).-Declare the public utility, and understood in artAculoA 4 of Law No 3,958 of March 28, 1912, and its amendments, the expropriation of the goods necessary for the performance of the tasks of SPRTN.
ArtAculoA 168.A (SPRTN officials).-The budgeted officers of the Executive Unit 024 "National Audiovisual Communication Service", of the Ministry of Education and Culture, are incorporated with the vAnculo jurAdico, from the date of validity of this law, to SPRTN.
The staff hired or eventually will maintain with the SPRTN, the same vAnculo jurAdico, with the same conditions and for the same period, that exists with the Executive Unit 024 "Service of National Audiovisual Communication", of the Ministry of Education and Culture at the entry into force of this law.
Within a period of one hundred and eighty days, from the constitution of the SPRTN Directory, the same project will project and raise the Staff Regulations, establishing identification of functions and jobs, descriptions of posts and employment system, remuneration system, conditions of admission, training and development, evaluation of performance, promotion, rest, licensing, suspension or transfer, disciplinary measures and other components of the functional career up to final discharge from the official.
ArtAculoA 169.A (Administrative Procedure).-Within one hundred and eighty days, from the constitution of the SPRTN Directory, the same will dictate the provisions relating to the procedure general and disciplinary administrative in particular, on the basis of the following principles:
| A) | Imbias. |
| B) | Objective Legality. |
| C) | Impress of trade. |
| D) | Material Truth. |
| E) | EconomAa, celerity, and effectiveness. |
| F) | Informalism in favor of the administered. |
| G) | Flexibility, materiality, and absence of ritualisms. |
| H) | Material delegation. |
| I) | Due to procedure. |
| J) | Contradiction. |
| K) | Good faith, loyalty, and truth, except proof to the contrary. |
| L) | Motivation of the decision. |
| M) | Gratuity. |
A
ArtAculoA 170.A (Honorary Commission Advisor to the Public Radio and Television System).-The Honorary Commission of the Public Radio and Television System, which will act in a way and in the administrative area of SPRTN.
ArtAculoA 171.A (Integration).-The Honorary Commission of the Public Radio and Television System will be integrated by the following twelve honorary representatives: two representatives of the SPRTN workers; a representative of the International Workers ' Association-National Confederation of Workers PIT-CNT; a representative of the University of the Republic; two representatives of civil society working on issues linked to the tasks of SPRTN; a non-legislator appointed by the General Assembly; a representative of the Institute of the NiA and Adolescent of Uruguay; a representative of the National Administration of Education, a representative of the Union of Workers of the Social Communication (Association of the Uruguayan Press); a representative of the citizens, in their capacity as users, to be designated according to what is established by the regulation and a representative of the Congress of Intenders, all of them with their respective alternates.
The President of the Honorary Commission of the SPRTN will be appointed by the members of the Commission by majority.
ArtAculoA 172.A (Committed).-The Honorary Commission of the Public Radio and Television System (SPRTN) will have the following tasks:
| A) | Advising the SPRTN Directory. |
| B) | Receiving, managing, and analyzing complaints, individual or collective, made by the public regarding programming issued by SPRTN. |
| C) | Propose, if appropriate, to the SPRTN Directory modifications or changes properly founded. |
| D) | Propose to the SPRTN Directory, regulations on audiovisual media. |
| E) | Dictate and approve your internal operating rule. |
ArtAculoA 173.A (Operation).-The call for the creation of the Honorary Commission of the Public Radio and National Television System will be performed by the Board of the SPRTN.
The Honorary Commission of the SPRTN will elaborate, according to the provisions of the literature of the previous article, its own rules of internal operation, and must establish in the same one the cuorum for sessioning and to solve.
The Rules of Procedure will also determine how often sessions will be held, which will be documented through the minutes.
SPRTN will provide the budget and human, administrative and technical resources needed for the operation of the SPRTN Advisory Committee.
ArtAculoA 174.A (Community Broadcasting).-Community audiovisual communication services using radio spectrum shall be granted and provided in accordance with the requirements, procedures, criteria and lAmites set in the Law No. 18232, dated December 22, 2007.
For the granting of authorizations, the mandatory opinion of the Audiovisual Communication Council will be required.
ArtAculoA 175.A (References).-References to the Communications Services Regulatory Unit (Ursec), made in artAculsA 12 and 17 literals A D) and G) of the Ley NAºA 18,232, shall be considered to be made to the Council of Audiovisual Communication, without prejudice to the powers established by this law, in favour of that body.
ArtAculoA 176.A (Competencies).-Corresponding to the State, through the Executive Branch, the Communications Services Regulatory Unit, the Audiovisual Communication Council or the Judicial Branch, corresponds, the control, the supervision, the exercise of the sanctioning power and the imposition of the obligations foreseen and in accordance with the provisions of this law.
ArtAculoA 177.A (Types of Violations).-The violations provided for in this law are classified as mild, severe, and very serious.
ArtAculoA 178.A (Very severe infractions).-SerA very serious infractions:
| A) | The provision of audiovisual communication services without the corresponding authorization or license. |
| B) | The delegation of the service to the service, with the considerations of the first inceA of the 100 and the article 101 of this law. |
| C) | The breach of the requirements required to be a holder of audiovisual or audiovisual communication services (a) the incompatibilities established in this law. From this violation, the entities responsible for the license or authorization shall be responsible when the same refers to the company itself or to partners representing 10% (ten percent) of the shares or social quotas. |
| D) | Failure to comply with the limitations on the ownership of audiovisual communication services set out in the articles 53 and 54 of this law, after warning. |
| E) | The distortion of the requirements required to obtain authorization or license for service delivery. |
| F) | The transfer of the ownership of the audiovisual communication service or the service, or the shares or shares of the company holder of the authorization or license without authorization from the Executive Branch. |
| G) | Failure to install or initiate emissions within the time limit set when authorization or license is granted. |
| H) | Suspense of emissions, without giving due cause of force majeure, for thirty days within the an aA ± o. |
| I) | The broadcasting of radio and television signals whose inscription in the Audiovisual Communication Services Registry has cancelled. |
| J) | Refusal, resistance, or other deliberate conduct that prevents, hinders, or delays the exercise of inspection powers of the Administration. |
| K) | The reiteration of serious violations within three years. |
| L) | The diffusion, in a repeated manner, of programming in violation of the right of non-discrimination set in the article 28 of this law, and the protection of the rights of the children, children and adolescents established in this law. |
| M) | The serious, repeated or sustained breach of commitments and obligations assumed upon obtaining the authorization or license, when mediating the competent authority's intimation, the subject shall not proceed to its compliance. |
| N) | The repeated non-compliance of the content mAnimos set forth in this law as a form of promotion of the audiovisual industry. |
| A ') | The repeated failure of the obligation to broadcast the fields of public good or official chains. |
| O) | The repeated non-compliance of the binding resolutions issued by the enforcement and audit authorities and control, in exercise of their competencies. |
| P) | The repeated failure to meet the information requirements dictated by the competent authority in each case. |
The conduct will be considered to be repeated when three or more opportunities are raised in the three-year run counted from the finding of the last offence.
ArtAculoA 179.A (Serious infractions).-Serious violations:
| A) | The non-payment per mA of three perAodes of the prices or taxes to which you are bound. |
| B) | Failure to comply with the obligations relating to the recording or distortion of the data provided, where it does not constitute very serious infraction. |
| C) | Non-compliance with the obligations assumed when granting authorization or license, when it does not constitute an infringement severe. |
| D) | The violation of obligations in respect of the rights of persons established in the articles of the present law when it does not constitute a very serious infringement. |
| E) | The violation of the obligations in terms of promotion of the national audiovisual production set forth in this law when does not constitute a very serious violation. |
| F) | The broadcasting of programming by radio or television services whose holder has not complied with the registration obligation or whose registration has been cancelled, when it is not a very serious infringement of the law in accordance with the previous literaA. |
| G) | Failure to comply with the obligation to address a request for information dictated by the application authorities, control and control, in exercise of their powers. |
| H) | Failure to comply with a resolution dictated by the enforcement, audit, and control authorities, in exercise of their competencies. |
| I) | The commission of a minor infraction, when the offender has been sanctioned, within a year of the This is the case, for two or more minor, severe or very serious infractions. |
| J) | Failure to comply with the content of content set out in this law as a form of industry promotion audiovisual, when it does not constitute very serious infractions. |
| K) | Non-compliance with the obligation to broadcast the fields of public good or official chains. |
| L) | Performing acts of collusion or incurring other anticompetitive practices. |
| M) | For not having constituted garantAa when it was due to it or for not having spare it in the event of total execution or partial. |
ArtAculoA 180.A (Minor infractions).-No minor violations of actions or omissions contrary to the obligations established in this law that are not classified as serious or very serious infractions, provided that do not involve serious injury to the fundamental rights protected by this law.
ArtAculoA 181.A (Types of penalties).-The commission of violations will give place to the application of the sanctions listed below, which will be graded according to their severity and considering the existence or non-recidivism:
| A) | Observation. |
| B) | Aperception. |
| C) | Ignoring the elements used to commit the infraction or the goods detected in violation, which may be applied exclusively or accessorial to the planned demAs. |
| D) | Multa. |
| E) | Suspending up to ninety days in activity prestation, in cases of very serious violations. |
| F) | Revocation of the concession, authorization, license, or record as set forth in the article 183 of this law. |
ArtAculoA 182.A (Multas).-The quantAa of the sanction that is imposed will be graduated, taking into account the following:
| A) | The severity of the violations previously committed by the subject to which it is sanctioned. |
| B) | The economic damage and social impact that the users and consumers are causing the violations. Such an impact will be weighted by both the potential audience of the television service or radio as well as that of the total actual average audience of radio or television in the time during which the offence occurred, if it is outside the application. |
| C) | The benefit that has been reported to the offender by the offending fact. |
The maximum amount of the fine will be 10,000 UR (ten thousand readjustable units).
The consent or final decisions imposing pecuniary sanctions in accordance with the provisions of this law constitute the executive title to all its effects.
The elaboration of the table of graduation of the penalty of fine that will have as a basis the criteria provided in this law for the purposes of guaranteeing its proper application by the Administration, will be the object of the regulation that is dictate timely.
ArtAculoA 183.A (Authorization or License Revocation).-Authorization or license may be revoked for the following reasons:
| A) | Failure to meet the required requirements to be a holder or, when measuring requirement, would not have been Subsated in term. |
| B) | Distortion of the requirements required to obtain authorization or license. |
| C) | Failure to comply with the incompatibilities when the violation is committed by the holder of the authorization or license, and, in the case of companies, the holders who have the corporate control of this. |
| D) | The total transfer of the entitlement of the service without prior authorization from the Executive Branch. |
| E) | The commission of a very serious violation when the same subject has been sanctioned within a year by the commission of one or more very serious infractions. |
| F) | Not having installed or started emissions within the time limit set when granting authorization or license. |
| G) | Suspense of emissions, without giving due cause of force majeure, for thirty days within the an aA ± o. |
| H) | Not having constituted garantAa when it was due to it or not having spare it in the case of full or partial execution. |
| I) | The serious, continued or repeated breach of commitments and obligations assumed upon obtaining authorization or license. |
In the case of the provision of an audiovisual communication service without being authorized to do so, the infraction will be sanctioned with fine and the cessation of the emissions, and the equipment of transmission or diffusion, used for this.
ArtAculoA 184.A (Advertising of sanctions).-Consensual or definitive resolutions determining sanctions on the services of audiovisual communication will be public and, in the light of the public the offence committed, may be carried out the obligation to disseminate in the service subject of the sanction, in the terms determined by the competent authority, the resolutive part of those.
ArtAculoA 185.A (Procedures).-In all cases, the application of penalties will be performed in accordance with the principles of due process and the reasonable adaptation of the sanction to the infringement.
ArtAculoA 186.A (Prescription).-Very serious infractions will be prescribed at six years, severe to three years, and mild to the year of your commission.
ArtAculoA 187.A (License cost).-All holders of audiovisual communication services for satellite subscribers or using physical means for distribution, should pay annually the cost of renewal of your license. This will be calculated on the basis of 2.10 IU (two with ten indexed units) per subscriber per month.
The proceeds of this concept will go to the "Fund for the Promotion of the Audiovisual Communication Sector" established by the article 62 of this law.
ArtAculoA 188.A (Price per right of use of radio spectrum).-As set by the literalA E) of artAculoA 94 of the Law No 17.296of 21 February 2001, in the wording given by ArcuculoA 142 of the Law No. 18,996of 7 November 2012, all holders of commercial audiovisual communication services using radio spectrum, excluding satellite, will pay monthly, for a price concept for the right to use and use of radio frequencies, the amounts detailed below, where "h" is the number of inhabitants of the area of service according to the last census published by the National Institute of Statastic and the Base Unit for Spectrum Use (UBUE) is the base unit that is taken for the circle, the amount of which will be adjusted annually and initially fixed at the equivalent in pesos to 153 IU (one hundred and fifty-three indexed units).
Radio Broadcasting Services:
Services with a service area exclusively inside the paAs:
| | Exonerated |
Services with a service area in the interior of the country that covers Montevideo:
| | 3.5 x UBUE |
Services with service area in Montevideo:
| | 3.5 x UBUE |
Television Broadcasting Services:
Services with service area inside the paAs:
| | Exonerated if h < 20,000 | |
| | 15 x UBUE if 20,000 < h < 50,000 | |
| 35 x UBUE if 50,000 < h < 300,000 | |
| 350 x UBUE if 300,000 < h |
Services with service area in Montevideo:
| | 550 x UBUE |
Television Services for subscribers (for each 6 MHz channel allocated):
Services with service area inside the paAs:
| | 2 x UBUE if 0 < h < 2,000 | |
| | 5 x UBUE if 2,000 < h < 5,000 | |
| (h/10,000 + 4, 5) x UBUE if 5,000 < h < 30,000 | |
| (h/20,000 + 6) x UBUE if 30,000 < h |
Services with service area in Montevideo:
| | 80 x UBUE |
The holders of broadcasting services shall be exempt from this payment for the first three years of the granting of the original spectrum use concession, if they have not been counted in the past with another concession for spectrum use. on the same service category (radio or television).
The subscriber's subscription to this concept will apply to the destinations indicated by the article 142 of the Law No 18,996of 7 November 2012. As regards the part administered by the Ministry of Industry, Energaa and MinerAa, the text of the aforementioned article will be the same as part of the "Fund for the Promotion of the Audiovisual Communication Sector" established by the Ministry of Industry. artAculoA 62 of this law.
Not included are the prices for point-to-point links, such as directional, study-plant, point-multipoint, two-way and fixed-mobile links, links for transport of signals, among other links, which maintain their current status.
ArtAculoA 189.A (Attachment to anti-concentration rules).-In case of current situations that, at the date of entry into force of this law, exceed the defined concentration limits, the holders of audiovisual communication services should transfer the authorizations or licenses necessary to not exceed the established concentration limit, for which it will have four years after the current law for have effectively completed the transfer.
ArtAculoA 190.A (Attachment to the rules of incompatibility and disqualifications).-The headlines of the audiovisual communication services reached by the provisions of article 56 of this Law, shall have a period of 12 months in order to comply with the provisions laid down in this Regulation.
The holders of audiovisual communication services achieved by the literals A (D) and (F) of Article 105 of this Law shall have a period of four years in order to comply with the provisions of this law.
ArtAculoA 191.A (Attachment to radio or television signal relaying regulations).-The radio or television services that exceed the lAmites set forth in article 59 of this law, 12 months to comply with the regulations.
This time limit shall be counted from the public draw which the Audiovisual Communication Council shall carry out in order to determine which shall fall within the exception laid down in that Article, corresponding to the original that you are relaying.
Sweepstakes will be performed, at one time for each original radio or television signal, among those who have not expressly disallowed their aspiration to be included in the exception.
ArtAculoA 192.A (Attachment to the national audiovisual production promotion regulations).-The Audiovisual Communication Council will establish a timetable for the progressive implementation of the requirements set forth in items 60 and 61 of this law, taking into consideration the geographical location, the population to serve, and the type of communication service, which should have a maximum duration of two years.
ArtAculoA 193.A (Attachment to the rules of your own).-The television services for subscribers will have a period of twelve months to comply with the provisions of article 116 of this law.
ArtAculoA 194.A (Adecuation of the deadline for authorizations).-The authorizations in force to provide non-satellite audiovisual communication services using radio spectrum and have been granted with precarious and revocable cter, will expire at the time of the promulgation of this law, as its corresponding concession of use of radio spectrum and channel allocation.
The Executive Branch shall grant new authorizations, concessions and channel allocations to the current holders, with the time limits set forth in Article 125 of this Law, which shall be counted from that date.
Within the ninety days running after the current law, the Council of Audiovisual Communication will publish the thematic indexes of the communication projects of the services included in the authorizations in force. From this publication, the current holders will have ninety days to submit to the Council of Audiovisual Communication their corresponding communication projects, adjusted to the aforementioned Andice TemA. These projects are the ones that will be considered in the renewal procedure established in the article 126 of this law.
Except as provided for in the first paragraph of this Article, the authorizations, concessions and channel allocations that have been granted in time, such as authorizations, concessions and service channel allocations An open television network. These last ones will expire at the time of the cessation of the anallogical open television broadcasts.
ArtAculoA 195.A (Classification indicative of audiovisual works).-The Council of Audiovisual Communication should develop, in coordination with the Institute of the Nià ± o and Adolescent of Uruguay, a new framework for the indicative classification of audiovisual works in relation to the minimum age of the recommended viewer, according to the new formats and types of contents of the current audiovisual communication.
Both organizations will also produce a proposal for the normalization of the visual and sound signs to be used for the programs, which will be elevated by the Council of Audiovisual Communication to the Executive Branch for its approval.
ArtAculoA 196.A (Inscription of signs that are already being issued).-The signs that are already being issued to the date of entry into force of this law, or the audiovisual communication services already (a) the date of entry into force of this law, provided for in Article 136 of this Law, within the time limit set by the Council for Audiovisual Communication.
ArtAculoA 197.A (Adecuation to the time and space regulations for advertising in radio broadcasting services within the country of the country).-The radio broadcasting services of the interior of the paAs, A period of three years shall be within three years to adjust the minutes of advertising messages for each hour of transmission to the maximum number laid down in Article 139 of this Law.
During that time, you can issue a maximum of twenty minutes of advertising messages for each hour of transmission.
ArtAculoA 198.A (RA©gimen Transitorio of the Council of Audiovisual Communication).-From the validity of this law, and until the charges are created members of the Council of Audiovisual Communication, the The powers of the unconcentrated will be in charge of the bodies that currently hold them, except those created by this law, which will be exercised by the National Institute of Human Rights and the Town.
ArtAculoA 199.A (RA©gimen Transitorio del Sistema PAºblico de Radio y Televisión Nacional).-As long as the first budget for the decentralized service created by this Law is not sanctioned, it will govern the Date of its promulgation to the Ministry of Education and Culture, to the Executive Unit 024 "National Audiovisual Communication Service", including all budget credits, whatever their nature.
As of the validity of this Law, and until the Executive Branch appoints the members of the Directory of the Public Radio and National Television System, all of its functions will be exercised by the current holders of the Directorate of the Executive Unit 024 "National Audiovisual Communication Service" of the Ministry of Education and Culture.
As long as the General Regulation of the body provided for in the literature is not given in the literature, A 153 shall, as soon as it is not incompatible with the legal nature of the SPRTN, the rules in force in the deleted Unit, on operation and internal organization.
The transfer of the domain in favor of the SPRTN of the goods of the State referred to in the article 161 will operate in full right with the entry into force of this law. The Executive Branch shall determine the real estate included in this transfer, and the public records shall be recorded with the sole presentation of the notarial testimony of that resolution.
ArtAculoA 200.A (Express Derogations).-Derogase the Decree-Law No 14,670, ofJune 1977, the Decree-Law No 15,671of 8 November 1984, and Articles 15 and 16 of the Law No 18.232of 22 December 2007, as amended and agreed and any rule that objects to the provisions of this law.
ArtAculoA 201.A (Tax Exonerations).-No application shall be made for the purposes of the taxes created in this law, the tax exemptions provided for by other laws, except those which expressly provide for their exoneration. All of which governs without prejudice to the exonerations established by constitutional norms and their interpretative laws.
ArtAculoA 202.A (Reglamentación).-The Executive Branch shall regulate this law within a period of one hundred and twenty days from the date of its publication in the Official Journal.
A A A A A Sala de Sessions de la CA ¡ mara de RepRepresentatives, in Montevideo, a 22 December 2014.
Cúmplase, acedos sese recibo, comunAquese, publáquese e insáltese en el Registro Nacional de Leitos y Decretos, la Ley por la que se regula la prestón de servicios de radio, televisión y otros servicios de comunicarón audiovisuásia.
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 Montevideo, Uruguay. Legislative Power. |
