Ecuador's the perfect place for Snowden.

[HiPointDem]

3. there seems to be some difference of opinion about ecuador's media law.

In an atmosphere of festive social mobilisation, the National Assembly of Ecuador adopted the Organic Communications Law on June 14, mandated by the 2008 Constitution. It has taken more than four years for the law to come to light. The law is part of a new democratising trend with respect to communications that is taking shape across Latin America. The most significant antecedent for this is Argentina’s Audiovisual Media Law.

The law implies “recognising the enormous value and the importance of freedom of expression formulated in international instruments of human rights”. But also, Andino said, it adds “a series of opportunities and services in order for that freedom to really exist for everyone, so that it ceases to be a privilege enjoyed only by those better situated in our society”.

The law prohibits previously existing censorship measures. But it also emphasises ultimate media liability for content they publish; and it defends the rights of press workers, with employment security.

The law redistributes existing radio frequencies. It sets aside 33% for private media, 33% for public media and 34% for community media (to be applied gradually). (This is the key point for which the majority private broadcasters are up in arms).

It also eliminates monopolies in audiovisual media. This means that any individual or legal entity can own no more than one main radio station frequency concession in AM, one in FM and one in television. Also, in line with the results of the Radio Frequencies Audit, undertaken three years ago, those airwave frequencies that were assigned illegally or whose beneficiaries have not complied with the law, will be given back to the State. This will free-up frequencies for other sectors.

These clauses incorporate the key proposals made by advocates of democratising communication. This includes clauses designed to encourage cultural production, such as the 60% of daily programming that is now required to consist of nationally-produced contents.Of this, 10% must come from independent producers. There is a minimum quota in musical programs of 50% music produced, composed or performed in Ecuador, complying with payment of royalties.

Among the innovations in the final version of the law,is the obligation for private advertisers to allocate at least 10% of their annual advertising budget to media with local or regional coverage. This is designed to ensure media with a smaller broadcast range or lower print run, and those located in rural areas, may share in advertising income.

In regards to workers' rights, the new law stipulates that the hiring of workers in national media conform to “criteria of equity and equality between men and women, inter-cultural representation, equality of opportunity for disabled persons and intergenerational participation”. It also obliges the media to provide economic, technical and material resources for their employees for the adequate exercise of their journalistic tasks.

Another innovation is the prohibition of “media lynching”. This is understood as “the dissemination of information that is expressly and recurrently designed to destroy the reputation of a natural person or legal entity or to impinge on their public credibility”.

The adoption of the law is not the end of the process, but a starting point. There is already an opposition offensive underway nationally and internationally, by big business media, who refer to it as a “gag law”. There are possible legal challenges.

[Abridged from Alainet. Translated by Jordan Bishop.]

http://www.greenleft.org.au/node/54362