A/HRC/41/35/Add.1
criminalization of human rights defenders have been drawn up and are currently under
review by the National Assembly.
V. Conclusions and recommendations
70.
The Special Rapporteurs recognize the progressive and substantial turnaround
in the situation of freedom of expression in Ecuador and stand ready to provide
technical advice and assistance to the Government to fully achieve freedom of
expression in the country.
71.
The Special Rapporteurs call upon the relevant authorities to implement the
recommendations listed below.
Legal change
72.
With regard to the Organic Law on Communications, the Special Rapporteurs
call upon the relevant authorities to:
(a)
Ensure interpretation and implementation of the provisions of the rights
to correction and to reply contained in articles 23 and 24 of the amended law in
accordance with the right to freedom of expression in order to prevent indirect
censorship or intimidation of the media;
(b)
Revise the rule that establishes compulsory qualification requirements
for the practice of journalism.
73.
With regard to the Criminal Code, the Special Rapporteurs call upon the
relevant authorities to:
(a)
Decriminalize offences against honour and reputation and convert them
into civil violations, consistent with international human rights law and best practices;
(b)
In particular, amend articles 182 and 396 of the Criminal Code, which
allow criminal sanctions in connection with expression targeting an individual’s
honour and good name;
(c)
Also amend articles 307 and 322 of the Criminal Code, which provide for
penalties of five to seven years of imprisonment for anyone who disseminates false
information that results in economic or financial panic, both only vaguely defined in
the Criminal Code.
Promoting independent journalism
74.
The Special Rapporteurs call upon the relevant authorities to:
(a)
End the culture of acting with impunity against journalists. To start,
those journalists who have suffered attacks should have access to some form of
reparation, whether moral or compensatory;
(b)
Promote journalism and the purposes of a free press in democratic
society so that journalists can carry out their work free from undue influence by
governmental and other pressures;
(c)
Strengthen the legal framework in order to effectively guarantee the
right of journalists and media outlets to protect their sources and to ensure that any
restrictions meet the strictest standards in accordance with relevant international
norms. Ensure that journalists are able to use the tools necessary to keep their sources
confidential, including encryption and online programmes that ensure anonymity;
(d)
Encourage media training in secondary education and in universities,
build robust media literacy and foster among the population an environment of
respect for journalistic work;
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