A/HRC/41/35/Add.1
otherwise obtain and, conversely, allows people who have been discriminated against
historically to have a voice and to transmit important information affecting their
communities.
42.
During their visits, the Special Rapporteurs were also informed that the suspension
of the 2016 tender for the allocation of 1,472 radio and television frequencies by the agency
for the regulation and oversight of telecommunications – following the issuance by the
Office of the Comptroller General of a binding opinion instructing the bodies in charge of
the bidding process to suspend it – has caused concern and legal uncertainty among private
media outlets and in the community sector. According to reports, at the time of the
suspension, in June 2018, the allocation processes had been completed for 268 frequencies,
while another 800 frequencies were still pending examination and decision by the
aforementioned agency. According to updated information provided by the State, as at 11
February 2019 211 frequencies still needed to be examined. The Council on the Regulation
and Development of Information and Communications reported that its Executive
Directorate, through resolution No. 788 of 14 September 2018, had, in accordance with the
current legal system, brought the process for opening the administrative procedure into
compliance with the recommendation of the Comptroller General, and that due process
would be respected.
43.
The Special Rapporteurs note that various media actors agree that there were
irregularities in some of the bids processed and in different aspects of the competition.
Nevertheless, some of the actors who participated in the competition in good faith met their
obligations and in some cases have already obtained licences to operate; other actors who
participated in the competition reported that the State had suspended the bidding process.
44.
In view of the above, the Special Rapporteurs recommend that the State establish an
advisory council or forum for all the stakeholders involved (public, private, commercial,
and community media), in order to engage in a dialogue on the general framework for
spectrum allocation, a case-by-case review of the rights already granted to beneficiaries in
good faith, and the establishment of new allocation processes. The Special Rapporteurs
offer their assistance, in the form of follow-up and technical advice, to the State in handling
this process.
2.
Public broadcasting
45.
The Special Rapporteurs would like to highlight the importance of the process
undertaken by the Secretary for Communication to ensure pluralism in the public media.
They also appreciate that the legislation amending the Organic Law on Communications
puts an end to the 33 per cent quota for public media. The Special Rapporteurs stress that
public service media must be accessible to all, represent the views of a broad range of
political and social interests, including those of vulnerable groups, and have sufficient
financial and human resources. The Special Rapporteurs urge the State to develop public
broadcasting media protocols and measures to guarantee pluralism in coverage, especially
in electoral contexts, as well as to guarantee the independence of journalists and analysts
from government influence.
46.
During their visits, the Special Rapporteurs were informed of the discontinuation of
the national mandatory government broadcasts, which had been used to interfere with the
functioning of the media. They note that, as part of its strategy of attacking the press,
opponents and human rights advocates, the previous Government abused its legal power to
air national government broadcasts. Ceremonies or events led by the President of the
Republic, known as Ok – which lasted for hours – were broadcast live through the public
media and used to discredit or mock journalists, social leaders and dissidents. The Special
Rapporteurs welcome this shift in position, and remind the State that public service media
are public non-profit institutions with a public purpose, that is, non-governmental or
official, which must be afforded editorial independence and adequate protection against
arbitrary interference by governments and corporations. For this reason, they recommend
that the State develop this area, leading ultimately to an independent public broadcasting
entity that is accessible to all people in Ecuador.
10
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