A/HRC/41/35/Add.1
Special Rapporteurs also welcome the announced resolution, championed by the Office of
the Ombudsperson, that will lead to the Office issuing general guidelines for dealing with
requests for access to public information. It is imperative that the various government
bodies have a standard process for responding to access to information requests in a manner
that is compatible with international human rights. In tandem with such processes,
government agencies should ensure full training of civil servants about the need to be
responsive to requests for information, in accordance with article 8 of the organic law on
transparency and access to public information.
53.
The Special Rapporteurs noted that Ecuador does not protect whistle-blowers as a
matter of law or practice. The Government should protect any person who discloses
information that he or she reasonably believes, at the time of disclosure, to be true and to
constitute a threat or harm to a specified public interest, such as a violation of national or
international law, abuse of authority, waste, fraud or harm to the environment, public health
or public safety. Protecting whistle-blowers creates an enabling environment for freedom of
information, investigative journalism and the fight against corruption. The Special
Rapporteurs recommend adopting legislation to protect whistle-blowers and were
encouraged to learn of a proposed anti-corruption law that would be including such
protection.
F.
Protection of freedom of expression online
54.
In the past decade, the Internet was used in Ecuador as a space for attacking
journalists and critics. Some of the strategies were systematic, such as the hiring of a
company to request that the main platforms take down politically critical accounts and
content, alleging infringement of the Digital Millennium Copyright Act of the United States
of America; distributed denial of service; and attempts to reveal the identity of anonymous
users. The previous President also created a network to expose and register social media
users critical of his Government, and the State reportedly procured malware from the
Hacking Team company during this period.
55.
The Special Rapporteurs appreciate the fact that no action has been taken on the bills
presented to the National Assembly in recent years with the aim of exercising government
control over social networks. However, they remain concerned that the bill on regulating
acts of hate and discrimination on social networks and the Internet, introduced by the
previous President the day before his departure from office, has not been definitively
shelved to date.
56.
The Special Rapporteurs note that the attack and blocking of accounts has reportedly
decreased since 2017. However, during the visits, civil society organizations, journalists
and media outlets reported several cases of limitations on freedom of expression on the
Internet, including the suspension or blocking of Twitter accounts, such as in the cases of
Fernando Villavicencio and the satirist who wrote under the name of “Crudo Ecuador”, as
well as distributed denial-of-service attacks on opinion or investigative journalism portals,
following political publications and in the context of existing polarization. Civil society
organizations also reported an increase in attacks on vulnerable groups on social networks,
in particular attacks based on xenophobia, homophobia and misogyny.
57.
The Special Rapporteurs note that there are also institutional issues that Ecuador will
need to address in order to ensure a future of non-discrimination for content and content
providers. Currently, for instance, the agency for the regulation and oversight of
telecommunications, which is also responsible for Internet issues, is a subsidiary body of
the ministry responsible for telecommunications, with its directors appointed by the
President. To ensure against claims of politicization, the Government should reform the
Organic Law on Telecommunications to ensure the independence of this regulatory body,
clarifying its position as an independent agency and ensuring multi-stakeholder roles in
appointing its directors. There is also a distinct lack of clarity concerning the Government’s
commitment to network neutrality, which is protected by law but also left uncertain by
article 64 of the telecommunications law, which permits variable tariff plans by Internet
service providers.
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