A/HRC/41/35/Add.1 online platforms, and experienced challenges in keeping journalistic sources confidential in the face of compromised access to encryption and anonymity software. The Special Rapporteurs also express concern about the government surveillance of journalists and media outlets in the past, noting that such surveillance can only be justifiable under the most extreme circumstances, when the principles of necessity and proportionality are satisfied. D. 1. Pluralism and diversity in communications Community radio 38. The Special Rapporteurs observe that Ecuador has adequate constitutional protections regarding community media. The Constitution provides for guarantees of plurality and diversity in communications (art. 17), equitable distribution of frequencies (art. 16), promotion of freedom of expression for indigenous groups (art. 57) and protections against discrimination (art. 11 (2)). Despite these constitutional guarantees, in their communication sent to the authorities in January 2019, the Special Rapporteurs expressed concern about the text approved by the National Assembly in December 2018 to amend the Organic Law on Communications, which could reverse the advances made in regulations for the sector, and proposed amendments to several of the provisions. Community media representatives had strongly rejected some of those provisions because, in their view, the proposed changes in the mechanism for granting radio and television frequencies were unconstitutional and illegitimate. 39. The Special Rapporteurs note that some of the concerns raised by community media outlets were addressed by the President when he presented his partial objection to the text approved in December 2018, through the exercise of his power to veto articles 88, 89 and 93. Nevertheless, such outlets stressed that both texts, from the National Assembly and from the President, would discriminate against community media. According to community radio representatives, the eight approved provisions would continue to allow the automatic renewal of frequencies that had been renewed under the previous law, and would therefore be unconstitutional. In addition, the Special Rapporteurs were informed that some of the modifications proposed by the President (to articles 8, 38, 69, 82 and 87 of the text) would affect, among others, the provisions on affirmative action established in the law. In this regard, the Special Rapporteurs consider it positive that, following the presidential veto and the claims made by the community media sector, the affirmative actions guaranteed by the Constitution were maintained in the text published on 20 February 2019. With respect to article 8, which replaced article 11 of the original text, community media outlets indicated that part of the wording contradicted the meaning of affirmative action. 40. The Special Rapporteurs note that article 38 of the law, which replaces the original article 49, eliminates the responsibility of Council on the Regulation and Development of Information and Communications to evaluate communication projects in cases of competition for frequency assignment. This eliminates one of the fundamental responsibilities of that Council, namely, monitoring and evaluating public policies related to community media. Concerning article 87, on the equitable distribution of frequencies, which replaces article 106 of the original text, community media representatives raised concerns that the word “availability” in the text contradicted the reservation of frequencies for community media and left such outlets without access to frequencies in cities where there was no availability on the spectrum. The representatives indicated that the change would also increase the percentage of frequencies assigned for private media and reduce the percentage of frequencies assigned for public media. 41. The Special Rapporteurs reiterate that it is essential that the law guarantee genuine community media on terms under which communities do not have to compete with private actors according to the same criteria. Community radio, to be successful, requires government financial and training support so that local initiatives can ensure rural and indigenous peoples’ access to information and communication. Community radio offers diverse groups, such as women and indigenous, Afro-Ecuadorian and lesbian, gay, bisexual, transgender and intersex communities, access to information that they might not 9