A/HRC/41/35/Add.1 human rights standards. Similarly, speech attacking a person’s honour is still penalized under the Code. The Special Rapporteurs emphasize that the provisions contained in these articles of the Code are extremely onerous with respect to the exercise of freedom of expression. 26. Article 182 criminalizes slander, defined as the conduct of someone who, by any means, falsely accuses another of a crime, with a penalty ranging from six months to two years of imprisonment. The Special Rapporteurs note that this provision does not meet the requirement of necessity, namely, that it be the option that least restricts the protected right. By excluding evidence of the veracity of claims in cases where a final decision has already been rendered by the criminal justice system, the rule establishes a radical and excessive limitation on the right to freedom of expression in the protection of the right to honour. It is tantamount to an absolute prohibition on referring to certain facts and persons in cases where there is a final judgment of dismissal, which is incompatible with the principles of a democratic system, especially in the case of public officials or those who aspire to be public officials. 27. Article 396, in turn, provides for imprisonment of 15 to 30 days to be imposed on anyone who, by any means, engages in speech that discredits or dishonours someone else. This provision is extremely vague and ambiguous, and therefore has an undeniable discouraging and inhibiting effect on speech. The Special Rapporteurs further observe that the Code contains other problematic offences, such as those established in articles 307 and 322, which provide for penalties of five to seven years of imprisonment for anyone who disseminates false information that results in economic or financial panic. Provisions such as these are bound to have a chilling effect on those commenting on the economy or financial affairs, such as journalists, media outlets and academics. 28. The Special Rapporteurs therefore urge the State to repeal these provisions and adopt relevant provisions in accordance with international human rights law. By deterring speech and the transmission of information, the existing law affects not only journalists and others, but also the amount of information the public is able to receive. B. Promoting independent journalism 29. The 2013 Organic Law on Communications severely eroded media independence, as did governmental pressures on journalists and reporters under the previous Administration. Self-censorship and apprehension surrounding investigative reporting persists among members of the press, as they continue to fear persecution under the Law, despite its legal and technical reform. 30. The practices of the previous Government have left behind a legacy of public distrust of journalists, and have cast doubt on the existence of a free and independent press. The case of journalist Emilio Palacio and the directors of the newspaper El Universo is one of the most emblematic cases of the use of criminal law during the past decade to prosecute and impose example-setting penalties against journalists and columnists. The cases of Fernando Villavicencio and Freddy Aponte are also paradigmatic. While the Government has made efforts towards change, the Special Rapporteurs were informed that a culture in which the role of journalism in a democratic society is not fully understood remains in Ecuador. The Special Rapporteurs are concerned that, as a result of inadequate support for media training in higher education, there is low media literacy and inconsistent application of professional standards. According to information received, journalists in Ecuador still experience low standards of living and the social protections they enjoy are limited. 31. Finally, journalists and media outlets themselves play a critical role in promoting independent journalism and a healthy profession. Despite frustrations with reporting, journalists in Ecuador have not developed a standardized code of professional ethics, or a self-regulatory media accountability and fact-checking system. Restoring public trust in the press and the promotion of independent journalism will require a collective effort from the Government, journalists and the people of Ecuador as a whole. 7

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents