Reforma al art. 18 de la ley orgánica de comunicación para garantizar la autonomía e independencia de los medios de comunicación en los casos de censura previa

The legal issues regarding this investigation is aimed at legal analysis of legal arrangements in the Communications Law of Ecuador published in the Third Supplement to Official Gazette No. 22 dated June 25, 2013 in accordance with its art. 1 is to develop, protect and regulate, at the administrative level the exercise of communication rights constitutionally established. This law in the process of discussion, debate and socialization between different media and different sectors of national and community prior to their approval was subject to criticism, questions and observations of different nature, being that the legislative act in question proposed a system control all the activities of public and private communication in Ecuador, being involved, the regulation of one of the civil rights and today according to our Constitution in place one of the most momentous freedom rights as indeed it is the freedom of speech and thought: Art. 6 is recognized and guaranteed to persons: (...) "The right to speak and express their thoughts freely and in all its forms and manifestations (...)." One of the provisions that cause controversy and has even been the pattern for media sanctions imposed for not spreading news about events called "public interest", calling such omissions as acts of censorship, is contained in the art. 18 then I transcribe: "Art. 18.-Prohibition of censorship previa.- prior censorship by an authority, public officer, shareholder, partner, advertiser or any other person in the exercise of its functions or quality review previous content is prohibited approve or disapprove its diffusion through any media, in order to obtain unlawfully own benefit, favor a third party and / or harm to a third party. The media have a duty to cover and disseminate matters of public interest. The deliberate omission of the appellant and dissemination of public issues is an act of censorship. Faced with this problem and to the effects of taxation to a media published by official government information, it is important to support and demonstrate the existence of conflicts of normative order and propose alternatives to reform the Communications Law for precautionary effectively the right to freedom of communication

• Main Author: Seis Velasco, Aníbal Feliberto (author)
• Format: bachelorThesis
• Language: spa
• Published: 2014
• Subjects: DERECHO
• Online Access: http://dspace.unl.edu.ec/jspui/handle/123456789/16183