Constitution of the Republic of Ecuador

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Title II - Rights

SECTION THREE - Information and communication

Article 16

All persons, individually or collectively, have the right to: 

1. Free, intercultural, inclusive, diverse and participatory communication in all spheres of social interaction, by any means or form, in their own language and with their own symbols.
2. Universal access to information and communication technologies. 
3. The creation of media and access, under equal conditions, to use of radio spectrum frequencies for the management of public, private and community radio and television stations and to free bands for the use of wireless networks.
4. Access and use of all forms of visual, auditory, sensory and other communication that make it possible to include persons with disabilities. 
5. Become part of participation spaces as provided for by the Constitution in the field of communication.

Article 17

The State shall foster plurality and diversity in communication and, for this purpose, shall: 

1. Guarantee the allocation, by means of transparent methods and in equal conditions, of radio spectrum frequencies for the management of public, private and community radio and television stations, as well as the access to free bands for the use of wireless networks and shall make sure that, when they are used, the general welfare of the community prevails.
2. Facilitate the creation and strengthening of public, private and community media, as well as universal access to information and communication technologies, especially for persons and community groups that do not have this access or have only limited access to them.
3. Not permit the oligopolistic or monopolistic ownership, whether direct or indirect, of the media and use of frequencies.

Article 18

All persons, whether individually or collectively, have the right to:

1. Look for, receive, exchange, produce and disseminate information that is truthful, accurate, timely, taken in context, plural, without prior censorship about the facts, events, and processes of general interest, with subsequent responsibility.
2. Gain access freely to information generated in public institutions or in private institutions that handle State funds or perform public duties. There shall be no confidentiality of information except in those cases expressly provided for by the law. In the event of a violation of human rights, no public institution shall refuse to provide the information.

Article 19

The law shall regulate the prevalence of contents for informative, educational and cultural purposes in the programming of the media, and shall foster the creation of spaces for the dissemination of independent national production.

 

TITLE VI - DEVELOPMENT STRUCTURE

SECTION EIGHT - Financial system

Article 312

Financial entities or groups may not possess permanent holdings, whether total or partial, in companies that have nothing to do with financial business.

Financial entities or groups, along with their legal representatives, board members and shareholders are forbidden to have any share in controlling the capital, investment or assets of the media.
Every entity belonging to the national financial system shall have a customer defense attorney, who shall be independent of the institution and appointed pursuant to the law.

 

TITLE VII - THE GOOD WAY OF LIVING SYSTEM

SECTION SEVEN - Media

Article 384

The media system shall ensure the exercise of the rights of communication, information and freedom of expression, and shall strengthen public participation.

The system shall be comprised of public institutions and players, policies and the regulatory framework; and private players, citizens, and communities that voluntarily wish to be part of it. The State shall draft public policy for communication, with unrestricted respect for the freedom of expression and the rights of communication enshrined in the Constitution and international human rights instruments. The law shall define its organization, functioning, and forms of public participation.

 

 

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