Global Integrity Report

The Global Integrity Report (report.globalintegrity.org)

Ecuador Home

Facts

Timeline

Notebook

Integrity Scorecard

2007 Assessment

Ecuador: Integrity Indicators Scorecard

Ecuador: Integrity Scorecard Report > Sub-Category: Media
Indicators		Score
5	Are media and free speech protected?	100
6	Are citizens able to form print media entities?	75
7	Are citizens able to form broadcast (radio and TV) media entities?	63
8	Can citizens freely use the Internet?	100
9	Are the media able to report on corruption?	67
10	Are the media credible sources of information?	85
11	Are journalists safe when investigating corruption?	100

Indicator and sub-Indicator Details

Are media and free speech protected?

5a: In law, freedom of the media is guaranteed.

Score:

YES

Comments: Article 81 from the National Constitution guarantees freedom of media. The article establishes the right to distribute truthful information without previous censorship in the events of general interest by journalists.

References: National Constitution, Article 81 Law of Transparency and Access to the Public Information, Article 3 Law of Broadcasting and Television, Article 58 Code of Penal Procedure, Article 386

Peer Review Comments: The president is currently suing a major newspaper for defamation and has repeatedly criticized the media for being owned by "oligarchsts," bankers, and others. It appears likely that the new constitution will restrict media freedoms that exist in the present constitution.

5b: In law, freedom of speech is guaranteed.

Score:

YES

Comments: Article 23 No. 9 of the National Constitution indicates the right to freedom of speech as a civil right.

Freedom of speech is guaranteed in various normative bodies, such the article 19 of the Economic, Social, Cultural, Civil, Politicians Rights of the Civil Register (Pacto Derechos Económicos, Sociales, Culturales, Civiles Políticos), which determines that freedom of speech includes freedom to seek, receive and distribute information and ideas of any kind, without boundaries, whether orally, in writing, printed or artistic form. However, there must be respect to the rights or reputation of others; as well as the protection of the national security, the law and order, and the public moral.

References: National Constitution, Article 23 No. 9 Economic, Social, Cultural, Civil, Politicians Rights of the Civil Register, Article 19 No.101 1969/01/24

Peer Review Comments: The law regarding defamation apparently permits the harassment of persons accused with "frivolous" legal action, even when public figures are involved. After the new constitution is approved, such laws may be further weakened.

Are citizens able to form print media entities?

6a: In practice, the government does not create barriers to form a print media entity.

Score:

100

Comments: It is considered that the Ecuadorian government has created a barrier a print media entity, the legal battle between private and state shareholders of newspaper El Telegrafo.

Carlos Navarette Castillo, the paper's editor since 2002 and a descendant of the founders of the 123-year-old newspaper, complained that the government invalidated capital infusions made in 2002, 2004 and earlier this year in an attempt to strip the private shareholders of their majority ownership position. The official regulatory body, the Office of Superintendent of Corporations, issued an edict reversing the capital increases and restored majority shareholder status to the national Deposits Guarantee Agency (AGD). Through this agency the Ecuadorian government began managing the newspaper a decade ago after freezing the assets of banker Fernando Aspiazu - the largest single shareholder of the newspaper at the time, currently in jail on charges of fraud in connection with the now defunct Banco del Progreso.

Navarrete argues that the increase in capital was made to save the newspaper from bankruptcy and accuses the government of abuse of power and wanting to take control of a news outlet. Inter American Press Association (IAPA) officers, in response to statements by local officials that the government's intention is to end up owning the newspaper, added that the government should call for public bids as dictated by law in order to avoid contradicting international principles that govern freedom of expression and press freedom.

References: Sociedad Interamericana de Prensa [ LINK ] 4 de Junio de 2007)

La SIP observa disputa legal sobre la propiedad del periódico más antiguo del Ecuador, [ LINK ] (11 de Junio de 2007)

Peer Review Comments: The Deposit Safeguard Agency (AGD, Agencia de Garantía de Depósitos), a government organization created after the economic crisis of 1999, obtained control of the Telegraph daily as a result of a process of wealth recovery from a sector of the Ecuadorean banks, which was also related to the 1999 economic crisis. Such processes were initiated against those banks that made unlimited loans to companies connected to the loaning banks. The wealth recovery is a system designed to return the money that the banks withheld from their customers.

Peer Review Comments: The above described newspaper was taken over by the government. Others also may be endangered.

6b: In law, where a print media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments: There is no regulation that requests a license for printed media. However, in the case that a procedure request is denied, citizens can use the Article 28 from the Law of Modernization. This is the right to appeal that guarantees that all reclamation is taken care by the competent public authority.

References: Law of Modernization, Article 28

Peer Review Comments: This may change with the new constitution and legislation.

6c: In practice, where necessary, citizens can obtain a print media license within a reasonable time period.

Score:

100

Comments: A license is not required to create a new newspaper according to the Asociacion Ecuatoriana de Editores de Periodicos. The time spent to constitute a new company, to inscribe the name of the company in the Superintendence of Corporations, takes a long 11 days. But this is affordable having contacts in public sector. A reference could be the average time to begin a business, according to Doing Bussiness 2006, the time estimated was 65 days.

References: Asociación Ecuatoriana de Editores de Periódicos www.aedep.org. Doing bussiness Ecuador 2006. Banco Central del Ecuador, IEM (monthly economy information).

Peer Review Comments: There is no requirement for a print media license. However, there is a rather simple registration process that has to be followed by citizens who want to publish new print media. Media licensing is one of the issues that the upcoming national assembly will probably address. Better information sources would be the National Communications Secretary (Secretaría Nacional de Communicación) and the Ecuadorean Institute of Intellectual Property (IEPI, Instituto Ecuatoriano de Propiedad Intelectual).

Peer Review Comments: Obstacles, such as cumbersome bureaucratic procedures to establish a company or long waiting periods to obtain a license, provide opportunities for corruption.

6d: In practice, where necessary, citizens can obtain a print media license at a reasonable cost.

Score:

100

Comments: A special license is not required to create a new newspaper. The cost of inscribing the name of the company in the Superintendence of Corporations oscillates in a range of $67, 20 dollars at $579.20 dollars. A reference could be average cost to begin a business, according to Doing Bussiness 2006, the cost is 38.1% of the per capita income; the value could be $940,00 dollars.

References: Asociación Ecuatoriana de Editores de Periódicos www.aedep.org, Negocios en el Ecuador (Elementos Costo país) es un documento elaborado por Ministerio de Comercio Exterior, Industrialización, Pesca y Competitividad (MICIP) y Organización de las Naciones Unidas para el Desarrollo Industrial (ONUDI) www.micip.gov.ec . Doing Bussiness, Ecuador 2006 Banco Central del Ecuador, IEM (monthly economy information). www.bce.fin.ec

Peer Review Comments: As explained in question 6c, print media licenses do not exist, but there is a registration process that is reasonably simple. Better information sources would be the National Communications Secretary (Secretaría Nacional de Communicación) and the Ecuadorean Institute of Intellectual Property (IEPI, Instituto Ecuatoriano de Propiedad Intelectual).

Are citizens able to form broadcast (radio and TV) media entities?

7a: In practice, the government does not create barriers to form a broadcast (radio and TV) media entity.

Score:

100

Comments: The government has not created barriers to form a broadcast (radio and TV) media entity. President Rafael Correa has had a bad relationship with the media during his government. The president affirmed that the media entities manipulate the information because they are representing the interests of the economic groups. In Ecuador, there are five TV media entities that belong to the banks owners. Also, he claimed, that the majority of broadcast licenses belong to the same economic groups, in consequence radio and TV media entities are not concentrated in market structure of perfect competition. For this reason, the president wants to reform the law through the Constituent Assembly.

References: Guillermo Navarro Jiménez ¿Quien limita la libertad de expresión? www.ciudadaniainformada.com (4 de Mayo de 2007) escrito por Paúl Mena La libertad de expresión, el Gobierno de Correa y la Asamblea del Ecuador, (11 de Julio de 2007), www.eluniverso.com (8 de Abril de 2007)

Peer Review Comments: It is a well-known fact in Ecuador that the number of television and radio stations exceeds the advertising industry demands, which suggest that there are no barriers to the creation of such entities. A better information source regarding licenses would be the National Council of Radio and Television (CONARTEL, Consejo Nacional de Radiodifusión y Television).

Peer Review Comments: Apparently this will definitely change due to friction between the president and the media.

7b: In law, where a broadcast (radio and TV) media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments: There is no regulation that requests a license for media. However, in the case that a procedure request is denied, citizens can use the Article 28 from the Law of Modernization. This is the right to appeal that guarantees that all reclamation is taken care by the competent public authority.

References: Law of Modernization, Article 28

Peer Review Comments: This is likely to be changed.

7c: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license within a reasonable time period.

Score:

100

Comments: Citizens wanting to obtain a broadcast license, must apply for the broadcast license at the National advice of Broadcast and Television (CORNATEL--Consejo Nacional de Radiofusión y Televisión. The required time is 15 days. But this is affordable having contacts in public sector. A reference could be the average time to begin a business, according to Doing Bussiness 2006, the time estimated was 65 days.

References: www.conartel.gov.ec Artículo 9 de la Ley de Radiofusión y televisión. Doing Bussiness Ecuador 2006

Peer Review Comments: The application process at Conartel may take a little over two months.

7d: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license at a reasonable cost.

Score:

100

Comments: The broadcast licenses are granted by National Advice of Broadcast and Television. The costs vary according to the city and if the frequency are in UHF or VHF etc. The costs for the annual concession oscillate in a range US$50,000 to US$4,000.

For example, the total cost of a frequency in Quito and Guayaquil in VHF and UHF are US$54,800(VHF) and US$20,580(UHF) respectively. It includes taxes. The value of the concession is a single payment every 10 years.

References: www.conartel.gov.ec Resolución No 886 CONARTEL-Tarifas por concesión y utilización de frecuencias, canales y otros servicios de Radiofusión y Televisión.

Can citizens freely use the Internet?

8a: In practice, the government does not prevent citizens from accessing content published online.

Score:

100

Comments: The government does not prevent Internet users from accessing online content. There are some forms of content that may be illegal to download (such as child pornography), but the government does not manipulate networks to prevent access to this information.

This indicator addresses direct government intervention in the transfer of information, not indirect deterrents such as intimidation, and surveillance or technical difficulties in countries with poor infrastructure.

References: Ecuadorian Corporation of Electronic Commerce (Corporación Ecuatoriana de Comercio Electrónico)

8b: In practice, the government does not censor citizens creating content online.

Score:

100

Comments: The government never removes online information or disables servers due to their political content. All political speech is protected with limited exceptions, such as legitimate intellectual property restrictions; direct calls to violence; or pornography.

References: Ecuadorian Corporation of Electronic Commerce (Corporación Ecuatoriana de Comercio Electrónico)

Are the media able to report on corruption?

9a: In law, it is legal to report accurate news even if it damages the reputation of a public figure.

Score:

YES

Comments: Article 81 of the National Constitution prohibits damage to the dignity of the man since it is an elementary right of the human being.

Article 58 of the Law of Broadcasting and Television prohibits the broadcasting of news based on thoughts that could produce damages or social commotions, the violation of this norm would lead responsibilities of penal or administrative character.

The National Constitution and the law guarantees protection of the reputation, the good honor and the family and personal intimacy.

References: National Constitution, Article 81 Law of Broadcasting and Television, Article 58 Universal Deceleration on Human Rights, Article 12 Universal and American Decleration on Human Rights

Peer Review Comments: There are no laws that impede the reporting of accurate news even if the reputation of a public figure is damaged. Public figures are subjects of public scrutiny.

9b: In practice, the government or media owners/distribution groups do not encourage self-censorship of corruption-related stories.

Score:

100

Comments: President Rafael Correa claims that the media does not have self-censorship, because these enterprises believe that have the right to criticize the government and others, but they do not analyze themselves when they make mistakes. He also said that the media transmits untruthful information, because they distort the government's actions. In fact, he called the media wild beasts, liars, corrupts etc.

References: www.eluniverso.com (26 de Mayo de 2007) Correa pide autocrítica a los medios de comunicación

www.elnewherald.com (24 de Julio de 2007) Correa admite problemas con la prensa

www.ciudadaniainformada.com (11 de Julio de 2007) Rafael Correa critica a los medios de comunicación desde España y justifica cierre de RCTV

www.elmercurio.com.ec (4 de Junio de 2007) SIP denuncia estrategia contra la prensa

Peer Review Comments: A number of media outlets in Ecuador are directly related to the private sector. These organizations have lost credibility for not exposing corruption cases specially related to the economic groups who own media outlets. A source of information is Participación Ciudadana.

Peer Review Comments: The president encourages media self-censorship. This likely will worsen.

9c: In practice, there is no prior government restraint (pre-publication censoring) on publishing corruption-related stories.

Score:

100

Comments: In May, the biggest corruption scandal inside Rafael Correa's government occurred. The media broadcasted videos in which the Minister of Economics Ricardo Patiño talked about how to make financial speculations. For this, the National Congress began an investigation. Despite this, tCorrea does not wanted to dismiss him. After that, the president approved Ordinance 468 that prohibits the media transmit recordings or videos, without the consent of involved people, because it is attempting to the hurt the honor of people.

In the case that the media doesn't accept to the executive ordinance, they will put on sanctions on the media. The Ecuadorian Association of Broadcasting (AER) and the Ecuadorian Association of Channels of Television (AECTV) exclaimed that the executive ordinance is an attack on the freedom of speech and that the executive ordinance is against the Ecuadorian Constitution. They also exclaimed that the government is protecting scandals, so that the Ecuadorians cannot be informed on the behavior of the public officials.

References: www.elmercurio.com.ec (17 de Mayo de 2007) Ministro desvirtúa acusaciones (23 de Mayo de 2007) Pati Videos causa polémica (1 de Junio de 2007) Se integró Tribunal Constitucional, www.guapulo.com (28 de Mayo de 2007)

Peer Review Comments: In the past year, no such restraints are known to have taken place. However, the government has restrained the investigation of corruption.

Peer Review Comments: Ordinance 468, as described above, involves prepublication censorship.

Are the media credible sources of information?

10a: In law, print media companies are required to disclose their ownership.

Score:

YES

Comments: The article 94 of the National Constitution guarantees in its article 3 the access to public information.

Article 384 of the Penal Code determines that in case of a judgment the public prosecutor may ask information about the ownership of the print media.

References: National Constitution, Article 94 Law on Transparency and Access to Public Information, Article 3 Penal Code, Article 384

10b: In law, broadcast (radio and TV) media companies are required to disclose their ownership.

Score:

YES

Comments: Article 94 of the National Constitution (habeas data) and Law on Transparency and Access to Public Information guarantees in its article 3 the access to public information.

Article 384 of the Penal Code determines in its final clause that the directors, administrative or owners of radio and television stations are obliged to disclose, when the Public Prosecutor requires, films, videotapes or the recordings of sounds.

References: National Constitution, Article 94 Law on Transparency and Access to Public Information, Article 3 Penal Code, Article 384

10c: In practice, journalists and editors adhere to strict, professional practices in their reporting.

Score:

100

Comments: According to Social Movements that represent a minority in the country, there are Afro-Ecuadorians communities who feel discriminated by the media, the reasons are the way to transmit the news. The Afro-Ecuadorian communities emphasize that the media is not qualified to give the information because they transmit the news without making reports in the place of the facts.

References: Debate de la Función de los Medios en la Sociedad, Programa del canal de televisión Teleamazonas (28 de Julio de 2007)

Peer Review Comments: Ecuador's public opinion often questions the media's conduct, in particular the perceived bias toward its owners. In addition, many question the media's coverage of major scandals.

Peer Review Comments: During the latest elections to select members of the upcoming Constitutional National Assembly, it became known that radio stations were selling favorable interviews to assembly candidates. A possible source of information for this can be found at the news agency Altercom.

10d: In practice, during the most recent election, political parties or independent candidates received fair media coverage.

Score:

100

Comments: During the 2006 presidential elections, candidates had interviews on television. Additionally, the front runners engaged in televised debates. The televised debates were organized by Voz y Voto 2006 and the Camara de Comercio de Quito included the candidates Rafael Correa, Cynthia Viteri, León Roldós, Álvaro Noboa and Fernando Rosero. The debate on ECUAVISA and CNN en Español invited four candidates: Rafael Correa, Cynthia Viteri, León Roldós and Álvaro Noboa. IGilmar Gutiérrez was excluded because the surveys showed he would not receive many votes. But in the presidential elections Gilmar Gutierez obtained the third position displacing the candidates: León Roldós, Cynthia Viteri and Fernando Rosero. For that reason he exclaimed a complaint to the media for not inviting him to the debates, since he thought that he could have obtained a better position.

It is also necessary to emphasize that the candidates that had better financing in their campaigns, had more access to rthe media, for example the campaign of Álvaro Noboa.

References: [ LINK ] (Foro Presidencial Ecuador 2006)

www.hoy.com.ec (23 de Agosto de 2006) Papelón de cinco candidatos en debate

www.elcomercio.com (15 de Octubre de 2006) Gilmar Gutiérrez considera éxito absoluto su posición en comicios

www.elcomercio.com (23 de Octubre de 2006) Lo positivo en la elección

10e: In practice, political parties and candidates have equitable access to state-owned media outlets.

Score:

100

Comments: During Alfredo Palacios presidency, for the first time presidential candidates had access to state financing, to publicize their government plans through the media.The Tribunal Supremo Electoral will give US1.7 million for publicity. This was realized in a modification to the Organic Elections Law. The resources will be distributed equally to the political parties.

The distribution of resources was: 70 percent for television, 20 percent for radio and 10 percent for printed means. The Tribunal Supremo Electoral (TSE) authorized that the advertising will be made between 6 a.m. to 9 a.m., 12 p.m. to 2p.m. and of 6 p.m. to 9 p.m.. In the radio the advertising times were presented from 5 a.m. to 8 a.m., of 11 a.m. to 2 p.m. and 5 p.m. to 8 p.m.

References: www.elmercurio.com.ec (29 de Agosto de 2006) Pueblo financia campaña electoral

www.elcomercio.com (11 de Agosto de 2006) Gasto Electoral: el 70% en televisión.

Peer Review Comments: The government has just taken over one newspaper and initiated its own TV station. It is not clear that equitable access will be forthcoming, and there is no past precedent other than that mentioned above related to financing.

Are journalists safe when investigating corruption?

11a: In practice, in the past year, no journalists investigating corruption have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no journalists imprisoned related to work covering corruption during the study period. A YES score is positive. NO: A NO score is earned if any journalist was jailed because of his/her work covering corruption during the study period. The causal relationship between the official charges and the journalist\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the journalist was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: There are no reported cases.

President Rafael Correa brought charges against Francisco Vivanco of the newspaper La Hora, for an editorial that criticized his administration. The punishment could be a prison sentence from six months to two years. TCorrea affirmed that he will go to Public Ministry and that he will retaliate against journalists who censure the government.

References: [ LINK ] (11 de Mayo de 2007)

Peer Review Comments: This may change soon.

11b: In practice, in the past year, no journalists investigating corruption have been physically harmed.

Score:

YES

Comments: There were not reported cases.

References: [ LINK ] Informe de Ecuador 2007.

Peer Review Comments: More than a year ago, an auditor investigating corruption was killed.

11c: In practice, in the past year, no journalists investigating corruption have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of journalists being killed because of their work covering corruption-related issues during the study period. A YES score is positive. NO: A NO score is earned if there were any documented cases where a journalist was killed in relation to his or her work covering corruption-related issues in the study period. The relationship between a mysterious death and an individual\'s work may not be clear, however the burden of proof here is low. If it is a reasonable guess that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: There are not reported cases. However there was a bomb threat to the ECUAVISA television channel.

References: www.elmercurio.com.ec (1 de Noviembre de 2006)

[ LINK ] Informe de Ecuador 2007

Peer Review Comments: More than a year ago, an auditor investigating corruption was killed.