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E c u a d o r 1. CONSTITUTIONAL
FRAMEWORK Article 23 of the Constitution of 1998 says: ?Without prejudice
of the rights established in this Constitution and of international
instruments in force, the state recognizes and guarantees to individuals
the following: 8. The right to good name, good reputation and personal and
family privacy. The law will protect the individual?s good name,
image and voice. 9. The right to freedom of opinion and freedom of thought in
all its forms, through any medium of communication, without prejudice
of the responsibilities assumed by the law; The person affected by statements made without proof or that
are inaccurate, or whose honor is offended by non-paid information
or publication by the press or other news media shall have the right
to demand a retraction that shall be free of charge and presented
in the same space or time as the original information or publication
that is being rectified. 10. The right to communication and to launch news media and
to have access, under equitable conditions, to radio and television
frequencies. 13. The inviolability and secrecy of correspondence. Such correspondence
may only be retained, opened and examined in circumstances described
by the law. The reason that leads to the examination of other people?s
business shall be kept secret. The same principle shall apply to
any kind or means of communication. Art. 81. ?The state shall guarantee the right to have access
to sources of information, to seek, receive, become aware of and
circulate information that is objective, truthful, plural, opportune
and without prior censorship about events of general interest that
preserve the values of the community, especially by journalists
and other news communicators. ?Likewise, it shall guarantee the conscience clause and the
right to professional secrecy for journalists and other news communicators
or others who voice formal opinions as contributors to the news
media. ?There shall be no restrictions with respect to information
contained in public archives, except for those documents for which
restrictions are needed for reasons of national defense and other
reasons expressly established by law. ?The news media should participate in activities that are educational,
promote culture and preserve ethical values. The law shall establish
the extent and limits of that participation. ?Forbidden is any publication by any means or mode that promotes
violence, racism, sexism, religious or political intolerance and
anything that offends human dignity. ?Should the lack of attention cause damages, the offended party
may claim compensation. ?The law shall establish a special procedure to access personal
data contained in archives related to national defense. ? It is interesting to note that the 1998 Constitution, in Article
97, refers to the duty of citizens to have respect for honor and
to tell the truth (items 5 and 8 respectively.) Art. 22: ?Without prejudice to other essential rights, the
state shall safeguard the following for the individual?s moral and
material development deriving from his or her nature: 4. The right to personal integrity, good reputation and personal
and family privacy. The law shall protect the individual?s name,
image and authority to speak. 5. The right to freedom of opinion and expression of thought
through all media without prejudice to responsibilities provided
by the law. Every individual
who is affected by, or whose reputation is damaged, through inaccurate
statements in the press or other media, shall have the right to
demand free, immediate and proportionate retraction.? 18. Copyright
of intellectual, artistic, scientific and literary works is also
safeguarded according to time periods and other provisions of the
law;? Art. 30: ?Individuals have the right to access documents, data
banks and reports about themselves or their assets which may be
in the possession of public or private entities, and to be informed
as to their use and purpose. ?Individuals are also entitled to ask a judge or other competent
authority to order that any documents containing inaccurate information
or that unlawfully damage their rights shall be updated, rectified,
or suppressed.? Exception is made of documents classified for reasons of national
security.
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