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E c u a d o r 3. BROADCAST LAWS AND THE CONTENT
OF INFORMATION The following is a summarized version of the legislation in
force regarding radio and television. Radio Broadcasting and Television
Law RO 785 dated April 18, 1975 and amended by RO 691 of May 9,
1995 and its General Regulations to Law RO 864, dated January 17,
1996, provide the following: Art. 5: ?Pursuant to this law, the state shall establish public
service radio broadcasting or television stations g) to uphold full respect
for freedoms of information, expression of thought and programming;
also to protect proprietary rights pertaining to production, transmission
and programming referred to in this law.? Art. 41: ?Liabilities for performances, programs or expressions
aired by or through radio broadcasting and/or television stations
that are subject to criminal infractions shall be handled by a criminal
judge in response to prior private charges, subject to Title VI,
Section 2, Paragraph 1, of the Common Code of Criminal Procedure. Neither the concession itself nor the operations of the station
concerned shall be affected by the penalties imposed by judges or
courts on those individuals who are found liable. Other infractions of technical or administrative character
committed by concessionaires or stations shall be judged and penalized
in accordance with this Law and its regulations.? Art. 44 : ?The National Council of Radio Broadcasting and Television
shall regulate and control throughout the nation the artistic, cultural
and moral standards of performances and programs transmitted by
radio and television stations. Resolutions issued on the subject
shall be notified to the relevant concessionaire for appropriate
correction. In the absence of specific regulations on subjects included
in the previous clause, the Council shall apply those contained
in the Codes of Ethics of the Ecuadoran Association of Radio and
Television (AER) and the Association of Television Channels of Ecuador
(ACTVE), membership therein.? Art. 49: ?Programs aired up to 9 p.m. by radio broadcasting
and television stations should be suitable for audiences of all
ages. ?From that hour on, legal guidelines and regulations in force
shall be followed.? Art. 50: ?Each station is entitled to commercial, artistic
or commercial ownership of the performances and programs that it
originates or produces exclusively. Any station wishing to re-transmit
them should secure authorization from originating stations, except
for networks which they may be obliged to form by law.?
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