 |
 |
 |
 |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
 |
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
 |
 |
 |
|
 |
|
||||
|
E c u a d o r 6. MANDATORY LICENSING AND UNIVERSITY
DEGREE REQUIREMENTS In principle, the Law of Professional Practice of Journalism
requires a title to pursue this profession in Ecuador. In fact,
however, both the manner in which the law is written and laxity
in enforcement have allowed journalists to practice without a degree.
Art. 15: ?For the effects of this law, the following posts
are to be filled exclusively by professional journalists: managing
editors, news and city editors and their assistant editors, reporters
and their assistants, senior and assistant proofreaders, photo reporters,
correspondents, page designers and layout strippers; also directors,
producers and reporters of radio, television and film information
programs.? Art. 16: ?The posts of publisher, editor, editorial writer,
regular columnist or any other writer or commentator who expresses
the opinion of a mass communication medium, or writers and columnists
of specialized sections such as science, art, literature, religion,
technology, and in general those who express their own opinion,
shall not be deemed of the exclusive domain of professional journalists.? Art. 18: ?A private employer totally or partially devoted to
journalistic work in any media, or who may be in charge of sections
or departments of journalistic information as part of his activities
shall employ professional journalists for the posts determined by
this law as of the exclusive domain of such journalists.? Art. 20: ?In public agencies or private organizations devoted
to social or public activities, public relations posts shall be
assigned to professional or specialized journalists.? Art. 21: ?Public agencies or private organizations devoted
to social or public activities and private employers are not required
to appoint professional journalists to carry out exclusive functions
if none is available in the workplace.? Art. 22: ?Also not required to hire professional journalists
for exclusive functions are owners or executives of mass communcation
media who meet two of the following prerequisites: Have fixed net
assets of less than one million sucres, or an average press run
for each edition totaling less than one thousand copies; or in the
case of radio and television stations, maximum installed power of
5 kilowatts or 50 watts, respectively, or a labor force of less
than 25 employees in all departments.? Art. 23: ?The National Personnel Office shall not register
an appointment to a post categorized as exclusive if it is not assigned
to a professional journalist.? Art. 24: ?Upon receipt of a written complaint that a private
employer has hired an unqualified person for a post to be performed
exclusively by a professional journalist, the labor inspector concerned
shall penalize the employer with a fine of 3,000 to 5,000 sucres.? Art. 25: ?Persons who do not comply with the provisions of
this law are prohibited from practicing the profession of journalists.? Art. 27: ?In order for professional journalists to enjoy the
benefits of this law, they must belong to a provincial association.? Art. 29: ?Persons or legal entities involved in collective
communication media that transmit scientific, technical, political
or religious information are exempt from the responsibilities provided
by this law, as long as their activities are non-profit.? Art. 30 : ?Regarding their intellectual output, professional
journalists are subject to copyright laws and other relevant legal
provisions.? Art. 37: ?Mass communication media, and in general all organizations
where professional journalists work pursuant to this law, shall
issue them an identification card, to be renewed annually. ?Issuance as well as cancellation of such identification cards
upon termination of the working relationship shall be reported to
the Ministry of Education, the National Public Information Office
and the relevant provincial association.? The Law of Professional Practice of Journalism also took into
account a series of temporary provisions which stated as follows: FIRST: ?The Ministry of Education is hereby authorized to issue
a certificate of professional journalist to individuals who verify
having worked in journalism for at least five uninterrupted years
prior to the date when this law went into effect, and who meet the
prerequisites stipulated in the regulations provided for this purpose
by the aforementioned ministry. The ministry shall report the issuance
and date of each certificate to the National Federation of Journalists. ?The regulations shall determine what verification documents
shall be submitted. ?To issue a certificate as described above, a favorable opinion
is required from the Organizing Committee of the Federation of Journalists
of Ecuador, which among other functions provided in this law, shall
have the power to qualify journalists who request certificates of
professionalism. ?The opinion of the Organizing Committee may be appealed to
the National Federation of Journalists. If the Ministry of Education
is called to intervene, the Minister may find it desirable to issue
an executive order on the subject.? 2. ?While the issuance
of a certificate of professionalism is being processed for a journalist,
such journalist may not be separated from the post he or she has
been occupying.? 4. ?Individuals who have
occupied posts exclusively assigned to professional journalists
for more than two years and less than five on the date when this
law became effective shall continue to discharge them on condition
of obtaining a certificate in accordance with this law within a
period of five years from the date when the law went into effect.? 5. ?As to individuals
who had been occupying posts exclusively assigned to professional
journalists without completing two years of work, and who wish to
continue doing so, they must enroll in courses of communication
sciences at university level. Employers are responsible for granting
students permission to attend such classes upon submission of registered
enrollment and study program. ?Non-compliance with
study requisites or their unjustified interruption shall grant employers
cause to terminate the labor contract, prior relevant approval as
provided in the Labor Code.? 6. ?Journalists who on
the date when this law went into effect were performing functions
listed in Article 16 may obtain a professional certificate with
the sole requisite of verifying the exercise of said functions.?
|
questions
or comments? | |
