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M
e x i c o 3. BROADCAST LAWS AND THE CONTENT
OF INFORMATION The Federal Radio and Television Law of 1970 states the following: Article 58: ?The right of information, expression and reception
through radio and television is free and consequently shall not
be subject to any judicial or administrative inquiry, any limitation
whatsoever or prior censorship and shall be exercised under terms
of the constitution and the law.? Article 1: ?The nation has direct control over its territorial
space and consequently of the means by which electro-magnetic waves
are propagated. Said control is inalienable and unalterable.? Article 2: ?The use of space referred to in the previous Article,
through channels for the transmission of news, ideas and images
as vehicles of information and expression shall be done only by
prior concession or permission granted by the Federal Executive
under terms of this law.? Article 4: ?Radio and television is an activity of public interest,
therefore the state must protect and safeguard it so that it carries
out its social function.? Article 5: ?Radio and television has the social function of
contributing to the strengthening of national integration and improvement
of the forms of human coexistence. To this effect, through its broadcasts
it shall: I. Affirm respect for
the principles of social morals, human dignity and family ties; II. Eschew influences
that are harmful or disruptive to the harmonious development of
children and young people; III. Contribute to raising
the cultural level of the people and conserving national characteristics,
the country?s customs and traditions, and the correct use of language
and exalting the values of Mexicans; IV. Strengthen democratic
convictions, national unity and international friendship and cooperation.? Article 8: ?Everything relating to radio and television comes
within federal jurisdiction.? Under Article 10, it is the Department of the Interior?s responsibility
to ensure that radio and television broadcasts remain within the
limits of respect for privacy, personal dignity and morality, do
not assail the rights of others, provoke the commission of any crime
or disrupt public peace and order. Article 16: ?The length of a concession may not exceed 30 years
and may be awarded to the same concession-holder, who shall be given
preference over third parties.? Article 63: ?Prohibited are all broadcasts that cause corruption
of the language and those contrary to good habits, whether through
malicious expressions, indecent words or images, phrases and scenes
with double meaning, advocacy of violence or crime; also prohibited
is anything that is denigrating or offensive to homage to heroes
and to religious beliefs or racially discriminatory; prohibited
furthermore is the employment of resources that are in poor taste
and offensive sounds.? Article 64: ?The following may not be broadcast: I. News, messages or
advertisements of any kind that are contrary to state security or
public order; II. Matters that in
the judgment of the Department of Communication and Transportation
imply competition to the national network, except as agreed between
the concession or permit holder and the said Department.? Article 77: ?Radio and television broadcasts as means of guidance
for the country?s population, shall include in their daily programming
information about political, social, cultural and sporting events
and other national or international matters of general interest.? Article 78: ?The source of information and the name of the
author must be mentioned in broadcast reports, and causing alarm
or panic in the public shall be avoided.? Article 80: ?Those who directly or indirectly produce or transmit
radio and televisions broadcasts shall be responsible for any infractions
committed therein.? Article 101: ?Infractions of this law are: I. Broadcasts contrary
to state security, national integrity, public peace and order. II. Not providing the
services of national interest set out in this law on the part of
concession or permit holders; III. The operation of
a broadcast station with a power other than that assigned to it
without the authorization of the Department of Communications and
Transportation. IV. Substantial alteration
by news readers of the wording of bulletins or news items provided
officially by the government for broadcast; similarly, the unauthorized
broadcast of the text of commercial announcements or advertisements
requiring prior official approval; V. The use of the services
of news readers, reporters or commentators lacking a certificate
of competency. VI. Initiation of broadcasting
without prior inspection of the technical facilities; VII. Failure
to remove disruptions or interferences caused to another broadcast
station within the time frame the Department of Communications and
Transportation stipulates; VIII. Modify the installations without the prior approval of
the Department of Communications and Transportation.? There are other contraventions not worth mentioning because
of their lack of relevance. The Enabling Legislation for the Federal Law on Radio and Television
and the Cinematographic Industry state the following regarding the
content of radio and television broadcasts: Article 4: ?News reporting is a specific activity of radio
and television that tends to orientate the community accurately
and in a timely manner, respecting privacy and morals, without harming
the rights of others or disrupting public order and peace.? Article 5: ?Recreational programs shall provide healthy entertainment
that affirms national values, not be contrary to good habits, avoid
corruption of the language, vulgarity, indecent words and images,
phrases and scenes with double meaning, and have the objective of
ennobling the tastes of the audience.?
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