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3. BROADCAST LAWS AND THE CONTENT OF INFORMATION

On May 15, 1993, the Single Ordered Text of the Telecommunications Law (Supreme Decree No. 013-93-TCC) was published for the purpose of regulating telecommunications in its various modulated forms. This legal instrument states that the development of telecommunications shall be regulated within the framework of the freedom of competition (Article 2), and that every person has the right to use and render telecommunications services (Article 3).

Television and cable services are considered a part of the ?broadcasting services,? which is understood to mean those telecommunications services where the communication goes in one direction to several points (Article 20). Before rendering these services, it is necessary to obtain authorizations, licenses and permits (Article 22), but it is not necessary to obtain authorization through concession.

Article 10 of the Bylaws of the Telecommunications Law of 1994 establishes the inviolability of the communcation media. The norm dictates that telecommunications inviolability and secrecy are threatened when a person who is not sending the communication or receiving it deliberately removes, intercepts, interferes with, changes or alters its text, diverts its course, publishes it, uses it or attempts to find out on his behalf or of others the existence or the content of any communication.

The person who, due to his functions, has knowledge or access to the contents of a communication sent via the public services is obligated to preserve the inviolability and secrecy of said communication.

The licensees of public communications services are obligated to adopt the most suitable measures to guarantee the inviolability and secrecy of the communications sent through such services.

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