The appellant alleged that Article 45 of the Broadcasting Law (Ley de .. Por lo que el párrafo primero del Art. 45 de la ley y las normas dictadas en su. , Spanish, Book edition: Radiodifusión: marco regulatorio: Ley nacional de radiodifusión 22,, Decreto reglamentario /81 / [Claudio] Schifer. (Law of , InfoLEG, available at (Gustavo Ybarra, El kirchnerismo logró aprobar en general la nueva ley de medios, DIARIO LA.
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Initially conceived as a form of emergency population warningthese broadcasts are often of a political nature, as most of them are messages by governmental authorities about various topics of general interest.
Regarding issue a it is important to note that given that the funds of the parties whether they have a public or private source are, by constitutional mandate Article 96, paragraph 3 of the National Constitution subject to the principles of publicity and transparency, the number of current accounts, their movement and balance in the commercial banks of the state, private banks or any financial entity are of public interest, and therefore, can be accessed by any person.
This page was last edited on 15 Novemberat From to2285 had an average of cadenas a year. In several Latin American countries, a cadena nacional “national network”, also referred to as a cadena oficial or red voluntaria is a joint broadcast, over various media usually radio and televisiondirected at the general population of a state.
Article 11 of the Convention further recognizes the protection of the right to privacy and dignity, stating that: One type of cadena nacional is obligatory for all television stations according to the electoral law, the franja electoral or simultaneous transmission of campaign material from the major political parties; this is the only time election campaign ads are broadcast on television.
This article specifies that the executive lej of the national government or of provincial governments may, in exceptional circumstances, use all of the broadcast stations in a state. According to the legal framework that governs broadcasting, in order to apply for a legal authorization to provide a broadcasting station with frequency modulation, it is required that the applicant is a physical person or a commercial corporation that is legally constituted, which excludes civil associations, 22285, and mutual and non-profit associations.
As a final thought, it will be clear that not all opinions in the decisions quoted are shared by the Office of the Special Rapporteur for Freedom of Expression, but that the Office agrees with the fundamentals of the decisions.
Depending on the country, the characteristics of cadenas nacionales vary.
They are obligatory for all broadcasters, as is the transmission of state-designed “public good” campaigns. Articles with Spanish-language external links Interlanguage link template link leh Articles containing video clips.
Criminal defamation and public officials. Facts of the case. How to cite this article. The use of enthymemes, which appeal to the belief’s knowledge and the norm’s authority, does not manage to hide the controlling purposes over communications and assures the endurance of this law, still in force after several decades of constitutional governments.
222285 is why lfy limitation imposed by the challenged legal provisions is unjustified and constitutes a clear violation of the right to freedom of association, as it imposes the end for which people will legally associate, without there being a sufficient justification for sustaining an imposition which prevents certain non-profit organizations from conducting an activity which is in essence of a cultural nature.
Democratic criteria for the concession of radio and television broadcast frequencies.
The Board of Directors of the Bank denied Representative Arce Salas access to the requested information, on the grounds that such information was protected by bank secrecy and the right to privacy.
Therefore, if the appeal were admitted and the subsequent exhibitions of the piece which lfy given rise to it prohibited, this Court would incur in a form of prior censorship, which is forbidden to this Court. Massera and Albano Harguindeguy.
Restrictions to the free circulation of ideas and opinions, as well as the arbitrary imposition of information and the imposition of obstacles to the free flow of information violate the right to freedom of expression”. Following these initiatives, the Office of the Special Rapporteur for Freedom of Expression has included in its Annual Report a Chapter describing the jurisprudence of the European system and presenting decisions of local courts from the member States that essentially uphold the standards of freedom of expression.
InPresident Rafael Correa ordered Ecuador’s television stations to broadcast cadenas nacionales over the course of the year, the highest such figure in the region and 92 more than Venezuela in the same year. In this section, the report refers to the States’ domestic jurisprudence, and it includes certain decisions by local tribunals that were handed down during and that reflect the importance of respecting freedom of expression as protected in the American Convention.
The Telecommunications Law of requires stations to transmit cadenaswhich may be called for by the president “in case of war, invasion of territory, rebellion, sedition, catastrophe, epidemic or other calamity, grave disturbances of the public order or messages of national interest”.
Several conclusions can be derived from the opinions and case law mentioned, which the interpreter must keep in mind in order to arrive to a fair solution of the very delicate issue at hand. There is no specific law on cadenas ; the government must buy airtime from the broadcasters, and carriage of such national events is voluntary by law. Declaration of Principles on Freedom of Expression. In its Annual Report, the Inter-American Commission on Human Rights noted that “the Inter-American Court of Human Rights “the Court” has stated that because freedom of expression and thought plays a crucial and central role in public debate, the American Convention places an “extremely high value” on this right and reduces to a minimum any restrictions on it.
The prior law was replaced in Report on the Situation of Human Rights in Mexico. Firstly, that the general but naturally, not absolute principle to be kept in mind is that the right to freedom of expression, given its crucial role in promoting public debate and its relation to democratic societies and institutions, when exercised legitimately, is regarded in the national and international arenas as possessing an “extremely high value” which places it in a higher rank in relation to the other civil rights.
Spanish pdf Article in xml format Article references How to cite this article Automatic translation Send this article by e-mail. All the contents of this journal, except where otherwise noted, is licensed under a Creative Commons Attribution License. Likewise, Honduran media resisted an attempt by the government of Manuel Zelaya to institute cadenas nacionales in that country, noting that “in the past the cadena nacional was constantly used, mainly by de facto governments, without satisfactory results”.
After the dictatorship of Alfredo Stroessner —89the use of cadenas nacionales was banned after the system was abused by the military to transmit propaganda. Notwithstanding the provisions of paragraph 2 above, public entertainments may be subject by law to prior censorship for the sole purpose of regulating access to them for the moral protection of childhood and adolescence.
Stations are also obligated to broadcast messages related to civil defense, national security, and public health, as well as messages related to ships and aircraft in danger. In other words, this section is not a critique of judicial decisions, but rather an attempt to show that in many cases those standards are indeed considered. The right to access public information. The first law permitting cadenas nacionales in Ecuador was passed in during the regime of Gen.
In addition, in these cases, it must be proven that in disseminating the news, the social communicator had the specific intent to inflict harm, was fully aware that false news was disseminated, or acted with gross negligence in efforts to determine the truth or falsity of such news.