Impact | Positive
Civicus Rating | Obstructed
On December 10, the Assembly unanimously approved a reform to the Organic Law of Communication promoted by the government, which declares that communication in Ecuador is a human right and not a public service.
In the rationale of the law, it is stated that “public services are those of exclusive decision and control of the State and provided by the State, exceptionally delegated to individuals.” Communication, however, “is not limited to the provision of the State, and its delegation, since the exercise of the right to freedom of expression, like all human rights, does not require a State delegation.” The modification made follows a 2018 Constitutional Court ruling that revoked a constitutional amendment referring to communication “as a public service provided through public, private and community media.”
With the sanctioning of the law, public, private and community organizations engaging in mass dissemination of communications content are to be considered media, as will radio and television frequency licensees. The law was sent to the Executive Branch and is pending enactment.