The facts contained in this book and the opinions expressed therein are not necessarily those of UNESCO and do not commit the Organization. The designations employed and the presentation of material throughout this publication do not imply the expression of any opinion whatsoever on the part of UNESCO concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Published in 2011 by the United Nations Educational, Scientific and Cultural Organization, Quito Office F. Edouard Matoko, Director UNESCO/Quito, and Representative to Bolivia, Colombia, Ecuador and Venezuela Project Manager:a Ros M. Gonzalez, Adviser for Communication and Information in the Andean Countries, UNESCO Editor: Andrea Apolo, Communication and Information Sector, UNESCO, Quito Office Assistant Editors: Lucas Duane and Francisco Hassmann, UNESCO, Quito Office First version of the study: CIESPAL Survey: Market Legal Advice: Gustavo Gómez (Uruguay) and Romel Jurado (Ecuador) Consultative Group: Mónica Almeida, Alfredo Negrete and Diego Cornejo, AEDEP Enrique Arosemena, Marcelo del Pozo and Carla Maldonado, Public Radio and Television Hugo Carrión, IMAGINAR René Espín and Nydia Susana Piedra, Colegio of Journalists of Pichincha José Laso, UASB José Ignacio López Vigil, Radialistas Apasionadas y Apasionados César Ricaurte and Paulina Paredes, Fundamedios Lourdes Perez Villareal, PUCE Isabel Ramos, FLACSO National Secretariat of Communication (SECOM) National Commission of Ecuador for UNESCO Organization and coordination of consultation workshops: Nila Velázquez, Director of El Universo Foundation; Alexandra Ayala, Director of Research Department, CIESPAL International Advice: Gustavo Gómez, Toby Mendel and Andrew Puddephatt English Translator: Sam DuBois English Copy Editor: Eric Lind Design and Printing: V&M GRÁFICAS The full PDF version of this book, in Spanish and English, as well as additional background material on freedom of information can be downloaded at: www.unesco.org.ec CASA UNESCO Veintimilla E9‐53 entre Plaza y Tamayo Tel: (+593‐2) 2528911 / 2520623 Fax: (+593‐2) 2567305 E‐mail: [email protected] Quito, Ecuador ©UNESCO, 2011 2 ACKNOWLEDGEMENTS We would like to thank the International Centre for Higher Studies in Communication for Latin America (CIESPAL) for proposing and conducting the implementation of UNESCO’s Media Development Indicators (MDI) in Ecuador. We thank this institution for the design of the MDI’s implementation methodology and for the first version of this study, as well as for the coordination and organization of the consultation workshop that took place in Quito. We also thank the international experts who collaborated in the revision and enrichment of this study. Our gratitude goes as well to the members of the consultative group who provided valuable comments and contributions throughout the project: Latin American Faculty of Social Sciences (FLACSO), Pontifical Catholic University of Ecuador (PUCE), Andean University Simón Bolívar (UASB), Radialistas Apasionadas y Apasionados, Fundamedios, Ecuadorian Association of Newspaper Publishers (AEDEP), Public Radio and TV, Association of Journalists of Pichincha, IMAGINAR and the National Commission of Ecuador for UNESCO. We would also like to extend particular thanks to El Universo Foundation for their close collaboration particularly during the consultation stages of the project, as well as to our expert Andrew Puddephatt, international consultant to UNESCO on the MDIs, who travelled to Ecuador to present this tool at two public events organized in Quito and Guayaquil. Likewise, we highly appreciate the contributions of the 200 participants who attended the consultation workshops held in the cities aforementioned. Their inputs were extremely helpful to define the appropriate methodology for the application of the MDIs in Ecuador. Finally, we thank all the organizations that have contributed in one way or another to this work; without the support from members of academia, civil society, media, professional associations and unions, and governmental institutions during the consultation and research stages, this study would not have been possible. F. Edouard Matoko Director UNESCO/Quito, and Representative to Bolivia, Colombia, Ecuador and Venezuela 3 TABLE OF CONTENTS Foreword 7 Introduction 9 Definitions 17 Abbreviations and Acronyms 21 Category 1: A regulatory system conducive to freedom of expression, pluralism and diversity of the media Executive Summary 27 A. Legal and policy framework 31 B. Regulatory system for broadcasting 45 C. Defamation laws and other legal restrictions on journalists 54 D. Censorship 65 72 Recommendations Category 2: Plurality and diversity of media, a level economic playing field and transparency of ownership Executive Summary 75 A. Media concentration 79 B. A diverse mix of public, private and community media 86 C. Licensing and spectrum allocation 91 D. Taxation and business regulation 96 E. Advertising 97 101 Recommendations 4 Category 3: Media as a platform for democratic discourse Executive Summary 103 A. Media reflects diversity of society 108 B. Public service broadcasting model 113 C. Media self‐regulation 117 D. Requirements for fairness and impartiality 121 E. Levels of public trust and confidence in the media 124 F. Safety of journalists 130 135 Recommendations Category 4: Professional capacity building and supporting institutions that underpins freedom of expression, pluralism and diversity Executive Summary 137 A. Availability of professional media training 140 B. Availability of academic courses in media practice 149 C. Presence of trade unions and professional organizations 154 D. Presence of civil society organizations 158 161 Recommendations Category 5: Infrastructural capacity is sufficient to support independent and pluralistic media Executive Summary 162 A. Availability and use of technical resources by the media 163 B. Press, broadcasting and ICT penetration 166 169 Recommendations 5 Appendix 170 Guidelines Broadcasting Regulation according to CBA and UNESCO Annex Attached CD‐ROM 1. Media Development Indicators, UNESCO, 2008 2. International Instruments and Standards for the application of Categories 1 & 2 of UNESCO’s Media Development Indicators 3. Matrix of Categories 3, 4 and 5 (indicators,s question and target groups) 4. Question Bank 5. List of informants 6. List of members of Consultative Group 7. List of participants of Quito and Guayaquil workshops (validation of methodology) 8. Model Curricula for Journalism Education 6 FOREWORD The application of the Media Development Indicators (MDIs) in Ecuador has been a challenging and enriching experience. Designed with the support of experts and institutions from all regions of the world, the MDIs were approved by the Inter‐Governmental Council of the International Programme for the Development of Communication (IPDC) of UNESCO in March 2008. This tool, grounded in international standards, provides a set of indicators that can analyze and assess the main aspects of communication within a given national context. Since the approval of the MDIs by IPDC’s Council, they have been applied in several pilot countries worldwide. UNESCO‐Quito had the support of the International Centre for Higher Studies in Communication for Latin America (CIESPAL) and of a national Consultative Group to put this tool into practice in Ecuador, the first country in Latin America to apply this instrument. For UNESCO, it was vital that the applications proces of this international instrument was participative and inclusive of all communication and media sensitivities. Hence our Office’s permanent efforts to involve representatives of all sectors throughout the different phases of implementation of this initiative. After extensive consultations, surveys and research, the present publication provides the country and the international community with an assessment of the status of media development in Ecuador, identifying good practices that are being applied, as well as problems and existing needs that require greater support. We thank the Ecuadorian institutions and experts as well as international advisors who supported this initiative and generously devoted their time to this collective endeavor. UNESCO, pursuant to its Constitution, aims to promote the free flow of ideas by word and image. Essential for any democratic society is the exercise of the right to freedom of expression, along with the corollary rights of press freedom and freedom of information, since they allow citizens to take part in public life and defend their rights as human beings. Moreover, freedom of expression is also fundamental to ensure government transparency and accountability, fight corruption and allow citizens to make informed decisions based on the widest possible choice of information sources. For the full exercise of this right, it is crucial to have a pluralistic, independent environment that encourages the free flow of information. An informed society is not possible otherwise. UNESCO hopes that this report will be useful as a reference for planning projects and public policies to benefit and promote a free, pluralistic, independent media environment, and to achieve sounder, more participatory democracies. At the same time, this framework for evaluation may contribute to improving efforts by international donors and organizations, helping to better identify the media sector’s needs, and facilitating measurement of the impact of interventions