Ecuador

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ECUADOR In the last six months there have been no new laws or regulations which would restrict freedom of expression. But there remain on the books some prior legislation that could be seen as putting press freedom at potential risk, depending on how future governments might interpret it. A right to reply is provided for in clause 19-4 of the Constitution, which says: "All those affected by inaccurate assertions or attacks on their honor in the print or other media have the right to a corresponding correction free of charge." Membership in provincial journalist colegios remains a requirement to be eligible for certain benefits, spelled out in the Law for the Professional Practice of Journalism. This says that only professional journalists can be a managing editor, assistant managing editor, news editor, city editor, reporter, feature writer, headline writer, proofreader, photographer, correspondent or art editor in the print media, or reporter, editor, managing editor or correspondents in broadcast news and newsfilm production. The law has not been strictly enforced, because the media have contested it, citing the law's article 16, which says those responsible for media management, and specialist science, art, literature, religion and technical reporters need not be professional journalists. A regulation stipulating that media owners and certain executives must be Ecuadorean also remains in effect. The Consumer Protection Law contains ambiguous provisions that could be used against the press. It provides for creation of a special committee - not yet set up - to control advertising and which could call for the suspension of any advertisement it deems to be contrary to the law. Disaparging remarks by an alleged arms dealer about a brother of the Ecuadorean president, broadcast in September 1990 by Radio Sucre of Guayaquil but not substantiated, resulted in the station being put off the air by the National Department of Frequencies, acting under terms of the Radio Broadcasting Law and the Law of National Security. On October 9, the Ecuadorean president announced that he had restored four of the station's six frequencies. The station owners continue to demand restoration of the other two.

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