WHEREAS
The government is now promoting a reform of the Basic Law of the Telecommunications Industry which violates constitutional provisions and universally accepted principles of freedom of expression and human rights, such as that expressed in article 13 of the American Convention on Human Rights, which prohibits prior censorship and restriction of free expression by indirect means, such as the abuse of official control of the radio frequency spectrum;
WHEREAS
The rules proposed are totally removed from international standards for telecommunications, by establishing arbitrary sanctions, market quotas not based on reasonable criteria, and a regulatory agency that lacks independence and which enjoys great discretion to adjudicate and revoke licenses, as well as for the imposition of sanctions, thus enabling indirect editorial control;
WHEREAS
Said bill of law contains additional discriminatory provisions against persons who are shareholders in communications media by limiting their corporate participation in companies in other industries;
WHEREAS
Said reforms are being promoted in the midst of serious questioning of independent media houses by government officials who blame them for the high levels of insecurity that the country is experiencing;
WHEREAS
Due to the difficult situation that Honduras is going through, the IAPA has been asked to send an international mission to that country.
WHEREAS
The content of the bill clearly violates principles 1, 2, 5, 7, and 9 of the Declaration of Chapultepec
THE MID-YEAR MEETING OF THE IAPA RESOLVES
To demand that the Legislature, when considering the bill of law, comply without restriction to universally recognized principles of freedom of expression, particularly those contained in the American Convention on Human Rights, and that it base its decision on strictly technical and reasonable criteria, and in accordance with international parameters that govern the regulation of telecommunications services;
To solicit corresponding international spheres of influence so that competent entities may keep watch so that the fundamental principles that the bill violates can be preserved, in particular those tied to freedom of expression and other fundamental guarantees;
To express its concern for the negative consequences that the bill, if approved, will have on freedom of expression, diversity, and the sustainability of the media active in the country, particularly due to a lack of a technical regulating authority that is independent and protected from political or any other type of influence;
To alert the American and world business communities to the corporate restrictions that discriminate against those who hold shares in communications media companies and other provisions that contradict bilateral and multilateral treaties that guarantee investments and free trade;
To demand that the government immediately cease its disqualification of , and stigmatization against, communications media, journalists, and other persons or groups who exercise their right to free expression and dissemination of thought.
To deploy an international IAPA mission to Honduras as a continuation of the Associations visit to Mexico to analyze issues that affect freedom of press in that country.
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