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Alarming legislation.

The IAPA expresses concern over a new intelligence law in Ecuador

18 de junio de 2025 - 15:51

Miami (June 18, 2025) - The Inter American Press Association (IAPA) expresses its alarm at a new intelligence law in Ecuador that could become a tool for controlling journalistic activity and freedoms of expression and press in the country.

On June 10th, the National Assembly of Ecuador approved the Organic Law of Intelligence with the purpose of strengthening national security, according to press reports. However, the legislation consisting of 58 articles enacted by President Daniel Noboa has raised concerns among journalists and defenders of press freedom in Ecuador.

The law authorizes, without the need for a judicial order, the interception of communications and obliges telecommunications companies to provide information about their users, according to local press reports. In addition to affecting citizens and critics of political power, the legislation could restrict the work of searching for and accessing public information for journalists and media outlets. The regulations defining how the law will be applied are expected to be ready by December.

Article 51 establishes that "telecommunications service operators will be required to provide (...) the information required for the development of intelligence and counterintelligence activities and operations. This includes historical and real-time information on communications and connections of related telephone subscribers, technical information, computer, digital telecommunications, the location of cells where terminals are located, and any other information that facilitates their identification and location."

The Andean Foundation for Media Observation and Study, known as Fundamedios, rejected the statute because "it jeopardizes privacy, access to information, and press freedom," by allowing the political use of state surveillance without judicial oversight or transparency. The law establishes a National Intelligence System (SNI), integrated among others by members of the Armed Forces and National Police, which will provide direct information to the president.

"The potential impact of this legislation on journalism deeply concerns us," said IAPA President José Roberto Dutriz, CEO and General Director of La Prensa Gráfica of El Salvador. "One of the most troubling aspects is the threat it poses to the privacy of communications and the protection of journalistic sources. The potential use of surveillance and data collection mechanisms could promote self-censorship and intimidate both journalists and media."

Martha Ramos, President of the IAPA's Committee on Freedom of the Press and Information and Editorial Director of the Organización Editorial Mexicana (OEM), warned that "this law could open the door to reprisals against those who criticize the government or specialize in high-impact investigative journalism." She added, "Transparency and accountability are essential pillars of independent journalism. Any attempt to limit these practices weakens democracy and the right of citizens to be informed freely and rigorously."

The IAPA Declaration of Salta II on principles of freedom of expression in the digital age, updated in October 2024 during the General Assembly held in Córdoba, Argentina, reaffirms in its seventh article that, "Authorities should not use digital surveillance to undermine citizens' freedoms and privacy. These mechanisms are only permissible in exceptional cases pursuing a legitimate aim within the framework of due process with a judicial order and following human rights conventions. Under no circumstances is mass surveillance acceptable. People must be guaranteed access to and control over their personal data collected by the State."

President Noboa signed the Chapultepec and Salta (2018) declarations on March 19, 2024, and committed to guaranteeing press and expression freedoms before an IAPA delegation that visited Ecuador in that month.

The IAPA is a non-profit organization dedicated to defending and promoting freedom of the press and expression in the Americas. It comprises more than 1,300 publications from the western hemisphere and is based in Miami, Florida, United States.

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