United Nations Educational, Scientific and Cultural Organization Assessment of Media Development in BOLIVIA Based on UNESCO’s Media Development Indicators United Nations Educational, Scientific and Cultural Organization Assessment of Media Development in BOLIVIA Based on UNESCO’s Media Development Indicators Published in 2017 by the United Nations Educational, Scientific and Cultural Organization, 7, place de Fontenoy, 75352 Paris 07 SP, France and UNESCO Quito/ Representation for Bolivia, Colombia, Ecuador and Venezuela. © UNESCO 2017 ISBN 9789231001963 This publication is available in Open Access under the Attribution-ShareAlike 3.0 IGO (CC-BY-SA 3.0 IGO) license (http://creativecommons.org/licenses/by-sa/3.0/igo/). By using the content of this publication, the users accept to be bound by the terms of use of the UNESCO Open Access Repository (http://www.unesco.org/open-access/terms-use-ccbysa-en). Original title: Análisis del Desarrollo Mediático en Bolivia. Basado en los Indicadores de Desarrollo Mediático de la UNESCO Published in 2016 by the United Nations Educational, Scientific and Cultural Organization and UNESCO Quito / Representation for Bolivia, Colombia, Ecuador and Venezuela. 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. The ideas and opinions expressed in this publication are those of the authors; they are not necessarily those of UNESCO and do not commit the Organization. Cover photo: Tony Suárez Graphic design: UNESCO Cover design: UNESCO Illustrations: Tony Suárez Typeset: UNESCO Printed by: Presencia Publishing SRL Printed in La Paz, Bolivia 3 Made for UNESCO by Media’s National Observatory from UNIR Bolivia Foundation Dates of research: June, 2011 – June, 2012 UNESCO Quito and Representative for Bolivia, Colombia, Ecuador and Venezuela: Saadia Sánchez Vegas Authors: Erick R. Torrico Villanueva and Sandra T. Villegas Taborga Research Team: Erick R. Torrico Villanueva, Sandra T. Villegas Taborga, Liliana Fuentes Fernández and Nurit Rubín de Celis Luna Orozco Consultative Committee: José Luis Aguirre, SECRAD-UCB Fidel Álvarez, RED TIC BOLIVIA Carlos Arroyo, ABOIC Ronald Barrancos, COMISIÓN BOLIVIANA DE LA UNESCO Ramiro Echazú, CSTPB José Luis España, PADEM Andrés Gómez, ERBOL Ronald Grebe, ANPB Juan León, ANP Ana Limachi, AMARC-BOLIVIA Mario Maldonado, CNÉP Julvi Molina, ABOCCS Raúl Novillo, ASBORA Augusto Peña, ERBOL Esperanza Pinto, ABOIC Alberto Ponce, RED MINERA DE RADIO Y TV Claudio Rossell, MINISTERIO DE COMUNICACIÓN Ricardo Sánchez, ASBORA Antonio Vargas, APLP Magaly Vega, APLP Julia Velasco, Agencia ANNI María Eugenia Verástegui, TNÉP The complete versión of this research in PDF can be download from UNESCO’s web: www.unesco.org 4 CONTENTS Foreword...................................................................................................................................................................................................................................................................................... 7 Acronyms..................................................................................................................................................................................................................................................................................... 9 Executive Summary ........................................................................................................................................................................................................................................................ 11 Introduction ......................................................................................................................................................................................................................................................................... 15 Category 1: A system of regulation conducive to freedom of expression, pluralism and diversity of the media ........................ 19 Dimension A: Legal and Policy Framework ............................................................................................................................................................................................................................................ 21 Dimension B: Regulatory system for broadcasting ........................................................................................................................................................................................................................ 27 Dimension C: Defamation laws and other legal restrictions on journalists .......................................................................................................................................................... 29 Dimension D: Censorship .......................................................................................................................................................................................................................................................................................... 32 Recommendations .......................................................................................................................................................................................................................................................................................................... 35 Category 2: Plurality and diversity of media, equal economic conditions and transparency of ownership .....................................37 Dimension A: Media concentration ................................................................................................................................................................................................................................................................ 39 Dimension B: Diverse mix of public, private and community media ........................................................................................................................................................................... 42 Dimension C: Licensing and spectrum allocation ............................................................................................................................................................................................................................ 45 Dimension D: Taxation and business regulation ............................................................................................................................................................................................................................... 48 Dimension E: Advertising.......................................................................................................................................................................................................................................................................................... 48 Recommendations............................................................................................................................................................................................................................................................................................................ 50 Category 3: The media as a platform for democratic discourse ................................................................................................................................................53 Dimension A: Media reflects diversity of society .............................................................................................................................................................................................................................. 55 Dimension B: Public service broadcasting model............................................................................................................................................................................................................................. 58 Dimension C: Media self-regulation............................................................................................................................................................................................................................................................... 61 Dimension D: Requirements for justice and impartiality ......................................................................................................................................................................................................... 63 Dimension E: Levels of public trust and confidence in the media ................................................................................................................................................................................... 66 Dimension F: Safety of journalists.................................................................................................................................................................................................................................................................... 68 Recommendations............................................................................................................................................................................................................................................................................................................ 70 Category 4: Professional capacity building and supporting institutions that underpin freedom of expression, pluralism and diversity ...............................................................................................................................................................................................................................................43 Dimension A: Availability of professional media training........................................................................................................................................................................................................ 75 Dimension B: Availability of academic courses in media practice................................................................................................................................................................................... 81 Dimension C: Presence of trade unions and professional organizations.................................................................................................................................................................. 83 Dimension D: Presence of civil society organizations.................................................................................................................................................................................................................... 85 Recommendations ......................................................................................................................................................................................................................................................................................................... 88 Category 5 : Infrastructural capacity is sufficient to support independent and pluralistic media ............................................................89 Dimension A: Availability and use of technical resources by the media.................................................................................................................................................................... 91 Dimension B: Press, broadcast and ICT penetration...................................................................................................................................................................................................................... 93 5 Recommendations............................................................................................................................................................................................................................................................................................................ 95 Bibliographic and documentary resources............................................................................................................................................................................................................................................. 96 Appendix................................................................................................................................................................................................................................................................................................................................ 101 6 FOREWORD UNESCO is the United Nations agency specialized in freedom of expression, pursuant to the Universal Declaration of Human Rights, Article 19, which states: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”. Pursuant to its mandate, UNESCO has mobilized and consolidated initiatives among its Member States oriented toward generating and disseminating frames of reference as conceptual and practical support to implement guidelines and actions for developing sustainable conditions in which to exercise freedom of opinion, expression and the press in a democratic context. These initiatives include the International Program for the Development of Communication (IPDC). The International Program for the Development of Communication (IPDC) is the United Nations’ only multilateral forum mobilizing the international community to debate and construct common initiatives oriented toward media development, and promote consolidation of pluralist, independent media in developing countries, with special attention for generating a climate of consensus and a safe environment to strengthen journalism practice with broad participation and diverse reporting perspectives. In this context, the UNESCO Office in Quito – Cluster Office to Bolivia, Colombia, Ecuador and Venezuela – is pleased to present this publication: “Evaluation of media development in Bolivia. Based on UNESCO’s Media Development Indicators”, under the responsibility of Erick Torrico-Villanueva and Sandra Villegas-Taborga of the National Media Observatory (ONADEM) of the UNIR Bolivia Foundation, conducted under the IPDC. This research applied the Media Development Indicators (MDIs) in Bolivia. The MDIs have been prepared under IPDC for the purpose of offering a comprehensive methodology to assess a country’s media environment’s specific circumstances under which to practice freedom of the press with guarantees of plurality and non-intervention, to orient public policy-making and direct the efforts of public and private stakeholders coexisting in this media environment. These findings portray a complete panorama of the information and journalism media in Bolivia, by comparing against international freedom of expression standards, and add value to research, by updating and enhancing knowledge about the antecedents, progress and current status of the MDIs in Bolivia, and by providing conclusions in the five categories touching on fundamental aspects of the media environment to exercise the right to freedom of opinion and expression: 1.- A system of regulation conducive to freedom of expression, pluralism and diversity of the media; 2.- Plurality and diversity of media, a level economic playing field and transparency of ownership; 3.- The media as a platform for democratic discourse; 4.- Professional capacity building and supporting institutions that underpin freedom of expression, pluralism and diversity 5.- Infrastructure capacity to support independent, pluralistic media. 7 Finally, it is essential to highlight the way this research tracks the consultations with interested parties in media management, content creation and access generation, editorial control and censorship, among other fundamental issues, fostering plurality from various perspectives to prepare recommendations based on empirical data, geared toward reducing the gaps detected in media development and promote the existence of free, independent media. Saadia Sánchez-Vegas, Ph.D. Director of the UNESCO Office in Quito and Representative to Bolivia, Colombia, Ecuador and Venezuela 8 ACRONYMS ABI Bolivian Information Agency ABOCCS Bolivian Association of Social Communication Careers ACLO Loyola Cultural Action ADSIB Agency for the Development of Information Society in Bolivia AEMP Authority of Audit and Social Control of Enterprises ALER Latin American Association of Broadcast Education AMARC World Association of Communitary Broadcast ANNI Bolivia National News Agency for Children ANP National Press Association ANPB National Association of Bolivian Journalists APCOB Support for the West Indigenous People in Bolivia APLP La Paz Journalists Association APSC Santa Cruz Journalists Association ASBORA Bolivian Association of Broadcasts ATT Authority for Telecommunications and Transport Regulation and Audit CAATEL Andean Comittee of Telecommunications Authorities CADH American Human Rights Convention CAIB Indigenous People Audiovisual Coordination in Bolivia CAPEP La Paz Advertising Enterprises Chamber CDIMA Integral Development Center for Aimara Women CDD Catholic for the Right to Decide CEADESC Center of Aplied Studies for Economic, Social and Cultural Rights CECOPI Center for Education and Communication for Communities and Indigenous People CEDIB Center of Documentation and Information in Bolivia CEFREC Center for Training and Cinema Filming CIDOB Confederacy of Indigenous People Bolivian CIPCA Center for Research and Farmers Promotion CMP Women Journalists’ Chamber CNÉP National Committe for Journalists’ Ethics CNMCIOB “BS” “Bartolina Sisa” National Trade Union of Women Indigenous Farmers in Bolivia COINCABOL Coordination of Indigenous, Farmers and Intercultural Communities in Bolivia COMTECO Cooperative of Telecommunication Cochabamba CONAMAQ National Committee of Ayllus and Markas from Qullasuyu COTAS Cooperative of Telecommunications Santa Cruz COTEL Cooperative of Telephones La Paz CPE Political Constitution of State 9 10 CSCIB Trade Union of Intercultural Communities in Bolivia CSTPB Trade Union of Press Workers in Bolivia CSUTCB Trade Unions of Farmers Workers in Bolivia DGME State Media General Mangement DINACOM National Management of Social Communication DS Supreme Decree ECO JÓVENES Young people Education and Communication in Bolivia ERBOL Broadcast Education in Bolivia FECOTEL Trade Union of Telephone Cooperatives in Bolivia FTPLP La Paz Press Workers Federation GLBT Gays, Lesbians, Bisexual and Transgender Association LSB Bolivian Sign Language MC Communication Ministry MCA Anti Corruption Citizen Movement ME State Media MOF Functions and Organization Manual (Authority for Telecommunications and Transport Regulation and Fiscalization) MOPSV Housing, Services and Public Affairs Ministry OEA Organization of American States OEP Plurinational Electoral Organism ONADEM Media’s National Observatory OSC Civil Society Organization PADEM Support Programme for Municipality Democracy PNF Broadcast Frequency National Plan PROACTIBOL Communication Net of Alternative Provincial government PRONTIS National Programme for Telecommunications and Social Inclusion RED-ADA National Net of Information and Communication Workers RPOs Indigenous People Broadcast System RUBI Information Net of Bolivian Public Universities SAFCO Law (Nº 1178) System of Administrative, Audit and Government Supervision SECRAD Training Service for Broadcast and Television for Development SENAPI National Service of Intelectual Property TAE Court of Journalism Ethics and Self Regulation (TAE-National Press Association - ANP) TICs Information and Communication Technologies TNÉP National Court of Journalism Ethics TSE Supreme Electoral Court UNESCO United Nations Educational, Scientific and Cultural Organization WACC World Association for Christian Communication Wi-Fi Wireless Fidelity Executive Summary The UNESCO’s Media Development Indicators study (MDI) in Bolivia made a comprehensive media diagnosis as a democratic discourse platform, current laws related to Communication and Journalism, and the Constitutional warranties to freedom of expression for citizen and journalists. However, private mass media’s associations said that during the research period of study, there was a permanent indictment from government against private media and consider them as a part of the political oposition. The research made the analysis of national laws and international treaties about Communication and Journalism; the pluralism and media ownership; advertising; media as democratic discourse platform; journalists’ self-regulation; public service media; media levels of credibility; education and the journalists` needs of training; and finally, media`s infrastructure and technological resources. Aditionally, the study verified that journalists deal frequently with verbal aggressions, threats and physical violence when they are working; besides, they are pushed by publicity and propaganda advertisers. All of these conditions have a negative influence in the journalists`self censorship because of fear they have to be attacked or to lose their job. Finally, the investigation found that there are few spaces in mass media to reflect the Bolivians’ linguistic diversity; it is rare to hear the voice of the most vulnerable such as: women, children, young people, people with disabilities, elderly or sexual diversity groups. The main conclusions are: Category 1: • The citizen and journalists’ freedom of expression is protected by the Bolivia’s Plurinational State Constitution, the Penal Code, as well as other laws and decrees. • In the practice, there is a controversy about the constitutional and legislative warranties for the freedom of expression in Bolivia because some of the articles, in the laws promulgated in the last two years, violate the Information and Communication Right (Article 106 of Bolivia’s Plurinational State Constitution). • Bolivia does not have national laws related to Public Information Access but some regulations like de Supreme Decree Nº 28168 and 0214. • Private Media Associations said that there is not direct influence from government or public entities on the editorial contents of mass media but there is a permanent indictment from Executive Power against some media considered as opposition. • The Bolivia’s Plurinational State Constitution says that organized civil society can participate in the design of public policies and order the government entities to open participation and social control spaces for society (Articles 241 and 242). 11 • There are no difficulties to give journalists’ accreditations to work in the journalistic coverage at official offices; however, some journalists interviewed said that they do not always receive all the information they ask for. • The regulation of the Law against Discrimination determines a media’s default to give the authorization to spread and print racist and discrimination ideas. • The Bolivia’s Plurinational State Constitution, the Print Law and the Supreme Decree for the trade union column forbid the previous censorship; but, the Special Regime of Propaganda for Justice Authorities Elections (Articles 80 to 84 from Elections Law) applies a previous censorship when it asks citizen, media or postulants to do not make any statement before neither during the elections. • The not accurate writing of the Article 16 in the Law against Discrimination also limits media contents and causes journalists’ self-censorship in many mass media. Category 2 • The Bolivia’s Plurinational State Constitution has antitrust rules and establishes the prohibition of private monopolies, oligopolies or any other people association of Bolivians or foreigners, who may have the intention to control and have the exclusiveness in the production and commercialization of goods and services (Articles 107 and 314). • The current laws about telecommunications and Information and Communication Technologies (ICTs) establishes antitrust and forbid the allocation of radio or Tv licenses. • The Bolivia’s Plurinational State Constitution determines the same conditions and oportunities for communitarian media. Besides, the Telecommunications Law says that the total distribution of modulated radio channels and analogic television frequency bands can be used by public media, comercial media, socio-communitarian media, but also, indigenous, intercultural communities and Afro-Bolivian people. • Telecommunications Law states that the National Frequencies Plan will rule the equitative and efficient use of the radioelectric spectrum at national level, taking into account the economic, educational, scientific, security, technical and public profits according the Bolivian State and international signed agreements (Article 8). • The Plurinational Electoral Office is the only institution which has an advertising regulation in Bolivia. • The governmnet’s advertising is assigned to the most important private media (with more audience) rather than other media. • The country does no have an explicit advertising regulation. There is any regulation law for the defense of consumers. Category 3 12 • The national TV nets do not reflect the linguistic diversity of Bolivia, neither use forms of expression from vulnerable groups. Broadcasts have more spaces in native languages but in general, journalism in native languages (quecha and aimara) has a marginal place in the most of media: a minimun place in press and specific and not popular schedule in broadcasts and TV. • There are few media contents designed from and for vulnerable groups like women, children, young people, people with disabilities, elderly or sexual diversity groups. • Women who are journalists do not have a fair representation in the media, just few women are in charge of a media. The most of the times, the media enterprises and trade unions are managed by men. • The Public Media do not have clear and accurate objectives in Bolivia’s Legislation, just Bolicia TV has a clear objetive in the Supreme Decree of its creation. The Public Media have a net with Patria Nueva Broadcast, Cambio newspaper, Bolivian Information Agency (ABI) and Bolivia TV. • Communication Ministry is the executive and administrative instance for Public Media; but this ministry does not have legal autonomy because it receives a economic support from the National Treasure Budget and depends on the Communication Ministry who is named by the President. • Journalists’ associations and trade unions have Ethic Codes. • The Journalism Ethics National Court, dependent of the main journalism organizations in the country, has socialized the self regulation mechanisms with journalists and citizen. However, there is a lot to do until citizen and media apply ethical rules and to have efficient self regulation. • There are policies to rule the requirement of public, private and communitarian media. • After 85 years of the Print Law, there was just one case with judgement in January 20, 2004. In other cases, this law could not be used becuase of the absence of the “print jury”. • The most of the media do not execute any audience study but some of TV channels ask private enterprise for specialized rating researches every two or three months. • Bolivia’s journalists are victims of phsysical and oral violence, some anonymous attacks or threats, the most of them stay unpunished. The journalistic coverage of political and conflict situations are the most dangerous and complex. • There are no current cases of the closing of media, the Discrimination Law (Article 16) and its regulation (Article 17) establishes the suspension of media activities for 360 days during which time the sanctioned media would have to pay salaries to its employers. In the practice, if that rule is applied the media can be closed. • As it was said before, in some circunstances journalists apply the self censorship because of fear of losing his/her job or external threats related to some news published. • Even though the “press secret” is warranty in Article 8 of Press Law, there are some cases in which journalists were asked by Justice to be witness of some situations and it has been demanded to reveal their information sources. However, up to now all of those journalists have exercised their information source confidenciality right. 13 Category 4 • In Bolivia, the most of journalists have Communication studies at universities but this education is not specialized in Journalism and with professors who have a lot of experience but have not studied a career. • The specialized training for media managers do not exist; the academic education is focused in journalism. • The formal education and academic courses are accesible at 44 Communication careers all over the country; but the accesibility is limited to journalists who work and live far away the big cities. There are some distance courses in rural communities for students and social leaders. • There are some institutions and universities which are training journalists in democratic values. • The right to membership of every worker is a defense established in the Constitution (Article 51). Futhermore, the Bolivian legislation says that the media employees have the right to have a trade union in the Supreme Decree Nº 20225, the Journalists Organic Statute (Articles 34 and 35, 1984). • There are some civil society organizations which promote the freedom of expression and the information right through activities like forums and Communication law proposals. • There are many private institutions and social organizations which participate in the training and strengthening of journalits and communicator’s capacities. Category 5 • Journalists have a relative access to ICTs in small cities rather than the populated ones (La Paz, Cochabamba and Santa Cruz); there are smaller possibilities to have digital connections in other cities. There are few opportunities for journalists to receive specific ICTs trainings besides some positive experiences. • The communitarian media do not have enough infrastructure or technical facilities, the most of the time they work in poor conditions. • There are no public policies to ensure the geographical scope of all mass media in the country. • There are some public policies related to the access and use of ICTs in education and public administration. However, the prices are still expensive and limited. 14 Introduction Bolivia was the second Latin American country in which the Media Development Indicators (MDI) were applied, as designed by the United Nations Education, Science and Culture Organization (UNESCO). For a year, the study sought to establish the characteristics of the main framework of media and journalists in the Bolivia, making comparisons with international standards for freedom of expression and the right to information. The final report is a snapshot of the current situation and a balanced report drawn from many technical, documentary and institutional sources. The information, criteria and recommendations in this document – as a summary – apply the MDI meticulously as a testimony and a tool for media, society, political and academic stakeholders to evaluate facts and processes to design future public policy. Rosa M. González, the Counselor of UNESCO’s Communication and Information Office for the Andean Countries in Quito, asked the Media National Observatory (ONADEM) of the UNIR Bolivia Foundation1 to conduct this study of UNESCO’s Media Development Indicators, from June 15, 2011 to June 15, 2012. For that purpose, the methodological proposal, accepted in 2008 by the Inter-Governmental Council of UNESCO’s International Program for Communication Development (IPCD), covers the following five categories: 1. A regulatory system conducive to freedom of expression, pluralism and media diversity. 2. Media plurality and diversity, a level economic playing field and transparency of ownership. 3. Media as a platform for democratic discourse. 4. Professional capacity-building and supporting institutions that underpin freedom of expression, pluralism and diversity. 5. Infrastructural capacity is sufficient to support independent, pluralistic media. Each category has dimensions, indicators and sub indicators. Nevertheless, in certain situations, some terminology related to sub indicators was adapted to Bolivia’s local context, taking into account recommendations by the Communication and Information Counselor for the Andean Countries, at UNESCO Quito, and following the model of Ecuador, as the first country that applied UNESCO’s MDIs. For example, the category of “public media” was changed to “State media”. 1 The UNIR Bolivia Foundation is a private, non-profit organization, constituted in 2005. See www.unirbolivia.org 15 Accordingly, the report includes a chapter for each of these five categories, each with its recommendations section. The process As a part of the study process, representatives of 22 institutions2 (civil society, academics and government) were invited to be part of the Consulting Group to make suggestions regarding the methodological design, especially to identify information sources and to contribute data and opinions about the Media Development Indicators (MDIs). That Consulting Group met twice to exchange ideas, evaluate the study process and make comments and proposals on the study drafts.3 The research reviewed international and national laws at different levels (from articles of the Constitution to municipal resolutions) and journalism codes of ethics, which CONADEM had on hand, complemented and updated by documents, literature, periodicals and webography, for 8 months. The research team interviewed 80 information sources from different parts of Bolivia. As a part of this work, UNIR Bolivia Foundation sponsored a Bolivian Press Workers Trade Union meeting (8 December 2011) in Cochabamba. Many of ONADEM’s media monitoring studies from 2007 to 2010 yielded information from citizen surveys about journalism, journalists’ working conditions and media behavior as well as the perception of social leaders from Bolivia’s 10 main cities. Two progress reports were made (5 October 2011 and 15 February 2012) and the final report was submitted on 15 June 2012. Background UNESCO’s MDIs were applied in Bolivia within a controversial context because of the tense relationship among the Government, private media and journalism trade unions. This dispute originated in January 2006, when President Evo Morales took office for his first term. He began to question the role of the main private media and their journalists in reporting about Morales’ political and coca-union background, personal image and his beginning governmental administration. Difficulties increased, for three main types of reasons: i) several laws were enacted that many journalists saw as jeopardizing freedom of expression; ii) prolonged political and regional conflicts (especially during 2006-2009) where media took polarized positions and societal groups favoring the Government and the opposition both were aggressive against journalists and media; and iii) repeatedly critical speeches by President Morales against journalists, some well-founded and others not so well. Regarding laws, there were at least four periods of conflict: inclusion of the media’s duty (in Article 107 of the Bolivian Constitution of “veracity and accountability” (February 2009); the prohibition for the media to issue their own information about the election of judicial authorities (Articles 82 to 84 of the Elections Regime Law, July 2010); Articles 16 and 23 of Law Nº 45 Against Racism and Any Form of Discrimination would make it possible to close media and punish journalists more harshly than others for such actions (September 2010); and broadcasters’ obligations to retransmit Most suggestions were by: Bolivian Association of Communication Careers (ABOCS for its abbreviation), Bolivian National Association of Journalists, Bolivian Association of Radio Broadcasters, National Press Association, Bolivian Association of Communication Researchers, Mining Radio and Television Network, Communication Ministry, Information and Communication Technologies Network (TIC Bolivia), Bolivian Press Workers Trade Union and the National Council of Journalism Ethics. 3 La Paz, August 15, 2011 and May 25, 2012. 2 16 all presidential messages, under the Telecommunications, Information and Communications Technologies and Postal Service Law stablished, which was ultimately removed from the law’s final version as enacted (August 2011). All these confrontations estranged government authorities from journalists’ trade unions and academic institutions, especially against the two above articles from Law Nº 45 Against Racism and All Forms of Discrimination. Journalists staged hunger strikes, street protests and a national campaign to collect signatures as a citizen initiative demanding the elimination of those articles, which the Government ignored. ONADEM’s monitoring of violence against journalists identified an average of 10 aggressions monthly between October 2007 and September 2011. This intensified the climate of sensitivity and distrust during this study. This context was deepened and became more complicated when President Morales said that the media were his “adversaries” and that “only 10% of journalists are worthy”. In January 2010, Morales suggested a new law to replace the 1925 Press Law, so the media would “stop lying” and included it in his Movement to Socialism (MAS) Party’s proposed platform for the December 2009 presidential elections. Since then, uncertainty about whether that law would be enacted has persisted, due to contradictory statements by different official sources (the President himself, Vice-President Álvaro García, a number of ministers and Assembly members). Further, the Communication and Cultural Revolution group suggested an Audiovisual Law during the First Plurinational Conference to Deepen the Change (Cochabamba, December 2011). Likewise, Communication Minister Amanda Dávila said, when she took office on 23 January 2012, that the Government would write a Media Law pursuant to the national Constitution. Then, President Morales met with the National Press Association, Bolivian Broadcasters Association, National Journalists Association and La Paz Journalists Association and stated (on February 14) and assured them that he would not pursue any law to change current communication and journalism legislation. It is germane that the right to communication and information is included in Article 106 of the Plurinational Bolivian National Constitution, but is defined mostly in terms of journalism media, so journalist unions assert that emphasizes “information” rights over “communication” rights. The dilemma of journalists’ self-regulation versus regulation was also addressed during this period. Journalists’ unions have worked since 2010 to implement their National Journalism Ethics Tribunal (CNEP) and the Ethics Tribunal of the National Press Association (ANP) to monitor responsible media behavior, news contents and citizen rights, but also reflect disagreements between these unions, which have weakened their capacity to negotiate with the Government and Society. Another component of this background for the IDM study was reinforcement of the State-owned media system, especially with creation of the “Patria Nueva Radio Network” and the new official newspaper, “Cambio” (Change), the first one of this genre during the 21st century in Bolivia. Bolivia’s Media world Bolivia had a population of approximately 10,800,000 in 2012, and unofficially nearly 60 newspapers, almost 2000 radio stations and 500 television stations. Only 12 newspapers, 7 TV channels (one State-owned) and 4 radio stations (one State-owned) could be considered “large media”. These major media mostly operate in La Paz, Cochabamba and Santa Cruz (Bolivia’s three main cities) although radio and TV networks do reach other regions of the country, especially in urban areas. 17 Media are mainly financed by commercial and government advertising, which mostly goes to the television networks, followed by the largest newspapers and radio networks. It is estimated that over 80% of all media are privately owned and 20% are community, church and State media. This will undergo changes when the new radio spectrum distribution, pursuant to the General Telecommunications, Information, Communications and Postal Service Law goes into effect in 2017, calling for 33% for private media, 33% for State-owned media, 17% for social and community media and 17% for indigenous media. This rearrangement may give rise to future conflicts. 12% of the Bolivian population are Internet users, four times that figure (3%) from ten years ago. In closing With the above background, the UNIR Bolivia Foundation, represented by Executive Director Antonio Aramayo, hereby submits this summary report to readers on the Media Development Indicators in Bolivia. We hope it will be useful to public policy-makers, media sector organizations, scholars working in this crucial field and the citizenry at large, so all can work together to strengthen the country’s media system and expand democracy, fully exercising the right to information and communication, and grounded in well-informed inter-cultural citizenship, which are all goals yet to be fully attained. 18 Category 1 A regulatory system conducive to freedom of expression, pluralism and media diversity DIMENSION A: LEGAL AND POLICY FRAMEWORK 1.1 FREEDOM OF EXPRESSION IS GUARANTEED IN LAW AND RESPECTED IN PRACTICE 1.1.1 National law or constitutional guarantee of the freedom of expression The Plurinational Constitution of the State of Bolivia (CPE), enacted in February 2009, guarantees the civil rights of Bolivian citizens, in Article 21, subsection 54. Further, Chapter VII on Social Communication guarantees freedom of expression (Article 106, paragraph II) and provides for the State to guarantees Bolivian citizens the right to freedom of expression, opinion and information, to rectification and appeal, and the right to freely broadcast ideas by any medium, without prior censorship. The Press Law, in effect since January 1925, is grounded mainly in freedom of expression, both for journalists and readers. This norm is so old that it considered only readers, since there were no audiovisual media at that time. This law states, in its Article 1, that all men have the right to publish their thoughts in the press, without prior censorship, except for restrictions established by the present Law. 1.1.2 The country has signed and ratified relevant treaty obligations with no significant exemptions The CPE, in its General Provisions Chapter, Article 14, paragraph III, establishes that the State guarantees that the entire population can exercise the rights established in the Constitution, laws and international treaties. Bolivia has ratified the Universal Declaration of Human Rights, approved and proclaimed by the United Nations General Assembly on 10 December 1948. Freedom of expression is also guaranteed in the following international instruments: the American Convention on Human Rights (ACHR), also known as the “Pact of San José” of November 1969, ratified by DS Nº 16575 on 13 June 1979 and raised to the rank of a law by Law Nº 1430 on 11 February 1993. Bolivia also ratified the International Covenant on Civil and Political Rights, ratified on 17 May, 1982; the International Convention on Elimination of All Forms of Racial Discrimination, on 13 August 1970; the Convention on Rights of 4 It states that all citizens can “freely express and disseminate thoughts or opinions by any communications medium, orally, in writing or visually, individually or collectively”. 21 Category 1 A regulatory system conducive to freedom of expression, pluralism and media diversity Children, of 14 May 1990; the Inter-American Declaration on the Rights and Duties of Man, on 2 June 1998; and the United Nations Declaration on the Rights of Indigenous Peoples, on 13 September 2007. 1.1.3 The public is aware of and exercises its right to free expression, and there are tools and bodies which guarantee the concrete application of this right Three studies5 conducted by the National Media Observatory (ONADEM) of the UNIR Bolivia Foundation, have found that, in general, freedom of expression is not assumed as a citizen right but as a right exclusively for journalists and journalism. The public has not yet fully grasped their freedom of expression, because they usually think that they have only two formal mechanisms to make their opinions visible: party politics and voting as a democratic right. Anyway, people practice their freedom of expression on a daily basis through social organizations, non-government organizations, trade unions or other civil activities such as a democratic participation, without being fully aware that they are exercising this right. According to the results of those studies, some journalists say that freedom of expression in Bolivia is at a very difficult stage since the public must “self-censor” because they cannot freely express what is actually going on in the country. Another group claims that the public is relatively aware that they can express themselves, and people are losing their fear of doing so. However, they add that there remain constraints due to unawareness of this right and probably because of some fear of the consequences that might affect their private or public interests. Finally, there are those who deny that the public is fully aware of their right to express themselves freely and that more work is required to publicize this right, clarifying that it is not an exclusive entitlement of the press but of the citizenry at large6. Ramiro Orías, Director of the CONSTRUIR Foundation7, feels that the right to freedom of expression may be one of the rights most recognized by civil society in Bolivia; manifested in various ways, from community affairs up to social protest demonstrations. He also said that, although there are constitutional guarantees for freedom of expression in Bolivia, victims who are denied their rights generally appeal to such institutions as the Ombudsman and to federations of press workers or even to the media, which shows that the national guarantors of this right are hardly used by the people. 1.2 THE RIGHT TO INFORMATION IS GUARANTEED IN LAW AND RESPECTED IN PRACTICE. 1.2.1 National law or constitutional guarantee for the right to information The Constitution (CPE), in Chapter seven on Social Communication, Article 106, paragraph I, without being specific about access to public information, provides: “The State guarantees the right to communication and the right to information”. Further, Article 21, subsection 6, guarantees Bolivian citizens’ rights to “Access information, interpret it, analyze it and convey it freely, either individually or collectively”. The studies were 1) “Your word about news” (2444 surveys in each case in October 2007 and January 2008; 2) “Citizen Agenda - Elections 2009” (survey of civil society and journalists from 10 cities in August and September 2009), and 3) “Citizen Agenda about Information and Communication Rights” (850 surveys in September and October 2010). Besides, ONADEM interviewed 14 representatives of Journalist Trade Unions. 6 Interviews conducted in December 2011. 7 Personal interview with Construir Foundation, a Bolivian non-profit civil-society organization working with research, education, communication, deliberation, monitoring and social advocacy, to promote citizen participation to strengthen equal access to the judicial system to protect fundamental rights. They work to encourage intercultural dialogue to apply legal pluralism in Bolivia, promoting indigenous rights and taking action to prevent violence, especially toward women and children. See: http://www.fundacionconstruir.org/index.php/ 5 22 A regulatory system conducive to freedom of expression, pluralism and media diversity Category 1 Articles 241 and 242 give backing to the sovereign people through organized civil society to exercise societal oversight in public governance at all levels of the State, as well as over public, mixed public-and-private, and private enterprises and institutions administering fiscal resources. This participation and societal oversight imply generating transparent management of information and use of resources in all aspects of public governance. The information requested by societal oversight cannot be refused, and shall be delivered thoroughly, truthfully, adequately and in a timely manner. Notwithstanding the above, information of a confidential nature must be kept secret and may not be disclosed by public servants, even after they are no longer in service or on duty. Article 237 of the CPE, paragraph I, subsection 2, sets forth this obligation and establishes that the classification procedure will be prescribed by law. The mandatory requirement to publish and inform is also provided for in the Andrés Ibáñez Framework Law on Autonomies and Decentralization, Nº 031, of 19 July 2010. Article 135; paragraph II, states that central government bodies must make fiscal information and any other information transparent, except for that which is classified as confidential because of national security, according to a procedure established by an express norm. In this regard, in the ANP’s judgment, only one specific law clearly and precisely defines what cases justify confidentiality for reasons of national security. Complementarily, transparency in public governance by the Executive Branch is guaranteed by DS Nº 28168, in effect since May 2005, Article 1 of which states: “The present Supreme Decree is to guarantee access to information, as a fundamental right of all persons, and transparency in management by the Executive Branch”. Article 4 guarantees the right to information: “The right to access information is recognized for all persons as a fundamental assumption for full exercise of citizenship and strengthening of democracy”. The above shows that, at this time, more actions are being carried out in the work of Bolivian governmental entities to guarantee the right to access public information. Nevertheless, much remains yet to be done so that public servants will be granted this right in their day-to-day working practice and in contact with the public, to satisfy the latter’s demands for information. 1.2.2.The country has signed and ratified relevant treaties obligations with no significant exemptions The following table shows the international treaties ratified by Bolivia regarding access to information and those that were raised to the standing of laws: Table 1 International Instrument Date of ratification Status as a Law American Declaration of the Rights and Duties of Man 2/06/1998 - Universal Declaration of Human Rights 27/07/1993 - Convention on the Rights of Children 14/05/1990 International Covenant on Civil and Political Rights 17/ 05/1982 Law Nº 1152 14/05/1990 Law Nº 2119 11/09/2000 23 Category 1 A regulatory system conducive to freedom of expression, pluralism and media diversity International Instrument American Convention on Human Rights “Pact of San José, Costa Rica” Date of ratification 20/06/1979 Status as a Law Law Nº 1430 11/02/1993 Source: General Directorate of Legal Affairs Ministry of Foreign Affairs of the Pluri-National State of Bolivia (October, 2011) 1.2.3.The public is aware of and exercises right to access official information The “Citizen Agenda 2010 - Information and Communication Right”8 identified that the Bolivian population is aware of their right to access official information. However, the people demand more and better information from the State, at its different levels (central government, governor’s offices, municipalities or sub-municipalities); they also require information from the public or private companies providing basic services (telephony, water, electrical energy, health and advertising) and are asking to be heard by them. The Agenda says that, in citizens’ perception, information is a one-way process directly involving the broadcast media: they are the ones who generate information and, without them, it would not exist. Everyone who exercises power, including the media, considered that information is a powerful tool. Some people do not identify any difference between communication and information. They understand information as news that is broadcast by journalists through media such as television or radio. They also show that society is accustomed to having information be what they receive through the media; information, say interviewees, is something new, news, the latest development. These perceptions by citizens show that the right to access information is not consciously valued as the people’s right. 1.2.4.Public bodies release information both pro-actively and on demand Proactive publication of information by public entities and response to requests for information from the citizenry are guaranteed in the CPE and in Supreme Decrees that are in effect (see sub-Indicator 1.2.1). A survey conducted for this study identified 203 public entities, including Ministries, the Judicial and Legislative sectors. Out of this number, 196 have Websites. Bolivia’s 20 Ministries9 have a mechanism to request information on their Websites. This mechanism consists of on-line forms to be filled in to request information about the Ministry, which must be answered by the office of transparency in each Ministry10. One hundred forty-four entities distribute some type of publication such as institutional proceedings and reports, bulletins, magazines or newsletters, planning and management projects, reports by transparency unit and press releases. Forty-eight entities were identified that have a mechanism to provide information, which may be communication units or directorates, consumer defense offices, press departments and, in the case of regulatory and inspection authorities, institutional transparency units. Mejía and Murillo, 2011:59. It was a survey combined with focus groups and interviews that took place ten cities: La Paz, El Alto, Cobija, Tarija, Santa Cruz, Potosí, Oruro, Trinidad, Sucre and Cochabamba (from June to August 2010). ONADEM from UNIR Bolivia Foundation planned the citizen agenda to hear the people’s voice about public issues and Bolivian journalism. 9 See: http://www.mingobierno.gob.bo/enlaces.php This official Website does not yet have the Ministry of Communications, which was created under DS Nº 0793 (15/02/2011). 10 Actually, there is no official report about this mechanism. 8 24 A regulatory system conducive to freedom of expression, pluralism and media diversity Category 1 1.2.5.An effective, efficient appeals mechanism via an independent administrative body, e.g., an information commissioner or ombudsman11 Although it is not an independent administrative entity, the Ministry of Institutional Transparency against Corruption, and its Vice-Ministries, have a mechanism to enforce the right to information by filling in a complaint form on Internet at the Ministry’s Website or by writing to its offices. Public servants with this entity are governed by Internal Regulations requiring them to receive and respond to complaints and/or appeals from the citizenry. In general, ministries in Bolivia have a transparency unit to receive complaints and/or demands from citizens, a mandate instituted when the Ministry of Institutional Transparency and against Corruption12 was created (see sub-Indicator 1.2.1). 1.2.6.Any restriction on grounds for protection of personal privacy is narrowly defined so as to exclude information in which there is no justifiable public interest The CPE, in Section I on Civil Rights, Article 21, subsection 2, lists the rights of Bolivian citizens “To privacy, intimacy, honor, self-image and dignity.” Further, Article 131, paragraph I, establishes that “Action to Protect Privacy will be taken according to the procedure set forth for appeals to Constitutional Relief”. In addition, paragraph II states that if the tribunal or judge with competent jurisdiction declares that the appeal is in order, they/he/she will order the disclosure, elimination or rectification of the data the registration of which is challenged. The December 1944 Law on Anonymity establishes, in Article 1, “From this date, in all publications discussing public affairs or private interests of persons, anonymousness is absolutely prohibited”. Likewise, regarding the communications media, Article 3 states that the author must necessarily sign at the end of what is written and that it is the editor’s responsibility, in the case of a newspaper or periodical publication, and if another genre of publications is involved, the responsibility falls to the publisher. However, these provisions are not strictly applied, because the great majority of journalistic information in the different media is published, including information items circulating on Internet, without the signature of the writer responsible. The right to intimacy is guaranteed in the Bolivian Civil Code of August 1975. Its Article 18 establishes that “No one may disturb or disclose a person’s intimate life. The latter’s condition will be taken into account. The exceptions are in cases provided for by law”. 1.3. EDITORIAL INDEPENDENCE IS GUARANTEED IN LAW AND RESPECTED IN PRACTICE 1.3.1.Broadcasters are not required to allocate broadcasting time to, or carry specific broadcasts on behalf of the government (aside from obligatory direct access to political broadcasts during elections) Article 59 of the General Law on Telecommunications, Information and Communication Technologies13, Law Nº 164 of August 2011, outlines the obligations of operators and suppliers to provide telecommunications and information and communication technology (ICT) services free of charge in cases of emergency, as determined by the Authority The Ombudsman Function as an independent entity that does not receive its instructions from public authorities oversees enforcement and compliance with individual rights and collective rights set forth by the CPE and the law. See: http://www.defensoria.gob.bo/ 12 DS Nº 29894 Organizing the Executive Branch (07/02/2009). 13 For the purposes of this study, hereinafter, we will refer to the “Law on Telecommunications” or “Telecommunications Law”. 11 25 Category 1 A regulatory system conducive to freedom of expression, pluralism and media diversity to Regulate and Oversee Telecommunications and Transport (ATT). Similarly, Article 16 refers to compliance with instructions and plans that are issued in emergency and State security situations. Aside from that, only Article 112 of that Law, referring to official presidential messages, establishes that “Operators broadcasting audio and video (open free of charge by open-signal radio and television) and distributing audio and video signals, are obliged to make two network broadcasts for the entire country per year, with no payment whatsoever, of the official messages of the President of the Pluri-national State, addressing everyone in the country”. 1.3.2. Government, regulatory bodies or commercial interests do not influence, or seek to influence, the editorial content of broadcasters or print media Regarding the practice of journalism, ONADEM’s survey about journalists’ working conditions14, with 764 journalists, regarding external and internal pressures on their practice, it was concluded that a general characteristic among those surveyed (70% approximately) is to “not feel pressured” by their media outlet to cover any particular situation. However, 22% of those surveyed said that their boss had asked them to change the contents of news (or the approach) even though it was properly done; 17% said that they had been asked not to consult some source and 82% answered that they had not been asked to present any particular testimony. An overall average shows that only 9% said that they were asked to come back with certain or specific answers from information sources and another 9% did not answer15. 1.3.3. The law does not allow State actors to seize control of broadcasters in an emergency The Telecommunications Law clearly states the cases of emergency and State security in which the media would be obliged to broadcast messages by governmental stakeholders, which would not entail taking control over them (Article 111). To date, there have been no cases in Bolivia in which governmental stakeholders have ever taken control of the media in an emergency. 1.4. JOURNALISTS’ RIGHT TO PROTECT THEIR SOURCES IS GUARANTEED IN LAW AND RESPECTED IN PRACTICE 1.4.1.Journalists can protect the confidentiality of their sources without fear of prosecution or harassment Protection of privacy is ensured in Article 130, paragraph II, of the CPE which states: “Appeals to Protect Privacy shall not be made in order to remove secrecy in press matters”. The Press Law’s Article 8 states that “secrecy in matters of printing is inviolable”. Similarly, Article 9 of the CPE states that “The publisher or printer who discloses a political authority or private party’s anonymous secrecy, without being required by a judge with competent jurisdiction, is responsible, as a criminal, having violated public trust, under the Criminal-law Code”. Journalists’ criterion is that the scope of this provision, since there is no other referring to non-print media, is applicable to all types of media involving a journalist’s work. Hurtado, 2009: 195-200. This study used a survey of the working situation of journalists, interviewing 764 journalists in La Paz, El Alto, Cochabamba and Santa Cruz in 2007. ONADEM sampled 78% of all journalists who cover news on a daily basis in these four cities. 15 One third of these journalists said that they felt conditioned by their bosses about the way to report news to the public. Editors-in-chief and information directors are the people that journalists indicated as the ones responsible for setting these conditions. In summary, journalists work under conditions affecting the outcomes and perception of their work (Hurtado, 2009: 199). 14 26 A regulatory system conducive to freedom of expression, pluralism and media diversity Category 1 Supreme Decree N° 20225, the General By-Laws for Journalists, establishes (among the rights of journalists) in Article 11, that “The sources or origins of information must be kept secret, within strict professional secrecy, which may not be revealed, except by the order of a tribunal with competent jurisdiction and pursuant to the application of Article 1 of 19 January 1925”. 1.5. THE PUBLIC AND CIVIL-SOCIETY ORGANIZATIONS (CSOs) PARTICIPATE IN SHAPING PUBLIC POLICIES TOWARDS THE MEDIA 1.5.1.The State creates genuine opportunities for consultation with non-State actors about legislation and public policy towards the media The CPE establishes, in Article 241 on participation and societal oversight that people, through organized civil society, will take part in designing public policies and that State entities will generate opportunities for participation and societal oversight by society16. Nevertheless, the proposed regulations for the Telecommunications Law of 18 January 2012 have not included details about participation and societal oversight in telecommunications and ICTs mentioned in Articles 7 and 110 of that sector’s law. Regarding participation in public policy design, during a personal interview the Secretary-General of the Confederation of Press Workers of Bolivia Labor Union, Iván Rodríguez, stated: “When the Law’s mechanisms for dealing with racism and all forms of discrimination were being made, we insisted on being heard and on having our point of view taken into account. We sent our contributions to preparing this Law and they simply were not taken into account, and this Law was enacted including Article 16, which compromises freedom of expression not only for journalists but for the country overall, and Article 23, which criminalizes press work”. Moreover, Mario Maldonado, from the National Council of Journalism Ethics, stated: “As far as I know, there has very rarely been any consultation, and I don’t think that any headway has been made lately. That is why this lack of any consultation with the organizations involved with social communication has resulted in so many problems, because provisions are authoritarian, such as the Law on Discrimination”. DIMENSION B: SYSTEM TO REGULATE BROADCASTING 1.6 THE INDEPENDENCE OF THE REGULATORY SYSTEM IS GUARANTEED BY LAW AND RESPECTED IN PRACTICE 1.6.1 Explicit legislative guarantees of autonomy and independence from partisan or commercial interference The Telecommunication and Transportation Regulation and Supervision Authority (ATT) is a body belonging to the government structure and is not involved with commercial interests. It is under the auspices of the Ministry of Public Works, Services and Housing, so the regulatory body is not independent of official interests. Further, Article 242, subsection 1, states that social participation also entails “Participating in formulating State policies”. 16 27 Category 1 A regulatory system conducive to freedom of expression, pluralism and media diversity 1.6.2 Legal guarantees of the regulatory body’s independence There is no legislative guarantee of the regulatory body’s independence from the State. 1.6.3 Powers and responsibilities of the regulatory body are clearly set out by law The powers and responsibilities of the regulatory body are established in detail in Article 7, paragraph I, of the Telecommunications Law regarding the scope of jurisdiction for telecommunications and information and communication technologies. The powers and responsibilities include formulating, approving and implementing policies and plans for the sector to guarantee improvement in the Bolivian people’s quality of life to promote and negotiate international treaties and agreements for the sector and to promote access to information and communication networks. 1.6.4 Members of the regulatory body are chosen through a transparent, democratic process designed to minimize the risk of partisan or commercial interference (for instance, setting up rules on incompatibility and eligibility) Supreme Decree Nº 0071 to create the Authorities for Inspection and Societal Oversight provides, in Articles 7 and 14, that the Executive Director of the regulatory body (ATT) will be designated by the President of the Pluri-national State by a Supreme Resolution. ATT’s organizational structure has a Council comprising the Minister of Public Works, Services and Housing or his/ her representative, who chairs the Council; Vice-Minister of Telecommunications; Vice-Minister of Transport and two representatives of societal organizations and/or users. Therefore, the Council members are not democratically elected, although there are safeguards to prevent commercial interference in decision-making. 1.6.5 Adequate, consistent funding for the regulatory body is guaranteed by law to safeguard its independence and/or protect it from coercive budgetary pressures Given the structure in which the ATT is located, under the Executive Branch, the funding independence is safeguarded, except from private business stakeholders. 1.7 THE REGULATORY SYSTEM WORKS TO ENSURE MEDIA PLURALISM AND FREEDOM OF EXPRESSION AND INFORMATION 1.7.1.The regulatory body is formally accountable to the public Although this point does not explicitly indicate the mechanisms for accountability, the constitutional mandate of Article 235 establishes public officials’ obligation to “be accountable for economic, political, technical and administrative responsibilities in exercising public administration”17. Another legal instrument with the legal standing of a Supreme Decree, regarding accountability to the public, covers public management by the Executive Branch (SD Nº 28168 of May 2005). 28 The Law on Telecommunications states, in Article 110 that “Participation and societal oversight shall be governed by the provisions of the Constitution of the Nation and the Law regarding their exercise, without precluding the application of other mechanisms for accountability, inspection and control” 17 A regulatory system conducive to freedom of expression, pluralism and media diversity Category 1 1.7.2.The regulatory body has the scope to ensure that the broadcasting sector runs in a fair, pluralistic and efficient manner and is empowered by law to promote fairness, freedom of expression, of views and ownership, public service programming and accessibility of broadcasting services to the general public The regulatory body, ATT, has jurisdiction to ensure operation of the radio and television sector. Supreme Decree Nº 0071 creates the authorities for inspection and societal oversight. Article three, paragraph II, establishes that the objective of creating the Authorities is to: “a) guarantee the interests and rights of consumers and users, effectively promoting a plural economy pursuant to the Constitution of the Nation (CPE) and the law”. DIMENSION C: DEFAMATION LAW AND OTHER LEGAL RESTRICTIONS ON JOURNALISTS 1.8 THE STATE DOES NOT PLACE UNWARRANTED LEGAL RESTRICTIONS ON THE MEDIA 1.8.1 There are no legal provisions dictating who may practice journalism or requiring licensing or registration of journalists Supreme Decree N° 11246 on Professionalizing Journalists of 1973 established for the first time professional requirements for journalists to have degrees and the norms and requirements to qualify for an exceptional degree by seniority. This norm created the National Register of Journalists under the Ministry of Education and Culture, to register the degrees of all journalists and provide an exclusive card to journalists on behalf of the FTPB. The General By-Laws for Journalists, approved by Supreme Decree Nº20225 in 1984, then establish in Article 27 that a professional degree is required to work in the field of journalism. At this time, in Bolivia, not all journalists have degrees. There are many journalists considered “self-taught” and some with university degrees in other areas than Journalism or Communication who practice journalism. This means that neither the professionalization nor the professional register are, in practice, sine qua non requirements for journalists in Bolivia and that, therefore, the media are free to hire the personnel they deem best, and to grant them the corresponding accreditation. 1.8.2 Fair and transparently implemented accreditation procedures for coverage of official functions and bodies Based on interviews conducted with 11 representatives of Journalism trade union organizations outside the nation’s capital, it can be asserted that the other cities have no procedure in place to access information from official entities. The journalists interviewed said that they have no difficulty in access to these institutions, simply by presenting their credentials granted by the media outlet where they work. However, they said that institutions do not always give all the information they request, above all when it is about handling of economic resources or other topics that are sensitive to authorities. 29 Category 1 A regulatory system conducive to freedom of expression, pluralism and media diversity 1.9 DEFAMATION LAWS IMPOSE THE NARROWEST RESTRICTIONS NECESSARY TO PROTECT THE REPUTATION OF INDIVIDUALS 1.9.1 Defamation laws do not inhibit public debate about the conduct of officials or official entities Defamation is defined as a crime in the Criminal-Law Code (Article 282). Slandering the State, as defined in Article 162, inhibits public discussion related to institutions’ management and public officials, but it was removed from the law by the Constitutional Court in October 24, 2012. 1.9.2 Defamation laws provide for sufficient legal defenses, e.g., that the disputed statement was an opinion, not an allegation of fact; that publication or broadcasting of the disputed fact was reasonable or in the public interest, or that it occurred during a live transmission and/or before a court or elected body Article 14 of the Press Law states that no one may be required to prove the truth of defamatory actions except against public officials or managers of corporations or limited partnership business entities for actions regarding claims involving the performance of their functions. Besides, Article 27 states that the crimes of calumny and slander against private parties are subject to the penalty of the Code and must be tried by regular tribunals, unless the party offended wants to bring his case before a jury. Further, Article 286 on the Exception of Truth in the Criminal-Law Code determines that the author of defamation and calumny cannot be punished if the claims were truthful, but the party accused can prove the truth of these claims only when they are offenses targeting a public official about his or her functions. Article 289 of that Code establishes that “the defendant for a crime against honor will be exempt from penalty if he or she retracts the claim before or while being interrogated”. 1.9.3 Defamation laws provide for a regime of remedies that allow for proportionate responses to the publication or broadcasting of defamatory statements No norms establish the characteristics of responses regarding crimes of defamation. However, the CPE recognizes, in Article 106, paragraph II, the right to rectification and reply: “The State guarantees Bolivian citizens the right to freedom of expression, opinion and information, to rectification and rebuttal, and the right to freely broadcast ideas by any medium, without prior censorship”. 1.9.4 The scope of defamation laws is defined as narrowly as possible, including as to who may sue The Criminal-Law Code, in Article 285, establishes that the party promulgating or reproducing by any means the facts referred to in Articles 282 (defamation) and 283 (calumny) will be punished as the author thereof. Article 28 of the Press Law states, in its second paragraph, that “public officials who are attacked by the press as such may complain only before a jury. However, if in the process of combatting actions by public officials, they are offended, defamed or slandered personally, they may bring their complaint to ordinary tribunals”. 30 That same Law, in Article 31, specifies that “criminal-law suits for crimes and infractions regarding Printing come under the Public Ministry for complaints against any individual”, while Article 32 determines that “complaints for personal crimes can be brought only by the offended party, which covers the criminal process”. A regulatory system conducive to freedom of expression, pluralism and media diversity Category 1 1.9.5 Defamation suits cannot be brought by public bodies whether legislative, executive or judicial The Criminal-law Code establishes nothing about this point. However, as mentioned in the previous sub-Indicator, the Press Law determines, in Article 28, that public officials attacked by the press as such may complain only to the Press Jury, but that, “if in the process of combatting actions by public officials” they are personally offended, defamed or slandered, they may bring their complaints to ordinary tribunals. 1.9.6 Burden of proof falls upon the plaintiff in cases involving the conduct of public officials and other matters of public interest As indicated above regarding legal defense from criminal accusations of defamation (see sub-Indicator 1.9.2), the Press Law, in Article 14, establishes that “no one may be required to prove the truth of defamatory actions except against public officials or managers of corporations or limited partnership business entities for actions regarding claims about their performance of their functions”. That Article also indicates, “Proving the facts claimed relieves the author of all blame, without precluding liability for offenses that were not necessarily dependent on the actual facts”. Further, Article 286 of the Criminal-Law Code (see sub-Indicator 1.9.2) determines that the author of defamation and calumny cannot be punished if the claims “were truthful”, but the party accused can prove the truth of these claims only when they are offenses targeting a public official in regard to his or her functions, and when the plaintiff requests proof of the claim, providing that such proof does not affect the rights or secrecy of a third party. 1.9.7 There is a reasonable cut-off date after which plaintiffs can no longer sue for an alleged defamation The Press Law states, in Article 20, that “criminal-law action expires in four months, counted from the day the printed material is published; and in the case of clandestine ones, from when the authority learns of it. If the offended party is outside the Republic, the term will transpire starting on their return to Bolivia”. In turn, the Criminal-law Code establishes in Article 101 that the power to take such action expires: a. In eight (8) years, for those crimes for which there is a punishment of imprisonment for six (6) or more than six (6) years; b. In five (5) years, for those for which there is a punishment of imprisonment for less than six (6) and more than two (2) years; c. In three (3) years for other crimes. 1.10 OTHER RESTRICTIONS ON THE FREEDOM OF SPEECH, WHETHER BASED ON NATIONAL SECURITY LAWS, EXPRESSION OF HATRED, PRIVACY, SLANDER OF THE STATE OR OBSCENITY, MUST BE CLEARLY AND PRECISELY DEFINED IN LEGISLATION, AND MUST BE JUSTIFIABLE AS CONDITIONS NECESSARY FOR DEMOCRATIC SOCIETY, PURSUANT TO INTERNATIONAL LAW 1.10.1National security and other restrictive laws do not inhibit public debate about issues of public concern Article 11 of Press Law establishes that “it is a crime against society, to [write] compromising the Nation’s existence or integrity, or exposing it to foreign war, or tending to disturb peace of mind and public order, or inciting or sustaining disturbances or disobedience to laws or authorities, or provoking the perpetration of any crime, or that are obscene or immoral”. Article 12 of the same Law clarifies, as indicated above, that “no crime is committed when expressing the defects of the Constitution or of legislative, administrative or judicial actions, for the purpose of publicizing their errors or the need to amend them, providing they contain no offenses of any other nature”. 31 Category 1 A regulatory system conducive to freedom of expression, pluralism and media diversity Law Nº 45 against Discrimination (2010) includes an article the vagueness of which could lead to discretionary application of the norm and become a factor restricting freedom of expression unnecessarily. Its wording states: A communications media outlet that authorizes or publishes racist, discriminatory ideas may be penalized economically and its operating license suspended, subject to regulations (Article 16). However, that ambiguity was partially improved in the regulations for that Law: (...) media offenses, whatever their nature, entail authorization to broadcast and publish racist, discriminatory ideas, resulting in the following: 1. Deliberate, systematic expressions, consisting of verbal or written expressions, for harming the dignity of a given person or group for racist or discriminatory motives. 2. Systematic broadcasting of messages with racist or discriminatory contents, in advertising, paid spaces, requested notifications and publicity that incite hatred, contempt, violence or persecution of a given person or groups de persons. 3. Defense or praise of acts of racism or discrimination for justifying hatred, violence or persecution of a given person or group (Art. 16). Article 82 of the Electoral Regime Law regarding elections for judicial authorities, amended in May 2011, inhibits public debate, because it determines, in paragraph I, that: (...) candidates, when they announce their candidacy, are prohibited, subject to disqualification, from: a) Directly or indirectly making any kind of campaign or propaganda about their candidacy, on radio, television, written media or in public spaces; b) Issuing opinions in their favor, or in favor or against other candidates, on radio, television, written media or in public spaces; c) Directing or conducting radio or television programs, or maintaining news or opinion spaces in the written media”. Paragraph II of that article explicitly prohibits generation of opinion spaces regarding an issue of public interest, such as elections and candidates of judicial authorities, as follows: As of the beginning of the campaign period, the communications media are prohibited, subject to but not precluding criminal-law liability, from: (…) c. Generating opinion spaces of any kind about candidates. d. Giving opinion spaces, conducting or participating in programs for any candidate. 1.10.2 Any restrictions are narrowly defined in law, rather than being subject to executive discretion The Press Law, Article 10, determines the written materials that are crimes against the Bolivian Constitution and against society, while its Article 12 clarifies that “no crime is committed when expressing the defects of the Constitution or of legislative, administrative or judicial actions, for the purpose of publicizing their errors or the need to amend them, providing they contain no offenses of any other nature” (see sub-Indicator 1.10.1). Article 162 of the Criminal-law Code establishes that “the person, who by any means slanders, offends or defames any public official who is exercising their functions or because of those functions, will be punished by imprisonment from one month to two years”. It also states, “If the above actions have targeted the President or Vice President of the Republic, Ministers of State or Justices of the Supreme Court or a member of Congress, the penalty will be 50% greater”. DIMENSION D: CENSORSHIP 1.11 THE MEDIA ARE NOT SUBJECT TO PRIOR CENSORSHIP AS A MATTER OF BOTH LAW AND PRACTICE 1.11.1 Broadcasting or print content is not subject to prior censorship, either by government or by regulatory bodies 32 A regulatory system conducive to freedom of expression, pluralism and media diversity Category 1 As indicated above, the CPE guarantees, in Article 106, that “Bolivian citizens [will have] the right to freedom of expression, opinion and information, to rectification and rebuttal, and the right to freely broadcast ideas by any medium, without prior censorship”. Further, the Press Law, in Article 1, establishes that “all men have the right to publish their thoughts in the press, without prior censorship, except for restrictions established by the present law”. 1.11.2 Sanctions for breaches of regulatory rules relating to content are applied only after the material has been broadcast or published Pursuant to Article 13 of the American Convention on Human Rights “Pact of San José, Costa Rica” in Bolivia there are penalties for failure to comply with rules regarding contents only after the material has been broadcast or published. 1.11.3Broadcasters and print publications are not required to register with or obtain permission from a public body ATT is responsible for granting licenses to radio and television broadcasters. The Electoral Law, in Article 117, paragraph I, determines that “the communications media with a national scope who wish to qualify to broadcast paid electoral advertising in an electoral process, referendum or revocation of mandate must register with the Supreme Electoral Tribunal” for the purpose of specifying the payable rates in order make contracts for election advertising time. 1.11.4 Broadcasters or print publications are not closed or threatened with closure because of their content The Press Law guarantees, in Article 64, that a printing business cannot be closed by decree under any circumstances. As indicated above (see sub-indicators 1.10.1 and 1.10.2) the Law against Discrimination establishes, in Article 16, economic penalties and operating license suspension for media that authorize and publish racist, discriminatory ideas. 1.11.5There are no explicit or concealed restrictions to access newsprint, distribution networks or printing houses There are no explicit restrictions on access to newsprint in Bolivia’s norms. According to declarations by the President of the National Association of Journalists of Bolivia (ANPB), Ronald Grebe, in Bolivia, unlike other countries, there are no problems to purchase newsprint. 1.11.6Fines for breaches of rules are not excessive or disproportionate so as to function as a form of censorship In general, the fines established are not too high for large private networks and media. However, they are too high for the small media, which are the majority. The fines established in Bolivian legislation for the audiovisual and print media go up to Bs. 40,750 (approximately 5,950 dollars), equivalent to 50 national minimum wages as of 2012, established in the regulations of the Electoral Regime Law for collectives, societal, political or associative organizations. 33 Category 1 A regulatory system conducive to freedom of expression, pluralism and media diversity Article 15 of the Press Law states “the penalties for crimes that can be tried exclusively by the Jury, are monetary, and in no event may exceed 400 Bolivianos”, while Article 19 says that “printing infractions shall be punished with a fine that will not exceed 170 Bolivianos”. That same Law, in Article 5, says, “The clandestine nature of a printing establishment or of a publication shall be punished with a fine of 200 to 500 Bolivianos, fining the owners, administrators or publishers”18. The Regulations of Law 045 against Racism and all Forms of Discrimination establish, in Article 17, third-degree penalties of up to 360 days’ worth of fine, equivalent to Bs. 9,777 approximately (some 1,437 dollars), and temporary disqualification to operate for 150 to 360 calendar days. Article 18 of those regulations also states, “Application of penalties does not exempt the communications media outlet from the responsibility of fulfilling its obligations toward its employees”. 1.12 THE STATE DOES NOT SEEK TO BLOCK OR FILTER INTERNET CONTENT DEEMED SENSITIVE OR DETRIMENTAL 1.12.1 Internet contents are not blocked or filtered by the Government because of contents or source Although there has been word of situations of filtering browsing sites and intervening in the content of emails from public servants in public institutions, this extreme has not been formally determined. The Law on Telecommunications, in Article 54, sub-sections 6 and 17, guarantee the right for users to “demand respect for the privacy and inviolability of their communications, except in those cases expressly mentioned by the Constitution of the Nation and the Law” and to “receive protection from the service provider regarding their personal data against publicity not authorized by the user, pursuant to the National Constitution and the present Law”. However, the proposed regulations on development, contents and applications of ICTs under the Law on Telecommunications of 18 January 2012, establishes in Article 54, on workplace email, that “Employers are authorized to access and monitor all information circulating in said workplace email, and to prohibit its use for personal purposes”, with the sole requirement of “clearly notifying” the employee. 1.12.2Internet users are not subject to sanctions for accessing or publishing content on the Internet deemed sensitive or detrimental The prohibition of electoral campaigning or advertising stipulated in Article 82 of the Electoral Law, and as explained in detail under previous sub-indicators (see sub-indicators 1.10.1, 1.10.2 and 1.11.1), includes Internet and mass cellphone text messaging. Law 45 against Racism and all forms of Discrimination (Article 6) states that it is the duty of the Pluri-National State of Bolivia to define and adopt public policy to prevent and combat racism and all forms of discrimination, (…) containing the following actions: (…) III. In the field of communication, information and broadcasting. (…) d) Order the communications media, radio, television, print media and new information and communication technologies, such as Internet, to eliminate from their programming any racist, xenophobic and other language, expressions and manifestations with discriminatory contents. 34 The equivalencies for the amounts set for fines under the Press Law have not been established, since they would be inapplicable at this time, because the amounts were set when the Law was enacted (1925). 18 A regulatory system conducive to freedom of expression, pluralism and media diversity Category 1 1.12.3 Internet service providers, websites, blogs or Internet broadcasters are not required to register with or obtain permission from a public body The Telecommunications Law does not establish conditions for registering with ATT for companies providing Internet services and the contents broadcast. The Executive Director of the Bolivian Agency for the Development of Information Society (ADSIB), on this point, has stated that telecommunications operators offering Internet service (such as ENTEL, VIVA or TIGO) do have to register, but citizens have totally free access to this service. To create a blog there are free Websites such as blogger.com, wordpress.com, hazblog.com, and quierocrearunblog. com, which can be accessed only if one has an email account, although some of them do require stating whether the contents are suited for the public or only for adults. RECOMMENDATIONS - CATEGORY 1 DIMENSION A: LEGAL AND POLICY FRAMEWORK - Correct the contradiction and incompatibility among the Law on the Judicial Branch, its regulations and the Constitution of the Nation, because they limit the constitutional rights of freedom of speech and access to public information. - Promote knowledge and exercise of the citizens’ right to freedom of speech, which often appears to be limited to journalism and media activities. - Promote the right to access public information by enacting the Law on Transparency and Access to Public Information. The enactment of this Law will guarantee public institutional mechanisms (infrastructure, technology, human resources); and protect process and organize public information to meet the citizens’ demands for information in a timely manner. This Law should carefully define reserved, confidential information, for all references in Bolivian norms such as, for example, the Framework Law on Autonomies19. - Improve the relationship between official sources and journalists in favor of democracy and the exercise of free, independent and pluralistic journalism. - Guarantee effective participation by stakeholders in communication and by civil society in formulating legislation and public policies about the media. - Guarantee inclusion of demands and proposals by stakeholders in communication and by civil society in legislation and public policies about the media. DIMENSION B: REGULATORY SYSTEM FOR BROADCASTING - Reconsider the nature of the ATT, as the regulatory agency for telecommunications and ICTs, which is neither decentralized nor independent and is not even the administrative body for the sector (ministry for this area). Autonomy should be understood as the political capacity to manage economic resources and make laws at a local level in coordination with the State at the national level. That is why the Autonomies Law was created in Bolivia. 19 35 Category 1 A regulatory system conducive to freedom of expression, pluralism and media diversity - Guarantee that the Regulations for the Law on Telecommunications (currently being debated) will include participation and societal oversight for allocating frequencies and evaluating projects. - Regulate State advertising distribution to prevent it from becoming a mechanism to pressure the media. - Guarantee the independence of government-owned media from the administrative and policy-making body by forming an Advisory Council comprising civil society and State entities. DIMENSION C: DEFAMATION LAWS AND OTHER LEGAL RESTRICTIONS ON JOURNALISTS - Set norms and guarantee the characteristics of proportional responses to publication or broadcasting of defamatory statements. - Amend the Special Regulations on Advertising for Judicial Elections so they will not inhibit public debate or entail prior censorship. - Correct the wording of Article 16 of the Anti-Discrimination Law to adequately apply judicial technical norms and adjust its regulations to prevent discretionary interpretation of the Law and the consequent risks of undermining the freedom of speech. DIMENSION D: CENSORSHIP − Review Article 18 of the Regulations for the Anti-Discrimination Law to prevent the risk of indirect closure of media. − Harmonize the provisions of the Law on Telecommunications and its Regulations regarding the privacy of personal communications on Internet. 36 Category 2 Plurality and diversity of media, a level economic playing field and transparency of ownership. DIMENSION A: MEDIA CONCENTRATION 2.1. THE STATE TAKES POSITIVE MEASURES TO PROMOTE PLURALIST MEDIA 2.1.1.Effective regulations to prevent undue ownership concentration and promote plurality The CPE has anti-monopoly provisions in Article 107, paragraph III: “The social communication media shall not form, directly or indirectly, monopolies or oligopolies”. Further, Article 314 of that Law, regarding the State’s economic organization, establishes a prohibition of private monopolies and oligopolies or other forms of association by individuals or companies, either Bolivian or foreign, for the purpose of controlling and enjoying exclusiveness in producing and marketing goods and services. The current Law on Telecommunications states, in Article 28, that broadcasting licenses may not be granted for individuals or companies exceeding 25%, with any exceptions that the State may determine by international treaties and agreements. Similarly, Article 30 contains a prohibition to obtain broadcasting licenses in a single area of service for more than one radio station in a given frequency band. Regarding open-signal television, the prohibition also applies for more than one analog or digital television station. The restriction also includes shareholders in companies that hold licenses for such services. However, the Law establishes that such restrictions do not apply to State allocations. Article 61 outlines express prohibitions for operators and suppliers about anti-competitive practices, unfair practices, economic concentration operations and direct or indirect formation of monopolies and oligopolies in broadcasting. Although there are media, above all radio and television, operating as a network, there have not been any cases in Bolivia of monopolistic or oligopolistic control of the communicational contents. 2.1.2. Specific legislation on cross-ownership within the media and between radio / television broadcasting and other media sectors to prevent market dominance There is no specific legislation to prevent cross-ownership of media. 2.1.3. Regulations recognize the distinction between small and large players in the media market The closest Bolivia comes to establishing this distinction is found in Articles 10 (paragraph I) and 72 (on the role of the State) in the Law on Telecommunications establishing distribution of frequencies for broadcasting (see sub-Indicator 1.7.2), as well as the State’s obligation to foster mechanisms to democratize opportunities for all sectors of society 39 Category 2 Plurality and diversity of media, a level economic playing field and transparency of ownership. and especially for those with lower income and special needs. That same Law, in Article 5, refers to the principle of solidarity (subsection 10) and stating that providing telecommunications services and information and communication technologies (…) will encourage the adoption of mechanisms to enable lower-income sectors and special-needs groups, seeking quality and affordable prices, to access these services. In the commercial sector, there are no factors to contribute to any distinction between large and small media, or entailing beneficial conditions for the latter. 2.1.4.Transparency and disclosure provisions for media companies with regard to ownership, investment and revenue sources The Law on Telecommunications and the proposed Law on Transparency and Access to Public Information do not specifically provide for transparency or disclosure for private media companies regarding their ownership, investments or income sources, because they are private. 2.1.5. The licensing process for allocation of specific frequencies to individual broadcasters promotes diversity of media ownership and programming content Under the Law on Telecommunications, licenses are granted directly by the State, through public tenders and bidding for the private-commercial sector and by an invitation to bid for social-community and indigenous media. In this last case, the criterion of quality is included for allocating frequencies. So far, because of the way that frequency distribution has been managed, it does not promote diversity but rather private-commercial ownership, but it is estimated that this situation will change, because the new Telecommunications Law will begin addressing this issue in 2017. The diversity of programming contents does not depend directly on the way that frequencies are allocated, but on the decisions made by each media outlet. 2.1.6. Compliance with international standards Pursuant to principle number 12 of the Declaration of Principles of Freedom of Expression in the Inter-American Human Rights Commission, Bolivian constitutional norms prohibit the formation of monopolies or oligopolies and the new Law on Telecommunications provides for more pluralistic future distribution of radio and television frequencies. 2.1.7. Authorities responsible for implementing anti-monopoly laws have sufficient powers, e.g., power to refuse license requests and to divest existing media operations where plurality is threatened or where unacceptable levels of ownership concentration are reached ATT and the Authority for Inspection and Societal Oversight of Companies (AEMP) are the agencies responsible for enforcing anti-monopoly laws. ATT inspects, oversees, supervises and regulates telecommunications and transport activities; AEMP inspects, oversees, supervises and regulates the activities of companies regarding corporate governance, defending competition, re-structuring companies and registering trade, both agencies backed by legislation granting them such powers20. 40 Supreme Decree Nº 0071 to Create the Authorities for Inspection and Societal Oversight (9 April 2009). See: www.oopp.gob.bo 20 Plurality and diversity of media, a level economic playing field and transparency of ownership. Category 2 The jurisdictions of both authorities and the powers of their Executive Directors are broad and sufficient to make concrete decisions, such as denying or granting licenses or dealing with anti-competitive practices, and are described in DS 0071 which Creates the Authorities for Inspection and Societal Oversight (Articles 17 and 19 for the ATT and Articles 44 and 46 for the AEMP). These Authorities have the responsibility to implement and enforce the norms current in national territory. 2.1.8. The Government actively monitors and evaluates the consequences of media concentration The Government, through ATT, assumes responsibility for ensuring non-concentration of media. In this regard, the Law on Telecommunications of 8 August 2011 establishes anti-monopoly provisions as described above. Due to the recent enactment of this Law and the recent public discussion of its regulations with civil society (18 January 2012), there are as yet no statistics on monitoring or evaluations of the consequences of media concentration regarding compliance of the current norms. 2.2. THE STATE ENSURES COMPLIANCE WITH MEASURES TO PROMOTE PLURALISTIC MEDIA 2.1.1 Anti-monopoly laws used by regulators to refuse license requests or force divestment of existing media operations in order to prevent excessive concentrations of media ownership The current norms on telecommunications and ICTs clearly establish anti-monopoly provisions and prohibit the granting of licenses. These provisions include the requirements for applicants that ATT evaluates on the basis of various criteria described in the regulations and the National Frequency Plan (PNF) to grant licenses (see sub-indicators 2.1.1, 2.1.2, 2.1.5 and 2.1.7). It is not, however, yet being enforced. These norms have no precedent. 2.1.2.Civil society groups and the citizenry at large participate actively in promoting and enforcing measures to foster media pluralism The proposed draft Law on Telecommunications distributed the broad spectrum among only two stakeholders: the Government (20%) and private enterprise (80%). Then the Bolivian branch of the World Association of Community Radio Stations (AMARC), ERBOL, the UNIR Bolivia Foundation through ONADEM and the Federation of Telephone Cooperatives of Bolivia (FECOTEL) demanded for the Pluri-National Legislative Assembly to reconsider that distribution to make it more pluralistic, which was achieved in the final version of the Law. Further, according to Abel Ticona, a member of the Cinematographic Training and Production Center (CEFREC), federations of indigenous and native small farmers, grouped in the “Pact of Unity”, commissioned the Center to prepare suggestions so community media would be considered in the distribution of radio frequencies. 2.1.3.Regulators allocate digital licenses to a diverse range of commercial and noncommercial operators The Law on Telecommunications has no specific criteria to grant these types of licenses, beyond the general ones regarding percentagewise distribution of the broadcasting spectrum among agents from different sectors. The percentages of frequencies distributed for each sector were established in the Law on Telecommunications as follows: 33% for the State, 33% for the private-commercial sector, 17% for social-community media and 17% for indigenous media. 41 Category 2 Plurality and diversity of media, a level economic playing field and transparency of ownership. Enforcement of this new allocation will be done by the regulatory body, ATT, which – once it completes the approval of its regulations – plans to implement this distribution in coming years. DIMENSION B: A DIVERSE MIX OF PUBLIC, PRIVATE AND COMMUNITY MEDIA 2.3. THE GOVERNMENT ACTIVELY PROMOTES A DIVERSE MIX OF PUBLIC, PRIVATE AND COMMUNITY MEDIA 2.3.1. State does not discriminate among public, private and community media in granting access to information. According to the Union Confederation of Press Workers of Bolivia (CSTPB21), there have been some cases of discrimination, “when there are conflict situations, there are people who don’t want to be interviewed, because supposedly these networks distort and favor the government / state media”. From December 2008 to May 2009, President Morales gave no information to journalists from the private media and spoke only with representatives of the official media and the international press. He lifted this ban six months later. The Federation of Press Workers of La Paz (FTPLP) has no data on formal complaints about discrimination in access to information. However, some journalists expressed their perception that “government media are favored in granting interviews”, although such situations have also been common in past governmental administrations. 2.3.2. Where radio and television broadcasting regulation covers digital broadcasting, public service stations are automatically granted licenses for digital broadcasting As indicated above, the Telecommunications Law establishes direct allocation of frequencies to State media. The norms have no specific criteria to grant digital licenses for radio or TV (see sub-Indicator 2.2.3). 2.3.3. State does not impose start-up fees or other restrictions on new print titles aside from standard business registration requirements In Bolivia, there are three independent agencies to register new printed titles. Two of them are government entities: The National Intellectual Property Service (SENAPI) and the National Repository. The third agency, the Book Chamber, is private and specifically for book publications. Aside from these normal requirements to register printed works pursuant to the law and regulations on authors’ rights, there are no prior payments or other restrictions required by the State in this regard. Journalism companies must register with SENAPI, obtain their Legal Deposit number and comply with the requirements in place for companies. 42 CSTPB groups 12 Press Worker Union Federations, covering 67 Press Worker Unions nationwide (data provided by Tito Pacheco, CSTPB leader). 21 Plurality and diversity of media, a level economic playing field and transparency of ownership. Category 2 2.4. INDEPENDENT, TRANSPARENT REGULATORY SYSTEM 2.4.1. The regulatory system ensures equitable access to the frequency spectrum for a plurality of media, including community broadcasters The CPE establishes equal conditions and opportunities for community media (see sub-Indicator 2.3.1). The Law on Telecommunications, in Articles 10 and 11 (Distribution of Frequencies for Broadcasting and Allocation of Frequencies for State Use, respectively) outline access and distribution of the frequency spectrum for the Government, the commercial sector, the social-community sector, indigenous native rural peoples and inter-cultural and Afro-Bolivian communities. 2.4.2.Decision-making processes about allocation of frequencies among public, private and community media are open and participatory Allocation of frequencies to the public media is direct, to the private-commercial media is by auction and to others (social-community and indigenous) by project evaluation. None of these frequency allocation procedures involves public participation or societal oversight. 2.4.3. Decision-making processes for allocation of frequencies among public, private and community broadcasters are open and participatory ATT is the entity responsible for evaluating and rating applications and project proposals, by forming a multi-disciplinary technical-governmental commission. ATT and the other multi-disciplinary commission members represent the official sphere. 2.5. STATE AND CSOs ACTIVELY PROMOTE DEVELOPMENT OF COMMUNITY MEDIA 2.5.1. The pricing structure for broadcasting licenses not prohibitive for community media The CPE establishes that the State will support creation of community communication media with equal conditions and opportunities (Article 107 paragraph III:). For community media, since they are not-for-profit, the new Telecommunications Law does not establish application of any price to obtain a frequency or rates for using it. 2.5.2. Specific quotas or targets for the reservation of parts of the radio frequency spectrum to community broadcasters The percentage of allocation for distributing channels on the frequency band for broadcasting service on FM and analog television nationwide is clearly established in the Telecommunications Law for the social community sector as up to 17% and for indigenous native rural peoples and for intercultural and Afro-Bolivian communities up to another 17% (Article 10). 2.5.3. Mechanisms such as public hearings so communities can give their mandate to a community broadcasters and renew that mandate at regular intervals There are no systematic mechanisms of this type for communities to materialize their mandate in a community media outlet. However, what does happen with communities is their backing, by which a community endorses that the media outlet operates with certain community principles. 43 Category 2 Plurality and diversity of media, a level economic playing field and transparency of ownership. 2.5.4. A proportion of revenues raised from the sale of spectrum and cable and telecommunications licenses is reinvested in community media There is no reinvestment from sale of licenses to benefit community media. Re-investment in this category is applied to telecommunications infrastructure in the so-called “transport of telecommunications” (by micro-wave, optical fiber, or satellite). ATT has no policies or norms to cooperate in such applications as, for example, broadcasting. 2.5.5. Positive state measures to support community print and broadcast media, for example, preferential prices, or discounted tariffs The Telecommunications Law stipulates exemption from paying fees to use frequencies, for telecommunications of a social nature, regarding education, health, and emergencies. Similarly, for broadcasting services provided to indigenous native rural peoples and nations and intercultural and Afro-Bolivian communities who comply with frequency use as established in the National Frequency Plan and the corresponding technical aspects. For the social-community sector in the urban area, broadcasting services will pay the regulation fee and allocation fee, except for the fee to use the frequency (Article 64). Community media will only have the obligation to pay the regulation fee of 1% annually, deductible from their income. This fee payment obligation will cover the administrative costs of the regulatory body to oversee and supervise these media, said Paravicini. The Government created the Native Peoples Radio (RPOs22) System, for the purpose of providing rural communities, native peoples and social groups in rural areas with their own communications media. There are currently 39 in the country. They were implemented initially by the former National Directorate of Social Communication (DINACOM) and although these media are not supported by the State, they are part of a project promoted by Morales that received funding of almost two million dollars from Venezuela to purchase equipment23. 2.5.6. CSOs assist community print and broadcast media through, e.g., capacity building, seed funding, emergency bridging finance, advocacy (see for example the Association of Independent Publishers in South Africa –www.independentpublisher.org) The organizations assisting community media in areas associated with capacity-building are the Radio and Television Training Service for Development (SECRAD24) and AMARC25. They work directly with the Radio Patria Nueva Network, a government-owned media outlet, and with national societal organizations such as CSUTCB, Bartolina Sisa, CIDOB, CONAMAQ and intercultural organizations. The purpose of the National System of Radios of the Native Peoples is to contribute to the exchange of social, economic and cultural experiences through timely broadcasting of information. 23 See FMBOLIVIA.TV [on-line], available at: http://www.fmbolivia.tv/2011/08/evo-morales-reforzo-medios-estatales-pero-no-promovio-pluralidad/ [date retrieved: 10 February 2012]. 24 Reporting to the Department of Social Communication of the Bolivian “San Pablo” Catholic University of La Paz, they provide capacity-building services for planning, production and evaluation of audiovisual materials, as well as to implement communication strategies for intercultural audiences who use communication to improve their quality of life. 25 An international non-governmental organization at the service of the community radio movement, grouping nearly 4000 members and associates in over 110 countries. Its aim is to support and contribute to developing participatory community radio according to the principles of solidarity and international cooperation. The International Council of AMARC has representatives from every continent. 22 44 Plurality and diversity of media, a level economic playing field and transparency of ownership. Category 2 CEFREC26 assists communicators from indigenous organizations and community media in the technical audiovisual area and in the field of radio. In turn, the NINA Program27, pursuing political and leadership training to prepare and generate proposals by the Indigenous Native Rural Movement to advocate for inclusive public policies for democratic construction of a balanced society, with social justice and opportunities for all. Other civil-society institutions that also build capacities in radio and audiovisual communication for community media are: ERBOL, Loyola Cultural Action (ACLO28), the Education and Communication Center for Indigenous Communities and Peoples (CECOPI29), Support for Indigenous Farmers from the Bolivian East (APCOB30), the Center to Research and Promote Rural People (CIPCA)31 and the Confederation of Indigenous Peoples of Bolivia (CIDOB)32. DIMENSION C: LICENSING AND SPECTRUM ALLOCATION 2.6. THE STATE PLAN FOR SPECTRUM ALLOCATION ENSURES OPTIMAL USE FOR THE PUBLIC INTEREST 2.6.1. The regulatory authority has a spectrum allocation plan that meets ITU rules and UNESCO recommendations on provisions for public service broadcasting The Law on Telecommunications, in Article 8, states that the National Spectrum Allocation Plan (PNF) will regulate equitable, efficient use of the broadcasting spectrum nationwide, considering, among others, economic, security, educational, scientific, public-interest and technical aspects pursuant to State policies, national interests and approved international commitments, to optimize their use and prevent harmful interference. Regarding UNESCO recommendations, the ATT, through its Director, has stated that they are very interesting guidelines about education and Wi-Fi and that, in convergence with UIT, they are harmonized with the Bolivian regulatory agency. Telecommunications sector policies have objectives for the 2011-2020 periods for efficient oversight and management of the Broadcasting Spectrum without interference, through its technical instrument, the National Spectrum Allocation Plan, which enables orderly administration and use of the radio spectrum according to national standards and international recommendations. Their fundamental mission is to provide technical training on cinema and video for the indigenous peoples of Bolivia and help produce and distribute their works. The broadest vision guiding CEFREC is to empower through increasingly sophisticated knowledge of video and cinematography. 27 The NINA Program provides training and collective learning for rural native indigenous leaders of Bolivia, in an alternative, non-formal setting. The Program is by an inter-institutional consortium comprising two national networks of NGOs, namely: UNITAS (National Union of Institutions for Social Action) and AIPE (Association of Promotion and Education Institutions). The NINA Program has been working to strengthen societal organizations, accompanying the concerns and demands of the Native Rural Indigenous Movement. 28 ACLO has worked for 45 years to promote the rights of rural, indigenous and urban-grassroots organizations in Southern Bolivia: Chuquisaca, Potosí and Tarija. See: http://aclo.org.bo 29 See: http://www.cecopi.org/ 30 See: http://www.apcob.org.bo/pagina.php 31 See: http://www.cipca.org.bo/ 32 See: http://www.cidob-bo.org/ 26 45 Category 2 Plurality and diversity of media, a level economic playing field and transparency of ownership. 2.6.2. The plan is drawn up in consultation with CSOs and the media sector According to ATT, the National Spectrum Allocation Plan has been consulted with the parties directly interested in making the transformations, which are the operators, and events have been held such as seminars and talks attended by representatives of civil society, but we could not determine whether the plan was established participatorily. 2.6.3. The plan is published and broadly disseminated According to the Executive Director of the ATT, the National Spectrum Allocation Plan is published and broadly disseminated33. The Plan for broadcasting is shown in great detail: “the others are complex and large operators have their commercial, business and technological interests”, he added. 2.7. THE State plan for spectrum allocation promotes diversity of ownership and content 2.7.1. The plan ensures that broadcasting frequencies are shared equitably among public, private and community broadcasters and among national, regional and local broadcasters The percentages of spectrum allocations distributed for each sector were established in the Law on Telecommunications as follows: 33% for the State, 33% for the private-commercial sector, 17% for social-community media and 17% for indigenous media. This distribution is not completely equitable in its percentages. However, the distribution be applied in 2017 is open to indigenous, native, rural community media and for other inter-cultural and Afro-Bolivian groups, which did not appear in the previous standard with the current detail and allocation. 2.7.2.Frequencies are not required to be auctioned off to the highest bidder if the public interest is better served by other bidders Commercial frequencies are auctioned. ATT states that any party meeting the legal and technical requirements may enter the price bidding. An initial price is given, on the basis of the referential historical price, and prices are bid. The highest bidder wins. The others are direct allocations at no cost, direct but on the basis of project proposals (see sub-Indicator 2.1.5). 2.7.3.Part of any digital dividend be allocated back into broadcasting, i.e., that not all freedup frequencies are sold to the highest bidder There is no specific provision in the Telecommunications Law regarding the digital dividend. 46 http://att.gob.bo/images/files/PNF%2008_11_12.pdf 33 Plurality and diversity of media, a level economic playing field and transparency of ownership. Category 2 2.7.4.There should be some ‘must-carry’ obligations on satellite and cable carriers, at a minimum, to carry PSB channels among the choices they offer, as well as the possibility of must-carry obligations to promote diversity (e.g., in favor of minority channels) The Telecommunications Law does not specifically set mandatory requirements to grant licenses to satellite communication and cable television service companies to include, at least, State channels among their programming. Nevertheless, in the proposed Regulations for the Telecommunications Law (18 January 2012) — currently being discussed — Article 77 establishes that signal distribution service, both Bolivia TV (State TV channel) and the channels from the Bolivian University Information Network (RUBI), will be incorporated by operators of signal distribution service to rebroadcast programming un-interruptedly without any additional payments (Also see sub-Indicator 3.4.1.). 2.8. INDEPENDENT AND TRANSPARENT REGULATORY SYSTEM 2.8.1.Broadcast licensing processes and decisions are overseen by an independent regulatory authority, which meets international standards (see Section 1.B, Regulatory System) ATT, the regulatory authority, is under the supervision of the Ministry of Public Works, Services and Housing and it cannot be considered an independent body. 2.8.2.Broadcast license applications are assessed according to transparent and objective criteria set out in law Adapting the current distribution of spectrum allocations to the provisions of the new norm, scheduled for 2017, will show how the criteria of transparency, objectiveness and universal access to service are applied when evaluating applications for them. 2.1.3.Fees for different types of licenses are transparent and set out in advance The Law on Telecommunications establishes, in Article 62, payments for allocation and use of the broadcasting spectrum. They are approved annually by a Regulatory Administrative Resolution. This resolution is published in newspapers with national circulation and on the ATT Website, stated the person responsible for Basic Services at ATT, Martín García. 2.1.4.Regulators actively monitor frequency use to ensure that actual usage conforms to license conditions The Telecommunications Law empowers ATT to: “Regulate, authorize, oversee, inspect and coordinate use of the broadcasting spectrum and technically check electromagnetic emissions in the territory of the Plurinational State” (Article 14). The Executive Director of ATT stated that it has a constant, regular monitoring system identifying, for example, clandestine radio stations and other irregularities that might be against the law and the National Spectrum Allocation Plan. 47 Category 2 Plurality and diversity of media, a level economic playing field and transparency of ownership. DIMENSION D: TAXATION AND BUSINESS REGULATION 2.9. THE STATE USES TAXATION AND BUSINESS REGULATION TO ENCOURAGE MEDIA DEVELOPMENT IN A NON-DISCRIMINATORY MANNER 2.9.1.Preferential tax, import duty and tariff regimes to encourage the development of broadcasting and print media Legislation on telecommunications contains norms encouraging media development for minority broadcasting sectors, as mentioned in sub-Indicator 2.5.5. The printed media have no equivalent norms. 2.9.2. The State does not impose prohibitive taxes or levies on media organizations There are no prohibitive taxes on the media. According to the President of the ANP, Marco Antonio Dipp, although the State does not impose prohibitive taxes or fees on media organizations, there are no incentive policies, either, for this sector. 2.9.3.State tax policy and practice does not discriminate against the media or favor specific private media outlets over others The media favored by “positive discrimination” under the CPE (Article 107, paragraph IV) and the new Law on Telecommunications are the social-community media. In this regard, the ATT Director, Clifford Paravicini, stated that, under this new Law, community radio stations: (…) will not pay a fee to use their frequency or for frequency allocation, which are the fees charged to private media, because the private media are for profit and therefore will have profits. DIMENSION E: ADVERTISING 2.10. STATE DOES NOT DISCRIMINATE THROUGH ADVERTISING POLICY 2.10.1. The State places advertising in a fair, transparent and non-discriminatory manner, e.g., through a code of conduct For this study, ONADEM made a monitoring process of government advertising on TV and press in a standard week during 2012. The results showed that the media broadcasting the most government advertising are Bolivia TV (official) and ATB (pro-official) and daily newspapers Cambio (official) and La Razón (pro-official). There is no code of conduct for this subject. 2.10.2. Allocation of government advertising is strictly monitored to ensure fair access by all media There is no accurate official information on this topic. 48 Plurality and diversity of media, a level economic playing field and transparency of ownership. Category 2 Carlos Soria, of Radio Sur Agricultura34, stated that government advertising distribution is not subject to strict monitoring. He also said he fears that much government advertising goes to the big urban private media; especially commercial television networks, which he feels practice self-censorship to have state advertising. Closing the door to State advertising could seriously impact media economically; without that support, many media could go bankrupt, he said. 2.10.3. Public service broadcasters are subject to fair competition rules in respect of advertising they carry Bolivia has no specific law on this point, so the official and private media are not obliged to compete fairly in advertising. 2.10.4. Codes of conduct or other guidelines for allocation of advertising Only the Plurinational Electoral Organization has regulations to allocate advertising. 2.11. EFFECTIVE REGULATION GOVERNING ADVERTISING IN THE MEDIA 2.11.1Broadcasters and print media adhere to nationally- or regionally-agreed limits on advertising content, where applicable In Bolivia, there is no consumer defense law yet. Nor is there any explicit regulation of advertising. Only the General Regulations on Television Service, of 1986, prohibited advertising medicines and provides for adding a warning in advertisements for cigarettes and alcoholic beverages. Advertisers do not always follow these rules. The proportion that should be maintained between contents and advertising is another unresolved issue in considerations about advertising in Bolivia, since it is almost never observed. Radio and television advertisements by banking and other financial companies do mention that the services or prizes they offer are supervised by the corresponding authority. The Electoral Regime Law has regulations about advertising contents at election events (see sub-Indicator 1.10.1). 2.11.2. Broadcasters and print media adhere to nationally- or regionally-agreed guidelines for the separation of advertising and programming, where applicable Only some codes of ethics by journalist federations contain the recommendation to separate advertising from journalism contents. However, these codes are not always followed by the media. Newspapers are somewhat careful to make sure that advertising space does not use the same typefaces as the news. They also use other mechanisms to prevent visual confusion. On TV, however, the invasion by mentions, trademarks and placing35 is continual and often even promoted by the station. This is a small community station, located in Mecapaca, in a rural area near La Paz. Advertising technique consisting of inserting a product or trademark into the program’s narrative (shown, mentioned or used by the actors). Used generally in television programs and series, soap operas, music videos, cinema and video games, among others. 34 35 49 Category 2 Plurality and diversity of media, a level economic playing field and transparency of ownership. 2.11.3. Existence of a code of advertising, established by an independent professional body, to prevent misleading advertising Regarding an advertising code, Diego Gullco says there is none, but that the Bolivian Code of Commerce36 has a few articles on this subject. The La Paz Chamber of Advertising Companies (CAPEP37) attempted to develop some more far-reaching initiatives regarding advertising parameters but to date they have not concluded them. RECOMMENDATIONS CATEGORY 2 DIMENSION A: MEDIA CONCENTRATION - Enable participation and consensus to define concepts (purposes and principles of service) for operators covered by the Law on Telecommunications, as well as to apply that Law, particularly to redistribute broadcasting frequencies. - Ensure no financial, political or editorial influence by the State in social-community, private and indigenous media. - Keep ATT’s official roster of the number and type of radio and television stations and print media and regularly update it. - Prepare a code on advertising regulation and self-regulation involving advertisers, advertising agencies, media and citizens. - Allocate government advertising in a non-discriminatory manner under specific regulations. - Propose for the Bolivian educational system to include a subject about critical reading of the media and advertising, i.e., media literacy. - Promote, by the State and CSOs, defense of user and consumer rights regarding the quality of care and information about the product or service advertised. - Correct the existing contradiction in the Law on Telecommunications, which establishes governmental appointment of ATT as the regulatory body, while granting it a decentralized nature. - Clearly define social-community media. - Include, in governmental, private and community media, the interests, expression and participation of specific, vulnerable groups. - Use the country’s language diversity to prepare broadcast and printed media messages. Decree Law Nº 14379 of 25 February 1977. It regulates the legal relationships deriving from commercial activity. Created in 1996, it groups six agencies promoting the development of advertising. They organize the Publicita event, gathering the best advertisements broadcast on the media. 36 50 37 Plurality and diversity of media, a level economic playing field and transparency of ownership. Category 2 - Integrate fair representation in media management of ethnic, language, and minority groups and persons with disabilities. DIMENSION B: A DIVERSE MIX OF PUBLIC, PRIVATE AND COMMUNITY MEDIA - Establish regulations guaranteeing management, administrative, financial, editorial and contents independence of government media, to respect their nature as public service. DIMENSION C: LICENSING AND SPECTRUM ALLOCATION - Promote greater dissemination of codes of ethics among media operators and among the public. - Encourage the communications media to enable spaces and opportunities to channel and respond to complaints that citizens make about their performance. - Create a code of ethics and maintain conditions eliminating the practice of self-censorship in a joint effort by the Government, media owners, advertisers and journalist trade unions. DIMENSION D: TAXATION AND BUSINESS REGULATION - Urge the State to abide by the IHRC recommendation to prevent regulation from inhibiting debate public, especially in coverage of elections for authorities and topics of discrimination and racism. - ATT should strengthen and coordinate media self-regulation mechanisms (print, audiovisual and electronic media) and professional organizations and, as applicable, develop those instruments for media sectors that have none. DIMENSION E: ADVERTISING - Promote media interest in citizens’ perception and opinion of their performance, programming contents and the quality of service they provide. - Promote independent studies on public demands and perceptions of service quality to contribute to regular self-assessment by the media. 51 Category 2 52 Plurality and diversity of media, a level economic playing field and transparency of ownership. Category 3 Media as a platform for democratic discourse DIMENSION A: MEDIA REFLECTS THE DIVERSITY OF SOCIETY 3.1 THE MEDIA – PUBLIC, PRIVATE AND COMMUNITY-BASED – SERVE THE NEEDS OF ALL GROUPS IN SOCIETY The media are an essential component for social debate and democracy and are recognized as such by the people. However, the citizenry does not feel represented by them. Research on the “Citizen Agenda, 2009 Elections”38 by the UNIR Bolivia Foundation showed that people think that the communications media do not provide the necessary room to include or represent the citizenry. 3.1.1. Media use language/s which reflects the country’s linguistic diversity of the target area There are few media with information contents in Aymara39 or Quechua40 and generally news in those few spaces is given bilingually (Spanish – Aymara, Spanish – Quechua)41. Journalism in native languages occupies a marginal space in the media grid of the two cities studied: in the press and with minimal presence and on radio and television outside of “prime-time”. The Aymara or Quechua languages are used mainly by presenters and reporters in the media, especially in Patria Nueva Broadcast Net, but most news sources speak Spanish. The only print media initiative identified was the bimonthly periodical publication in Quechua called Conosur Nawpaqman, prepared and distributed by the Development and Communication Center (CENDA) 42. Community and grassroots media do largely use native languages along with Spanish, since “most of the population who consider themselves native are bilingual and can speak both Spanish and their native language”. Mejía and Murillo, 2011: 49. The 2009 Citizen Elections Agenda is the result of a qualitative consultation with several citizen sectors, in La Paz, El Alto, Santa Cruz, Cobija, Tarija and Cochabamba, in August and September 2009, about news treatment of the elections and citizens’ presence in the media. 39 According to the 2001 Census by the National Statistics Institute (INE), in Bolivia at least 1,462,286 persons — age 6 or more — speak Aymara. 40 Quechua is the second language most spoken by Bolivians, exceeded only by Spanish. In Cochabamba it is also the second language most spoken (2001 Census by INE). 41 Espinoza, 2011:133 and Poma. 2011:157. 42 Cenda is a non-governmental organization, based in Cochabamba, which has made and distributed that newspaper for over 20 years. 38 55 Category 3 Media as a platform for democratic discourse 3.1.2. Media use language/s relied upon by marginalized groups In general, there are very few spaces conceived and designed by and for Bolivia’s vulnerable groups, such as women, children, youth, and persons with disabilities, elderly adults or sexual diversity collectives. Some examples of these are Radio Deseo, in the city of La Paz, the Wayna Tambo Foundation – Network of Diversity, the Ecojóvenes radio station of the Young Bolivia Education and Communication Center43, the ERBOL network44, Kawsachun Coca Radio45, the Mining Radio and Television network (MIRTV)46, Neighborhood Councils Federation (FEJUVE) radio of El Alto and the monthly “My Neighborhood” of Tarija47. 3.1.3. Community media (print or broadcast) is produced for specific groups, e.g., indigenous and tribal people, and refugees An estimated48 80 community radio stations work in communities in Bolivia’s rural areas that are quite precarious. Their contents focus on the community’s needs and daily lives, interacting constantly with their members. José Luis Aguirre, director of the Radio and Television for Development Training Service (SECRAD) of San Pablo Catholic University and ex-President of AMARC Bolivia, stated that working with and for vulnerable groups is community radio stations’ vocation, because a community media outlet must be motivated to serve those sectors that normally have no access to speech – sectors of society that are often subjected, vulnerable, and unable to express themselves. 3.1.4. State or public media in practice represent the views of the entire political spectrum and a wide spectrum of social interests, including the weakest sections of society State Media49 do not in practice represent the views of the entire political spectrum or a wide spectrum of society. For example, in its programming, Bolivia TV contains a youth space for local rock music (Axesso), two about indigenous peoples (Entre culturas and Aymara newscast Markasana Arupa) and one on gender equality (For women’s political empowerment). However, there are still many other minority and/or vulnerable sectors of society, and some indigenous peoples, who are not represented, such as children, the Gays, Lesbians, Bisexual and Transsexuals (GLBT community, people with disabilities and several peoples from the east and south of the country who live in vulnerable situations and do not have fair representation anywhere in the media, including State Media. 45 46 Available at: www.ecojovenes.org ERBOL’s digital newspaper (www.erbol.com.bo) has sections on “Indigenous people” and “Gender” with specific news on both topics. http://www.fmbolivia.com.bo/noticia12782-radio-kawsachun-coca-amplia-su-emision-a-9-departamentos.html The “Mining Chain of Radio Stations” made history in Bolivian communication and had an enormous political influence in the 1960s, 70s and 80s. Mining radio stations were the first alternative media and the beginning of community communication in Bolivia. Since 1986, and the mass firing of government miners (“relocation”), several stations were closed or transferred to private parties or former leaders, until the MIRTV Network was re-launched in 2003. 47 The Team for Alternative Communication with Women (ECAM) works to train the communicators who contribute substantially to this monthly’s content and to the Program “My neighborhood decides” in Tarija. 48 There is no official data about this issue at the moment of this study. 49 In Bolivia, there are official or government media that are under government supervision. 43 44 56 Media as a platform for democratic discourse Category 3 3.1.5. Information presented by the media is accessible to women and marginalized groups (e.g., takes into account how these groups access information, including levels of literacy). The “Report on Connectivity Initiatives by Indigenous Women’s Groups” states that “Indigenous women who access the media have trouble confronting them, lack practice and sometimes have difficulty expressing themselves correctly in Spanish”50. (The information presented on most media is in Spanish. Newscasts on several national television networks and other local channels51 use Bolivian Sign Language (LSB). Community media reach vulnerable groups and have a closer, more familiar relationship with their communities, since they report on local contents and generally combine Spanish with Aymara or Quechua. As the above report states, for indigenous women, community stations play a central role because “by accessing radio news programs in indigenous languages, many women who may not know how to read or write have access to information about their country’s reality”52. 3.2 MEDIA ORGANISATIONS REFLECT SOCIAL DIVERSITY THROUGH THEIR EMPLOYMENT PRACTICES 3.2.1 Female journalists are fairly represented across the media industry or sector, including at senior levels Women journalists are not fairly represented anywhere in the media sector. There are few media in which women are in senior positions since; in general, journalism and its organizations are controlled by men. In stations in La Paz, journalist presenters are mostly male (71%) with under one third (29%) women53. That same study shows that television presenters are also mostly males (58%) with fewer women (42%)54. In the management of newspaper companies, women are from 0 to 12% (only in the Opinión newspaper of Cochabamba is there 18%). Meanwhile, in the press room, men are 72% of the journalists, while women are only 28% (again, only Opinión newspaper had a higher number of women journalists). Finally, leadership of the main journalist federations in La Paz, Cochabamba and Santa Cruz have from 0 to 13% women officials. Only La Paz Journalists Association (APLP) had greater female presence than the other journalist federations (30%)55. 3.2.2 Journalists from minority ethnic, linguistic or religious groups are fairly represented across the media industry or sector, including at senior levels As already discussed, there is no official roster of all print, radio and television media operating in the country, much less of the communication experiences of ethnic, language and minority religious groups and persons with disabilities, who have no fair representation in the country’s media. 52 53 54 López, 2007: 20-21. UNITEL, BOLIVIA TV, RTP (national networks) and TV Off (local channel in La Paz). López, 2007:36. Poma and Villegas, 2008: Ten radio stations were analyzed (three of them are national networks) and 16 TV channels (of which nine are national networks) with a total of 143 journalism programs. 55 Villegas, 2014:131. 50 51 57 Category 3 Media as a platform for democratic discourse Except for the Program for blind people on Radio Deseo (see sub-Indicator 3.1.3), in general there are no programs produced by persons with disabilities. Further, a preliminary survey, just in La Paz and on the Web, identified a number of religious group media, although this does not mean that there is not a higher number of such media in other cities of Bolivia on which there is no information. In television, six private channels were identified: two Catholic ones and four Protestant ones. Católica TV, Cristo TV and Poder de Dios (the second and third are Protestant) operate in La Paz. The Christian Communications System, belonging to the Christian Ekklesía Bolivia, has a television station (Cristo TV) and a radio station (El Sonido de la Vida). In El Alto there are two private television stations: Cristo Viene – La Red (Protestant) and Virgen de Copacabana (Catholic Church). Indigenous communicators in the highlands using their native languages have 16 programs in Aymara, broadcast by seven radio stations and Bolivia TV in La Paz and El Alto56, and seven radio stations broadcast at least two hours of news in Quechua every day57. The lowlands indigenous peoples have a very complex reality. Ignacio Jare Ichu58, a journalist with La Palabra in Beni and Channel 11 University Television in Beni, considers that indigenous journalists are not fairly represented in the media, because “they are being relegated, especially from decision-making positions” and to access the media they have to rent airtime. DIMENSION B: PUBLIC SERVICE BROADCASTING MODEL 3.3 THE GOALS OF PUBLIC SERVICE BROADCASTING (PSB) ARE LEGALLY DEFINED AND GUARANTEED 3.3.1 The public service remit of the PSB is clearly defined in law Claudio Rossell, Director-General of State Media of the Communication Ministry59, has stated that, although the State Media do not have clearly, precisely stipulated goals in the law, they do have a well-defined purpose in their creation decrees, regarding people’s right to public information, so “in principle the government communication media have the obligation to disseminate information about the State”. According to Article 4 of decree creating Bolivia TV, its “purpose is to provide television service by broadcasting and reproducing its signals throughout Bolivian territory, become a medium of communication, education and information, contributing to promotion of ethical, moral and civic values of different cultures, strengthening integration of the Pluri-National State of Bolivia”. Poma, 2011: 157-176. Espinoza, 2011:133 - 154. 58 He is indigenous, from the Moxeño Trinitario people, a member of the Indigenous Cabildo of Beni, and a journalist for La Palabra of Beni and for channel 11 Televisora Universitaria of Beni 59 The Communication Ministry comprises two vice-ministries: Communicational Policies, which is in charge of the General Directorate of Strategies and the General Directorate of Governmental Information; and Communicational Management, with the General Directorate of State Media and the General Directorate of Studies and Projects. 56 57 58 Media as a platform for democratic discourse Category 3 The ABI news agency, the Patria Nueva radio network and the Cambio newspaper do not have objectives that are defined or clearly guaranteed in legislation. However, we learned that they are in the process of design and preparation, under the coordination of the new Minister of Communication, Amanda Dávila60. 3.3.2 PSB has guarantees on editorial independence and appropriate, secure funding arrangements to protect it from arbitrary interference According to Rossell, the other State Media, except for ABI, have commercial policies that “set forth a certain area of autonomy because they generate their own resources”. However, he feels that they can still be interfered with, since they report to the Executive Branch and public information comes mainly from that branch, so State media’s news agenda will always be closer to the Government’s viewpoints. Regarding financing, Bolivia TV61 earns resources from: a) Capital input from the National Treasury (TGN) once, depending on cash-flow availability; b) Specific resources generated by the company; c) Resources and goods from liquidating the former National Bolivian Television Company (ENTB); d) Capital transfers62. 3.3.3 Public Media/State Media have adequate technical resources According to Rossell’s statements, the State Media do have adequate technical resources, although President Evo Morales, in his annual report speech, referred to technical deficiencies in the work of Bolivia TV and announced strengthening of Cambio newspaper, Patria Nueva Radio, and Bolivia TV63. 3.3.4 The State Media are publicly accountable, through their governing body The Communication Ministry and its General Directorate of State Media (DGME) do public accountability partially, at the beginning of each administrative period, regarding the four State Media64. Although they are public and therefore anyone can attend, they mostly target the representatives of societal movements close to the Government. 3.4 Public Media operations do not experience discrimination in any field 3.4.1 Satellite and cable carriers do not refuse to carry stations or public-service content65 The current Telecommunications Law does not make it explicitly mandatory for private media to rebroadcast the government channel’s signal. We accessed the “Documento rector para la programación de la empresa estatal de televisión Bolivia TV” (Guiding document for government enterprise programming on Bolivia TV), which, according to the General Manager of this station, Gustavo Portocarrero, is undergoing changes and adaptation to the current structure of Bolivia TV. The Minister took office on 22 January 2012. 61 Bolivia TV, unlike the other State media, since April 2009 has been established as a Strategic National Public Enterprise by DS Nº 78 and its Board comprises the Ministers of Communication, Presidency, Development Planning, Economy and Public Finance, Public Works, Services and Housing, Education and Cultures. The Minister of Communication chairs the Board. 62 Decree creating Bolivia TV. 63 El Deber, 23 January 2012 64 The last was done on 6 January 2012, presenting the final accountability for the past period (2011) and the goals for the current period. 65 The model UNESCO report assumes that government-owned stations will be similar to public-service contents. However, in Bolivia the two concepts are not the same, so it is necessary to differentiate broadcasting on State media of public-service information, which may be broadcast on private media as well. 60 59 Category 3 Media as a platform for democratic discourse Rossell stated that, in general, there is no discrimination in any field, except when, for a while (2007-2008) the Santa Cruz Telecommunications Cooperative (COTAS) cable service removed Bolivia TV from the national channels block and placed it at the bottom of their offerings. 3.5 INDEPENDENT, TRANSPARENT SYSTEM OF GOVERNANCE 3.5.1. The State Media are overseen by an independent governing body whose autonomy is legally guaranteed The degree creating the Communication Ministry puts it in charge of overseeing the four State Media: State Television Company (BOLIVIA TV), Patria Nueva Radio, “Cambio” newspaper and the Bolivian Information Agency (ABI). The governmental media coordinator has said that all State Media, except for Bolivia TV, are organizationally and administratively under his management, so the Ministry would be their decision-making and administrative management. Accordingly, the specific powers of the Vice-Ministry of Communicational Management, to which the General Directorate of State Media (DGME) reports, include “Developing programs and projects to strengthening and develop State communications media, as well as orienting and supervising their operation” (Communication Ministry Creation Decree, Nº 0793). 3.5.2 Appointments to the governing body are open, transparent and free from direct government interference or control by any governmental or economic vested interests The Communication Ministry is the administrative body to which the State Media report, and is headed by the Minister of Communication, who is directly appointed by the President of the Pluri-National State. 3.5.3 The governing body ensures that the State Media fulfill their public service remit and protects their independence There is no express mandate for the governing body to supervise the public-service nature of the contents of the State Media’s editorial line. 3.6 Engage with the public and CSOs 3.6.1 PSB has a proven commitment to consultation and engagement with the public and CSOs, including a complaints system Bolivia TV generates channels for citizen participation66. This media outlet uses, in all its programs, at least one way of interacting with the audience, whether through telephone calls, text messages, email, social networks, opinion polls on the street or the presence of people in the studio. Patria Nueva radio involves the public in three programs through telephone calls, text messages and occasionally opinion polls. Cambio newspaper and ABI have no mechanisms for public participation. There is no way to comment on the news, and except for publishing institutional email addresses on their Websites, they have no specific channels for interaction with the public. 60 Villegas, 2011b. 66 Media as a platform for democratic discourse Category 3 3.6.2 Public involvement in appointments to the governing body There is no public participation in appointments of Communication Ministry’s authorities (see sub-Indicator 3.5.2). DIMENSION C: MEDIA SELF-REGULATION 3.7 PRINT AND BROADCAST MEDIA HAVE EFFECTIVE MECHANISMS OF SELF-REGULATION 3.7.1 Media organizations have clear codes of ethics, and sound editorial guidelines There are journalists’ associations and union organizations that have clear, well- grounded codes of ethics. The National Council of Journalist Ethics (CNÉP) is a self-regulation institution created by the entities (National Association of Bolivian Journalists – ANPB; Bolivian Broadcasting Association – ASBORA; Journalists Trade Union - CSTPB; World Community Radio Station Association –AMARC in Bolivia; Bolivian Communication Researchers – ABOIC; La Paz Journalists Association, APLP) grouping journalists, communication researchers, directors and owners of communication media in Bolivia. The National Journalist Ethics Tribunal (TNÉP) is that Council’s reason for existing. It comprises three journalists and two attorneys67. It has its own regulations and is governed by the National Code of Journalism Ethics, governing all media workers. The Union Confederation of Bolivian Press Workers (CSTPB), although it belongs to CNÉP and is governed by the norms of self-regulation, also has its own Code of Ethics. Moreover, the National Press Association (ANP owners of printed media) also has its Code of Ethics, governing journalists from media belonging to that organization. That Code also governs the Tribunal of Ethical Self-regulation (TAE) of the ANP, comprising two attorneys and three journalists68. Marco Antonio Dipp said that the media belonging to that organization “accept the work of the TAE and apply its rulings without any option for appeal”. Individual media, aside from exceptional cases such as El Deber Santa Cruz and Página Siete newspaper in La Paz, have no explicit, well-grounded editorial guidelines. 3.7.2 Codes are actively discussed journalists and regularly TNÉP distributes, at all its departmental events, the National Code of Journalism Ethics, which is available on their Website (www.cnepbolivia.com). The ANP’s TAE distributes its ethical code and rulings on their Website (www.anpbolivia.com). CSTPB has published “Legislation and Principles of Journalism”, which brings together the legal and ethical framework of journalism, with the National Code of Journalism Ethics, the Journalist’s Ethical Code, the CSTPB Code of Ethics and the General By-laws of Journalism. TNÉP is comprised by journalists Alberto Bailey-Gutiérrez, María Eugenia Verástegui-Alarcón and Marcelo Guardia and by two attorneys: Former President of Bolivia and of the Supreme Court of Justice, Eduardo Rodríguez, and former Ombudsman, Waldo Albarracín. 68 In 2012, this tribunal was comprised by the former President of the Supreme Court of Justice, Armando Villafuerte, and the former President of the Tribunal Constitutional, Willman Durán, in addition to three journalists who won the National Journalism Prize: Alberto Zuazo, Jaime Humérez and Harold Olmos. 67 61 Category 3 Media as a platform for democratic discourse 3.7.3 At the industry level, systems exist for hearing public complaints about alleged violations of ethical standards TNÉP is one of the self-regulation mechanisms receiving complaints about violations of the National Code of Journalism Ethics, its jurisdiction is national and reaches the written, radio and television media throughout the national territory. It has operated since February 2010 and to date has heard 24 cases, according to statements by María Eugenia Verástegui, a member of that Court. The ANP’s Ethics Court (TAE) has the main function of judging ethical infractions noted in the 24 print media associated with the ANP. It has operated since October 2009 and its Website shows eight cases resolved. Dipp said that “the persons affected by a publication must bring a personal complaint or send it by certified mail, within 90 days of the publication of the allegedly unethical action, to the ANP offices in La Paz. All background and/or proof must be included, showing the reason for the complaint to substantiate the allegation and what it attempts to demonstrate. Further, APLP and CSTPB have their own courts of honor. The CSTPB By-Laws establish, in Article 69, that “the National Tribunal of Honor is a judicial body with competent, autonomous, permanent jurisdiction to judge defendants accused of infringing the Declaration of Principles, General By-laws, and other instruments governing the organization, democratically determined resolutions and for anti-union behavior”. The resolutions and rulings of the above courts cannot enforce punishments and have no coercive force to be actually enforced. 3.7.4 Self-regulatory bodies and news ombudsmen are independent of government and commercial interests TNÉP69 is independent, without backing, sponsorship or relations with the incumbent government or with any political force whatsoever. It is governed by regulations and bases its decisions on the CPE and on international agreements in this area. Its members work ad honorem. Marco Antonio Dipp said that ANP’s TAE maintains “independence of opinion and of analysis by all members drawn in representation of the member entities, to be able to issue impartial, reliable rulings for the reading public”. 3.8 MEDIA DISPLAYS A CULTURE OF SELF-REGULATION 3.8.1 Independent journalist associations exist and disseminate good practice There is a National Journalists Association of Bolivia and departmental associations in La Paz, Oruro, Sucre, Chuquisaca, Santa Cruz, Potosí and Cochabamba. The Journalists Association of La Paz is the most active and has been promoting activities by the Foundation for Journalism, since 2010, promoting training and disseminating good practices. 3.8.2 Media organizations are responsive to their audience, e.g., with channels for public complaints, and the right of rebuttal Some private newspapers have the Letters to the Editor section. Five out of 19 Bolivian daily newspapers (26%) have such participation openings (El Diario, La Razón, El Deber, El Alteño and Correo del Sur). On radio and television, such 62 The Embassy of the Republic Federal of Germany, the Latin American Institute of Social Research (FES-ILDIS), the Bolivian Foundation for Multi-Party Democracy (FBDM) and Idea International all back and support the activities of CNÉP continually. 69 Media as a platform for democratic discourse Category 3 mechanisms are not frequent. El Deber newspaper, of Santa Cruz, has had a readers’ ombudsman up to two years ago, when this service became inactive. 3.8.3 Self-regulatory bodies engage with CSOs and wider public and have socially diverse membership TNÉP interacts with the citizenry in so-called public hearings carried out in different departments of the country, attended by representatives of societal organizations, media directors and journalists. To date, hearings have been held in the nine department capitals, in El Alto and Quillacollo. Its membership, as indicated, includes journalists and related sectors. 3.8.4 Journalists or media organizations do not routinely practice self-censorship In the survey to journalists in La Paz, Cochabamba, Santa Cruz and El Alto, 36% admitted to having self-censored at some point70. According to statements by the press director of Cambio newspaper, Mauricio Carrasco, there is self-censorship in the private and government media, since journalists must adapt to the media outlet’s editorial line to work there, due to various factors, without any need for direct interference by their bosses or editors. He feels that private media’s interests are different from government media’s, but that private-sector journalists self-censure almost the same as in State media. Further, a recent survey by ANP showed 47% of journalists queried admitted that they self-censor out of fear of the penalties established both in the Law against Discrimination and in the Electoral Regime71. DIMENSION D: REQUIREMENTS FOR JUSTICE AND IMPARTIALITY 3.9 EFFECTIVE BROADCASTING CODE SETTING OUT REQUIREMENTS FOR FAIRNESS AND IMPARTIALITY 3.9.1 The Broadcasting Code sets out requirements for a private broadcasting license According to the General By-laws for Bolivian Journalists (D.S. Nº 20225, 9/05/1984) among a journalist’s obligations are to be truthful, honest and equanimous in practicing their profession, as well as observing respect for ethical standards in performing their functions, with the obligation to substantiate information they disseminate with reliable testimonies supporting their accuracy” and not to adulterate or conceal news data to the detriment of the truth or collective interest”. Notwithstanding, these provisions are not related with requirements for the media to maintain their operating licenses. Hurtado, 2009: 199. Página Siete, 15/02/2013:3). 70 71 63 Category 3 Media as a platform for democratic discourse 3.9.2 Regulations to ensure respect for the principles of fairness, balance and impartiality during elections, e.g., allocation of air time to candidates, reporting of opinion polls, quotas for political advertising, party election broadcasts, prevention of undue coverage of public authorities as prescribed in the national electoral code The Electoral Regime Law sets the standards, first of all in its Chapter V, governing advertising for election of Judicial Authorities and Pluri-National Constitutional Tribunal members, and then, from Article 110 through Article 126, electoral advertising for elections in general (presidential, for governors, mayors, referenda and impeachment proceedings). Although Article 82 of this law was amended72, it still prohibits campaigning or advertising for or against any candidate, using any communications media outlet, including Internet and mass cell-phone text messaging (see sub-indicators 1.10.1 and 1.10.2). Article 119 of the Electoral Law, in paragraph I, prohibits electoral advertising anonymously, encouraging voter abstention, offending public sensibility, honor, dignity or privacy of candidates or of the citizenry at large; promoting violence, or discrimination; entailing offers of money or advantages; using religious symbols and/or references, national symbols or images of leaders of other countries, or symbols, colors, slogans, marches, images or photographs of other political organizations or candidacies; directly using images of children, or pictures of public works completed, goods, services, programs or projects; using results and data from opinion studies for electoral purposes or using symbols of the Pluri-National State. Paragraph II of that article prohibits any governmental advertising starting thirty (30) days before, until eight p.m. (20:00 hours) on the day of elections, and paragraph III states that the prohibitions established in this article are also applicable to interactive media, particularly Internet and mass cell-phone text messaging, the use of which will be subject to fines, penalties and criminal-law liability pursuant to this Law (see sub-indicators 1.10.1 and 1.10.2). Article 122 of that same norm prohibits and penalizes the candidates for the Pluri-National Electoral Body, from the time when they register, from directing programs or disseminating media opinion columns, or else they will be disqualified. It specifically prohibits the communications media, starting forty-eight (48) hours before the election day until six p.m. (18:00 hours) on the day of voting, from broadcasting advertising, information or opinions favoring or harming any candidate or influencing citizens’ electoral preferences (see sub-Indicator 1.10.1). The regulations of the “special advertising regime” for judicial elections establish the obligation for the media to interview all candidates under equal conditions and subject to a questionnaire pre-defined by the Electoral Body. 3.9.3 The Code does not compromise the media’s editorial independence, e.g., by imposing a system of prior censorship The Constitution and laws in effect regarding media work establishes in general guarantees for freedom of speech and absence of prior censorship. Articles 80 to 84 of the Electoral Law, in fact, impose prior censorship to prevent broadcasting of certain contents such as indicating specifically the nature of information that the media can broadcast, which is considered a manifestation of prior censorship. The amendment to Article 82 of the Electoral Regime Law, enacted on 27 May 2011, repeals the prohibition set forth in the Law, according to which candidates could not be interviewed by the media or express their opinion in “public forums, gatherings or others of a similar nature” and the media could not disseminate documents other than those produced by the Electoral Body, or refer to candidates in positive or negative terms. 72 64 Media as a platform for democratic discourse Category 3 Therefore, most media preferred not to interview candidates for judicial elections in October 2010 and several others – particularly newspapers – decided to block or control their comment spaces in the blogs accompanying their electronic editions. 3.9.4 Compliance with international standards The IHRC Report (2011) stated that the crime of slandering the State, established in Bolivia, violates the principle of justice and impartiality. On 24 October 2012, the Pluri-national Constitutional Tribunal declared the crime of slandering the State unconstitutional and eliminated it from the Criminal-law Code73 because it was considered unconstitutional and unfair. 3.10 EFFECTIVE ENFORCEMENT OF BROADCASTING CODE 3.10.1 Breaches of the code are investigated and proportionate sanctions are applied Eighty-seven years after enactment of the Press Law, there has been only one case in which a judgment has been issued: on 20 January 2004, 79 years after the law was enacted, the Press Jury of Cochabamba unanimously acquitted Marco Carrillo-Fuentes, editor of the Los Tiempos newspaper, of all blame (although with a fine of Bs. 400). Luis Moreno, former Director of Public Shows of that city’s municipality, had accused Carrillo of defamation and slander through several publications, in which the journalist linked the official with trafficking in children and acts of corruption to favor the houses of prostitution he owns74. In broadcasting, the ATT has confiscated equipment from several radio stations it judged to be “clandestine” and to be interfering with other stations’ signals. 3.10.2 Proper system for dealing with public complaints There is no formalized public or private system to deal with complaints by the public. The Líder Group of newspapers created, in May 2003, the office of the Readers’ Ombudsman, as a mechanism to channel complaints and suggestions from readers of the eight newspapers comprising that group, but this initiative ended in September 2006. Regarding complaints about technical issues in broadcasting and telecommunications services (especially cellular telephony), Clifford Paravicini, ATT Director, stated that the ATT has a “relatively efficient” system. Article 162 of the Criminal-law Code stated that a person committed the crime of slandering the State when, by any means, they slandered or defamed a public official in performance of his/her duties. In such an infraction, the “punishment will be deprivation of freedom for one month to two years”, and the norm would be even stricter in the event that the official were the President or Vice President, ministers of Estado, of the Supreme Court or Assembly members. 74 Los Tiempos, 21/01/2004). 73 65 Category 3 Media as a platform for democratic discourse 3.10.3 Regulation enforced with due regard to editorial freedom and independence. (See sub-indicators 3.9.3 and 3.10.1). DIMENSION E: LEVELS OF PUBLIC TRUST AND CONFIDENCE IN THE MEDIA 3.11 THE PUBLIC DISPLAYS HIGH LEVELS OF TRUST AND CONFIDENCE IN THE MEDIA 3.11.1 Perception that the media reports on issues of real concern to the people Research suggests that high citizen trust in the media, characteristic up through the 1990s, has eroded, and that people demand for the media to address other issues and to give the public more room. In the poll called “The citizenry has spoken” 75 over half the citizens surveyed in La Paz, El Alto, Cochabamba and Santa Cruz (54.3%) recognized journalists’ work as a fundamental service to society, but questioned other aspects such as professionalism and impartiality”. In that same study, citizens’ satisfaction with the news broadcast by the media was rated at 4.37 on a scale of 1 to 7. In another poll called “Citizen Agenda 2010”, people suggests that media had to respect ethics and should include educative contents for society and include rural area information in its contents76. 3.11.2 Satisfaction with the balance between local and national news and information There is no accurate information on this subject. However, according to monitoring by ONADEM, local information is less present in the print media with the largest circulation and on national radio and television networks. Consequently, local media give more space to local information. The agenda of the media in the main cities (the “axis”: La Paz, Cochabamba and Santa Cruz) as opposed to the agenda of more local media (Beni, Potosí, Sucre, Oruro and Tarija) was contradictory, but a “central agenda” prevailed, nuanced by political, economic and social conflicts which eclipsed the holistic intercultural vision as a country77. 3.11.3 Perception that journalists and media organizations have integrity and are not corrupt Journalists’ professionalism, their responsibility when reporting news and their handling of truth were rated at an average of 47% dissatisfaction and 42% satisfaction78. According to a 2011 study of “Power and Pleasure” magazine79, 68% of the population living in the main cities consider that the press is the country’s most credible institution. 66% feel the Catholic Church has the most reliable image. The police are at the bottom of the reliability scale (28%), with the government (26%) and the judicial system (18%)80. 77 78 79 Poma, 2009:33 Mejía, 2011: 31. Villegas, 2011: 10. Poma, 2009:33. Survey conducted with 800 persons in Santa Cruz, La Paz, El Alto and Cochabamba, during the last week of November and published by Poder y Placer magazine. 80 El Deber on-line, 19/12/2011. 75 76 66 Media as a platform for democratic discourse Category 3 3.11.4 News reporting is fair and impartial Several studies show that “people feel that most communications media newscasts are subservient to political party and business interests”81 and that “most citizens in La Paz, El Alto, Cochabamba and Santa Cruz value the function and service provided by journalism, but feel dissatisfied with the way that journalists do their work and demand more professionalism, responsibility, impartiality and honesty from them”82. “Citizens feel the most unsatisfactory, deficient professional component of journalism is impartiality, since over half of those surveyed (59%) expressed their dissatisfaction and observed the lack of that aspect” (34). Most people said that the media have “lost credibility”, “impartiality” and “objectiveness”, so “they can be only half believed, depending on the political leaning of their owners”83. In February 2010, a survey sponsored by the European Union and the Carter Center in La Paz and Santa Cruz established that media impartiality was rated as only fair, at 33.4%. 3.11.5 High citizen participation in media as shown by: participation in spaces devoted to readers’ comments in newspapers, etc. People’s participation “in newscasts is almost non-existent, except when the information is complemented by opinion polls, especially on television” and “game shows, youth programs and variety shows are the most open to citizen participation”84. The study concludes that “public participation is greater in journalistic and non-journalistic television programs (76%) than on radio (38%) or in the press (28%) because text messages and social networks such as Facebook are used”. 3.12 MEDIA ORGANISATIONS ARE RESPONSIVE TO PUBLIC PERCEPTIONS OF THEIR WORK 3.12.1 Media organizations make efforts to know more about their audience and the perceptions of quality and the cultural diversity of their programs and their news The country’s main media do not conduct or engage audience studies, although some of the national television networks do engage bi-monthly or quarterly ratings studies by several specialist companies for commercial reasons. 3.12.2 Media organizations offer channels for audience engagement – phone-ins, debates, citizen reporting Citizen participation is greater on television than in radio or newspapers. However, in general “television programs do not include audience presence in studios (76%), but virtual, canned audience participation is included by opinion polls on the street and using new technologies (especially text messages and messages on social networks. On radio, most of the 32 programs on the three national networks include some modality of audience participation: call-ins (38%), 83 84 81 82 Poma, 2007:8 Poma, 2009:31. Murillo and Mejía, 2011: 6. Villegas, 2011b. In December 2011, five national television networks were analyzed (ATB, UNITEL, PAT, Cadena A, Bolivia TV, Bolivisión) and a total of 79 television programs, as well as three national radio networks (ERBOL, Panamericana and Patria Nueva) with 32 programs and 18 daily newspapers with national readership. 67 Category 3 Media as a platform for democratic discourse opinion polls (16%), email (16%) and others. In newspapers, 28% (El Diario, La Razón, El Deber, El Alteño and Correo del Sur) publish spaces for readers to share their concerns and comments85. 3.12.3 Media organizations establish internal audit mechanisms to guarantee transparency and accountability There are no known established media accountability practices, or known mechanisms to ensure their transparency, except for tax declarations or performance of corporate obligations toward their workers that media organizations have to do for the corresponding authorities. 3.12.4 Community-based mechanisms for evaluating community media There are no mechanisms to evaluate community media. Except for technical regulation by ATT, there are no ways to evaluate community media or Indigenous Radio Stations (RPOs)86 systematically. DIMENSION F: SAFETY OF JOURNALISTS 3.13 JOURNALISTS, ASSOCIATED MEDIA PERSONNEL AND MEDIA ORGANISATIONS CAN PRACTICE THEIR PROFESSION IN SAFETY 3.13.1 Journalists and associated media personnel are not subject to threats, harassment or surveillance ONADEM registered, from October 2007 to September 2011, an average of 10 aggressions monthly against journalists or media facilities or vehicles. All union leaders interviewed, representing 13 capital and medium cities, stated that journalists from the country’s different regions do suffer from physical and verbal aggression constantly. Ramiro Echazú, the top leader of CSTPB, said that journalists feel quite un-protected by the Public Ministry and by the judicial system in general, which are unable to punish those who carry out or plan and motivate physical and verbal violence and even murder journalists. Víctor Hugo Centeno, Press Trade Union President in Beni, stated that aggression is mainly by the police and by societal movements. Centeno stated that societal movements often pressure, threaten and force journalists to cover them. 3.13.2 Journalists and associated media personnel are not physically attacked, unlawfully detained or killed as a result of pursuing their legitimate activities News coverage of high-conflict political situations is very complicated for journalists in Bolivia. Aggression against journalists and media from 2007 to 2011 involved coverage of news in situations of mobilization and social protest. Complaints by journalists against police doubled this last year, while certain public officials and Ibid. Indigenous Radio Stations (RPOs) report, as do the other State media, to the DGME, Ministry of Communication, so, according to AMARC Bolivia, they are not community media economically and politically independent from governmental interests. 85 86 68 Media as a platform for democratic discourse Category 3 members of the Judicial Branch continued publicly with verbal aggressions and preventing journalists’ work. Impunity remained the trend87. Physical aggressions by mobilized sectors during social protests against journalists in 2010 were 20%, and 17.7% in the four years of monitoring. Verbal aggression by several authorities toward journalists also continues. Further, on repeated occasions88, Morales and other lower-ranking officials have publicly mentioned a number of media as opposition to the national government. The journalists receiving the most aggression were from television, with 53% of the cases. In many cases they were persecuted to force them to turn over the pictures they had taken. There are also anonymous, violent acts of aggression that have not been cleared up, such as the deaths of two journalists in 2010, one in La Paz and the other in El Alto. In 2008 there were five cases of such violent actions, this doubled in 2009, and in 2010 seven such attacks were perpetrated by alleged criminals. These attacks mostly remain unresolved89. 3.13.3 Media organizations are not forced to close down as a result of pursuing their legitimate activities, or threatened with closure There have been no recent such cases. The last one happened in 1988, when Víctor Paz-Estensoro, President of Bolivia at the time, closed RTP television because of an interview it broadcast with the “king of cocaine”, Roberto Suárez, who incriminated the President90. 3.13.4 Crimes against journalists are prosecuted and there is no climate of impunity There are few convictions and impunity prevails for aggressors. Complaints are generally done publicly with union organizations and federations (90%), and only 10% reached the judicial or police systems in 2010 (247). Most cases denounced have not been resolved. In the last four years, “only two accused aggressors against journalists have been sent to jail, although they are now free again, through measures to substitute for imprisonment”, one in La Paz and the other in Santa Cruz91. 3.13.5 Media organizations have policies for protecting the health and safety of their staff According to the ONADEM report on aggression against journalists, “unfair dismissals, obstacles to forming unions within companies, increasingly precarious working conditions, lack of medical insurance, life insurance or job stability, among other shortcomings, are internal attacks every day against many journalists in Bolivia”92. 89 90 Sandoval, 2011:239. Los Tiempos on-line, 20/03/2011; La Patria on-line, 20/03/2011. Sandoval, 2011:244. The authorities at the time felt that the interview was a justification of crime and disrespectful for Paz. The closure was rejected by press organizations and by the audience who received great benefits from the channel’s social services. There was such a commotion that the radio was not only reopened but the Director of RTP, Carlos Palenque, founded and led Condepa, a new political party (Lupe Cajías in La Patria on-line, 08/10/2010). 91 One of them is policeman David Leytón-Alborta, who dressed as a civilian and attacked a journalist in Santa Cruz. After two months in jail, he was released on the basis of substitute measures and guarantees. Other policemen were also dismissed during that period, after proving that they had used physical violence against journalists. In La Paz, activist Adolfo Cerrudo remains in conditional freedom, after a short period of having been imprisoned. Cerrudo was filmed repeatedly hitting journalists while they were covering news and was even accused of threatening to rape and lynch a female journalist (Sandoval, 2011:248). 92 Sandoval, 2011:247. 87 88 69 Category 3 Media as a platform for democratic discourse 3.13.6. Measures of social protection are available to all staff, including temporary and freelance employees Some survey respondents said that “even though they have a contract they have not received transport bonuses from their company, they don’t know if they have social security or life insurance that — in some cases — they were promised or are not even being paid according to their contract”. Regarding employee benefits, that study stated that “most journalists surveyed said they have all legal benefits, but in some cases they also said that they didn’t know or that “they told them they did, but they could not be sure”. Such benefits include a day of rest once a week, contributions to pension funds and social security, paid vacations and payment of the transport bonus” 93. Interviews with union leaders in CSTPB representing 13 capital and medium cities showed that most journalists do not have medical or life insurance to protect them, or have the employee benefits to which they are entitled. Contributions to Management of Retirement Funds Agencies (AFP)94 are mostly done by journalists in large media and in large cities (La Paz and Santa Cruz), although several media did withhold these contributions from their personnel but did not make the corresponding payments to their retirement funds. One large problem is that many journalists are forced by the media to work as “freelancers”, as stated by Víctor Hugo Centeno: in Beni “they do not hire people to work for a salary, but force them to pay themselves as freelancers, finding their own advertisers, to pay them” and consequently these communicators are even more unprotected than actual employees. This same situation was described by most union leaders in the interior of the country. 3.14 MEDIA PRACTICE IS NOT HARMED BY A CLIMATE OF INSECURITY 3.14.1 Journalists do not routinely self-censor because of fear of punishment, harassment or attack As already discussed, there are circumstances in which journalists self-censor, out of fear of losing their job or external intimidation by interests affected by the information published (see sub-Indicator 3.8.4). 3.14.2 Confidentiality of sources is protected in law and respected in practice “Press secrecy” is guaranteed in Bolivia by the Press Law, in Article 8. However, there are many cases in which journalists have been sued judicially, even as “witnesses” of certain situations, and have been required to reveal their information sources. However, according to the press leaders interviewed, so far they have been able to wield their right to keep their sources confidential, despite pressures from judicial authorities. RECOMMENDATIONS CATEGORY 3 DIMENSION A: MEDIA REFLECTS DIVERSITY OF SOCIETY - Open more spaces in the media in general to more thoroughly reflect the country’s language, cultural, social and political plurality. Hurtado, 2009: 197 – 198. Legally mandatory for all workers, including independent workers, since 2011. 93 94 70 Media as a platform for democratic discourse Category 3 - Channel, in State media, the expressions and interests of vulnerable sectors and groups that do not always have room in the other types of media. - Encourage representation with dignity of women in the contents of newscasts and equitable participation by female journalists in news production and presentation and in media and sector organization management. DIMENSION B: PUBLIC SERVICE BROADCASTING MODEL - Establish an independent entity, with citizen participation, responsible for managing State media to guarantee their editorial autonomy, their un-conditioned funding and the use of their resources to benefit public interest. DIMENSION C: MEDIA SELF-REGULATION - Promote, in journalist federations and the media, knowledge and application, by journalists, sources, advertisers and the public at large, of ethical standards to obtain, process and publish information. - Establish, in the different types of media, quick-moving, efficient, credible mechanisms to address complaints by the public, able to offer relevant, timely responses. - Enhance the performance of self-regulation mechanisms so that, in addition to becoming broadly well-known, they can effectively help overcome unethical conduct in journalism. - Create conditions, through State and media action, to eliminate all practice of self-censorship by journalists. DIMENSION D: REQUIREMENTS FOR FAIRNESS AND IMPARTIALITY - Make sure that the Government transparently applies the new norms for audiovisual media, particularly regarding redistribution of the broadcasting spectrum’s frequencies. This also entails enabling the societal oversight mechanisms set forth in the Telecommunications Law. DIMENSION E: LEVELS OF PUBLIC TRUST AND CONFIDENCE IN THE MEDIA - Encourage professional development practices in the media and journalist federations that will contribute to improving public perception of the quality of information and overall performance of the media and journalists. - Encourage media trade unions to establish mechanisms to make their work transparent to the public. DIMENSION F: SAFETY OF JOURNALISTS - The State and the media establish policies to guarantee the safety of journalists, and of media facilities and equipment. - Guarantee efficient Government investigation of crimes against journalists, as well as transparently administering justice in such cases. 71 Category 4 Professional capacity building and supporting institutions that underpin freedom of expression, pluralism and diversity DIMENSION A: AVAILABILITY OF PROFESSIONAL MEDIA TRAINING 4.1 Media professionals can access training appropriate to their needs 4.1.1 Qualification programs for journalists exist There are no Journalism degrees at the Bachelor’s level. According to studies by ONADEM, Journalism is not an area of knowledge emphasized by universities or, apparently, required by students. Journalism occupies a secondary position in degree programs, with little specialty training and scanty offering of post-graduate courses. Only four of the 44 degree programs95 in Communication and Public Relations in Bolivia are oriented toward Journalism. The rest have no particular emphasis on Journalism or do focus on other fields. There are only two Journalism programs in Bolivia at the Associate degree level: one by the Siglo XX National University in Potosí (Llallagua), as distance study, and the other at San Francisco de Asís University in La Paz. The Journalism program began in Potosí in 2007 experimentally, to provide professional training for journalists who were just self-taught. The study found that the post-graduate study available in Journalism is practically non-existent and sporadic, which makes it difficult for journalists to specialize academically in their areas of interest. It also found that the scarcity of such programs is for several reasons, including that universities do not get sufficient interest from students to open such a course, and that journalists’ salaries, work routine and lifestyle prevent them from engaging in post-graduate studies. For different reasons (the small job market, too few students, etc.) most universities that teach Communication have chosen not to offer specialized courses but generalist ones. 4.1.2 Training programs offered by a spectrum of providers – domestic and external There are training programs offered by Bolivian and foreign entities, and by international cooperation alliances in Bolivia. In other cases, there are purely international options. The latter, in English, probably would pose the language constraint in addition to costs. Nevertheless, their availability on-line facilitates access. Communication Careers Association (ABOCCS) has a cooperation agreement with UNESCO to implement a Master’s program in Journalism about People, in partnership with Bolivian Evangelical University (UEB). Programs by the Foundation for Journalism and by Support Program for Municipal Democracy (PADEM) receive funding from Swiss Steinbach y Colanzi, 2009:203 – 208. 95 75 Category 4 Professional capacity building and supporting institutions that underpin freedom of expression, pluralism and diversity Cooperation through Swiss Worker Action (AOS) and the Swiss Agency for Development and Cooperation96. Further, KAS and the Ebert Stiftung Foundation (FES) have activities funded by Germany’s Ministry of Economic and Development Cooperation (BMZ). The Carter Center works in Bolivia with the Program to Strengthen the Practice of Journalism to Promote Stability and Peace in Bolivia. They have held a series of ongoing workshops to update and build the skills of journalists. Other training programs for journalists offered by different international sources that are accessible include: Knight Foundation97 (USA), Press Freedom 2.0 (Holland), Group Clarín (Argentina, with the Foundation for Journalism). There are also scholarships for training in Germany (sponsored by various foundations), Holland (Radio Nederland), and BBC World Trust. Finally, there are on-line courses offered by Poynter98 and the Knight Foundation. 4.1.3 Opportunities for qualified journalists at all levels to upgrade their skills and essential disciplinary knowledge Most media representatives interviewed for this study agreed that the availability of academic training to perfect journalists’ essential skills and knowledge is still quite narrow and in some regions – away from the country’s main population centers – is practically non-existent. Out of a sampling of 764 journalists, equivalent to an average of 78% of those working in La Paz, El Alto, Cochabamba and Santa Cruz de la Sierra, most said they had studied Communication and over 50% said they had received extra training sponsored by their media company. The data also showed that they are professionals in Communication but not necessarily in Journalism as a specialty99. In state media, the Cambio newspaper, Bolivia TV and State Radio Network Patria Nueva have supported journalists’ training. Further, organized journalist federations such as CSTPB, APLP, ANP, ANPB and ASBORA have said they organize activities for their members through courses, workshops and seminars, fundamentally to address and discuss the country’s political issues, freedom of speech, democracy and to promote reflection and debate on topics of interest to journalists. These claims contrast with those of the union leader of CSTPB and by some private media representatives who feel the academic options are still scanty and not always easy to access. 4.1.4 Opportunities for regional and international exchanges and programs Opportunities for regional and international exchanges for Bolivian journalists are taken only by a small percentage of them who manage to access such offers. Their working conditions (salary, turnover, workload, language – relevant to international opportunities) and journalists’ geographical location away from the main cities all limit their participation in this type of activities. 98 99 96 97 76 See http://www.cooperacion-suiza.admin.ch/bolivia/es/Pagina_principal See http://www.knightfoundation.org/about/ See http://about.poynter.org/about-us/mission-history Hurtado, 2009:196. Professional capacity building and supporting institutions that underpin freedom of expression, pluralism and diversity Category 4 4.1.5 Support for journalists who need to specialize in specific subject areas Reality reveals a considerable disadvantage for those who, because of their geographical location, limited economic resources, and in many cases, not much backing by their media owners, cannot access training to improve their knowledge. Support for journalists who need to specialize in specific fields requires commitment from media owners and willingness of journalists to attend learning events. As for federations, the Presidents of ANP and ANPB agreed that journalism companies do help their journalists get training, but this is not a generalization. Of course there are other media that condition such support for their workers in different ways. 4.1.6 Training in Information and Communication Technologies (ICTs) skills Private broadcast and print media that were interviewed, due to the “explosion” of these technologies, are paying more attention to this area, above all using them to enable audience interaction with the media and vice versa. However, regarding training, self-taught use of the most commonly used ICTs in this field (social networks, multimedia and email) has not required specific training, since many journalists with Internet access (especially in the main cities) are exposed to them and have learned to use them, either through their own initiative, by taking courses or self-taught. For federations, the President of ANP, Marco Antonio Dipp, said that media journalists in that organization have access to ICTs because all member companies have Websites and use multiple delivery modes in social networks such as Facebook and Twitter to interact and communicate with their readers. Moreover, the President of ANPB, Ronald Grebe, and the Executive Secretary of CSTPB, Ramiro Echazú, said they had not done any training specifically on ICTs. There is practically no training on ICTs for journalists in State media. Cambio newspaper uses virtual platforms through their Website and their social networks (Facebook and Twitter), but according to Editor-General, Mauricio Carrasco, these technologies are not fully utilized compared to other media because they are relatively small (about 25 journalists) so none of them is full-time to manage ICTs. Additionally, Cambio does not have staff specializing in uploading to such multiple platforms. In Bolivia there are severe limitations on connectivity. One of the main restrictions on access to ICTs involves the cost of Internet service. Bolivia has the highest costs and the lowest quality in this region. This is because the service is purchased through intermediaries, which increases costs, according to the Executive Coordinator of the TIC Bolivia Network, Fidel Álvarez. 4.1.7 Opportunities for journalists to access distance learning There are few experiences with distance education for journalists. This shortcoming (according to the President of ABOCCS up to 2011, Martha Paz) is not necessarily due to a lack of academic offerings, but to incipient adaptation in Bolivia to this learning modality of distance learning. According to sub-indicators 4.1.3, 4.1.4 and 4.1.5, there are a number of barriers for journalists to access training. Specifically for distance learning, there are also economic factors, access to Internet, often conditioned on support by media owners and limited because there is little information about available academic offerings. Further, there is the language barrier for access to virtual courses in foreign languages, mainly in English. 77 Category 4 Professional capacity building and supporting institutions that underpin freedom of expression, pluralism and diversity 4.1.8 Training physically accessible to all journalists (e.g., not solely concentrated in urban centers) The Executive Secretary of CSTPB said that training for journalists faces a number of difficulties, above all for those working outside the country’s main cities (La Paz, Cochabamba and Santa Cruz). The representatives interviewed from Bolivia’s press worker Federations and Unions who work outside the main cities agreed with this statement by the Executive Secretary. ANP organizes infrequent roving courses in different cities of Bolivia, facilitating transport for participants from different regions to attend these activities. Gabriel René Moreno Autonomous University (UAGRM), San Pablo Bolivian Catholic University (UCB) and the Bolivian Broadcast Schools (ERBOL) offer coverage beyond the main central cities of Bolivia in a semi-distance modality. The Carter Center (see sub-Indicator 4.1.2) has held training workshops in the nine department capital cities and in El Alto, and in medium-sized cities such as Yacuiba, Rurrenabaque and Quillacollo. Another experience, in training for community and local radio stations, is by AMARC-Bolivia. 4.1.9. Training courses that combine production and training There are diverse organizations and schools providing training in this type of modality combining production and training, such as, for example, the Carter Center, the Foundation for Journalism, Support Program for Municipalities Democracy (PADEM), Training Service of Development Broadcast (SECRAD) from San Pablo Bolivian Catholic University, the Gregoria Apaza Center to Promote Women100 and the Wayna Tambo Foundation of El Alto101. As a federation, ANP organizes training courses on topics regarding journalists’ work, ethics, regulation and defending the freedoms of expression, information, and others. Others include the ERBOL network and Radio Deseo 103.3, depending on “Women Creating102 their own experiences, and creativity for broadcasting. 4.1.10. Training uses local languages and appropriate technology Journalist organizations such as ANP, ANPB and CSTPB give training activities in Spanish, mainly in department capital cities and medium-sized cities where most people speak Spanish. In government media, Iván Maldonado of the Patria Nueva Network said that they took classes in native language Aymara pursuant to the CPE for public servants (it is mandatory to speak some native language in addition to Spanish). However, this activity did not progress because the radio station’s programming is in Spanish. Some journalists interviewed for the study said that some training courses provide computers and Internet access but others require each participant to take their own laptop or other resources such as cameras, audio recorders, etc. These statements cannot be generalized because there are few options for practical courses in Bolivia103. See http://www.gregorias.org.bo/index.php The training workshops on communication are economically supported by the Rosa Luxemburg Foundation. See http://www.rosalux.org.ec/es/component/ content/article/88-wayna-tambo-red-de-la-diversidad 102 See: http://www.mujerescreando.org/ 103 Tuffí Aré of El Deber in Santa Cruz and Ana María Tineo of La Palabra in Beni. 100 101 78 Professional capacity building and supporting institutions that underpin freedom of expression, pluralism and diversity Category 4 4.1.11. Training material is accessible and available in local languages Some journalists outside the main cities feel that training material accessible to them is generally offered in training courses they participate in, but otherwise is not readily obtained. On the contrary, journalists in the main cities do have access to training materials. There are also resources to be found on Internet. Further, institutions offering distance and on-campus training generally provide hard-copy and digital materials, mainly in Spanish. 4.1.12. Training accessible to women and marginalized groups Training in federations is open both to women and to males. However, the number of women practicing journalism is considerably lower than for men. Training available (courses, workshops, specialty training, diploma programs, master’s programs and others) is provided in Bolivia without any distinction between men and women, on different topics. There is nothing specifically about gender and journalism or gender and communication, to enhance female participation. 4.1.13. Training programs are adequately evaluated by their participants ANP and ANPB journalist federations encourage evaluation of their training activities at the end of each. In most cases, evaluation criteria involve course implementation, contents and instructors’ performance. The Foundation for Journalism, aside from evaluating course contents and teacher performance, also elicits participants’ opinions about course administration. SECRAD makes evaluation a component of all training events. The Erboleduca Higher Education Institute (see sub-Indicator 4.1.1) has a broad evaluation instrument for teachers and students to evaluate their training, learning and performance, including self-evaluation. Other examples of programs with evaluation are provided by the Radio School of the “Women Creating” movement (see sub-Indicator 4.1.9) and the Gregoria Apaza Women’s Promotion Center (see sub-Indicator 4.1.9). 4.1.14. Training covers building awareness of the need for good systems of management, transparency and dialogue between management and staff None of the organizations providing journalism training includes any topics on management systems, transparency, or dialogue between management and staff, because they primarily focus on training in journalism practice. 4.2. MEDIA MANAGERS, INCLUDING BUSINESS MANAGERS, CAN ACCESS TRAINING APPROPRIATE TO THEIR NEEDS 4.2.1.Training for managers of media companies In 2012, the Journalism Foundation began the first version of the Diploma program on Directing Media and Entertainment, combining management and leadership skills with a social and democratic vision of the media’s functions as a tool at the service of social progress (see sub-Indicator 4.1.1). It is the only recent initiative that has specifically addressed management issues for the media. 79 Category 4 Professional capacity building and supporting institutions that underpin freedom of expression, pluralism and diversity 4.2.2.Training in appropriate business skills including marketing, financial management The course on offer for media managers above includes elements of business. 4.2.3.Training programs accessible to women and marginalized groups See sub-Indicator 4.1.12. 4.3. TRAINING EQUIPS MEDIA PROFESSIONALS TO UNDERSTAND DEMOCRACY AND DEVELOPMENT 4.3.1.Training helps build awareness of media’s potential in fostering democracy and human rights The President of ANP, Marco Antonio Dipp, said that training by the Association impacts journalists’ work and defends their constitutional freedoms, including their human rights. Similarly, the President of ANPB, Ronald Grebe, said that training is given to build democracy and human rights. 4.3.2.Training equips journalists to report the perspectives of marginalized groups In Bolivia, there are organizations working for specific and/or vulnerable groups, including the National Children’s News Agency (ANNI Bolivia104) which is a Research and Information Program by the Young Bolivia Education and Communication Center (ECO JÓVENES). The main aim is to contribute to generating a journalism culture that will promote and defend the rights of children and adolescents in Bolivia. Its lines of action include training radio, TV and print journalists in a Children’s and Adolescents’ Rights approach, for all topics involving girls, boys and adolescents. 4.3.3.Training equips journalists with investigative reporting skills and related disciplinary knowledge Curricula place little emphasis on Investigative Journalism105. There is little available, either, in knowledge and capacities for investigative reporting on Internet, to write on virtual newspapers or to manage Websites or create blogs106. The Journalism subjects in Communication curricula reveal that, in the 22 academic programs analyzed, only 0.5% involved Investigative Journalism, and only 16% of the subjects taught is directly related with Journalism. The UNIR Bolivia Foundation and the Foundation for Journalism offer a Diploma Program in Investigative Journalism, two initiatives training for investigative reporting. 4.3.4.Training journalism ethics, risk awareness and first aid a) Journalistic Ethics. In a total of 22 academic programs analyzed, the subject of Communications Ethics, Deontology and Legislation occupies second place, with 16% among the subjects most present in these programs. Training courses given by ANP include journalistic ethics and CSTPB disseminates and promotes See http://www.ecojovenes.org/ANNIBolivia.php Steinbach & Colanzi, 2009: 2003 – 2008. 106 Sosa, 2009: 211 – 219. 104 105 80 Professional capacity building and supporting institutions that underpin freedom of expression, pluralism and diversity Category 4 the sector’s code of ethics among its membership. The National Council of Journalistic Ethics, finally, offers ongoing workshops nationwide on these issues. b) Risk awareness. There have been training initiatives in recent years – albeit sporadic – on topics of risk management and broadcasting hydro-meteorological information from Civil Defense and Disaster Prevention for the Andean Community, the United Nations Development Program and the National Meteorology and Hydrology Service, including both journalists and social communicators. Bolivia’s Police, through the Special Force to Combat Drug Traffic, organizes annual courses for anti-drug correspondents. There is also a virtual training platform open on risk management under Civil Defense “Educate Yourself about Risk Management”107. c) First aid. The Bolivian Red Cross has given training workshops on responding to situations of risk. Few federations of press workers said that their members had ever taken part in first aid instruction. And none of these federations has given such courses. DIMENSION B: AVAILABILITY OF ACADEMIC COURSES IN MEDIA PRACTICE 4.4. ACADEMIC COURSES ACCESSIBLE TO A WIDE RANGE OF STUDENTS 4.4.1.Universities and colleges offer undergraduate and post-graduate courses in journalism and other aspects of media Only four of the 44 degree programs in Communication and Public Relations in Bolivia are oriented toward Journalism. The rest have no particular emphasis on Journalism or do focus on other fields. (…) There is not one Bachelor’s degree exclusively on Journalism anywhere in Bolivia, which also shows something about the crisis that the profession of journalism is undergoing in this country. There are only two Journalism programs in Bolivia at the Associate degree level: one by the Siglo XX National University in Potosí (Llallagua), as distance study, and the other at San Francisco de Asís University in La Paz108. This shows that Bolivia has little opportunity to study Communication specializing in undergraduate training in Journalism. At the post-graduate level, there is the Master’s program in Journalism offered by the Bolivian Evangelical University in Santa Cruz de la Sierra under an agreement with UNESCO (see sub-Indicator 4.1.1). The academic offerings specializing in Journalism are so narrow in Bolivia that universities with Communication programs graduate professionals who are generalists and not specialized in this field; further, students show little interest or demand to be trained in this field. 4.4.2.Training materials and textbooks available in local languages The former President of ABOCCS, Martha Paz, says that there is a shortage of local textbooks. It would be ideal to have materials developed in Bolivia but there are none, much less in native languages. Bibliographic material that becomes available is generally in Spanish and from Spain or Argentina, which get to Bolivia several years after having been published, so students work not only with foreign material but it is dated. In this regard, the National Coordinator of the ERBOL network, Augusto Peña, said that they have Journalism training materials in different areas, such as writing, production and voice-over, among others, but they are from other countries. See: http://educate.defensacivil.gob.bo/ Steinbach and Colanzi. 2009: 2003-2008. 107 108 81 Category 4 Professional capacity building and supporting institutions that underpin freedom of expression, pluralism and diversity 4.4.3.Necessary training equipment / technical facilities, including access to ICTs, available in media training institutions Curricular designs are reviewed every 5 to 7 years, but the new technologies have not yet been formally included in several of them yet. Nevertheless, many professors have taken the initiative to include such topics in their own programs; there are some other private and new ICT training centers. At this time, these types of initiatives would be filling the formal gap in curricula of university degree programs in Communication. Curricula place slight emphasis on knowledge and use of information and communication technologies and are within the “weakest group of subjects in number and contents from a journalistic perspective”. As for the technical facilities and equipment required, ERBOL is probably one of the few institutions admitting to have the technical resources needed to offer their training activities. 4.5. ACADEMIC COURSES EQUIP STUDENTS WITH SKILLS AND KNOWLEDGE RELATED TO DEMOCRATIC DEVELOPMENT 4.5.1.Courses cover issues of media law, ethics, regulation and public policy Former President of ABOCCS, Martha Paz, said that in Bolivia, although ethics is part of the curricula in almost all universities teaching Communication / Journalism (see sub-Indicator 4.1.1), this “ethics is highly theoretical” so it is necessary to “work with applied ethics” using concrete examples from the country’s context and reality. The Executive Director of the Foundation for Journalism, Renán Estenssoro, said that, in view of the major gaps in journalist education, they are often unaware of the scope of the country’s norms and laws and even of the CPE. The National Coordinator of ERBOL, Augusto Peña, said that when the media were regulated in 2011 they organized activities to discuss this subject, since Bolivia was working on various normative efforts involving the media and telecommunications. 4.5.2.Courses help build awareness of the potential of media in promoting democracy and human rights On this point, see sub-Indicator 4.3.1. 4.5.3.Courses equip students with the skills needed for independent thought and analysis The objectives of Communication programs do not motivate journalists. This is because “Journalism is simply one of the multiple areas of application offered by these programs, rather than the principal orientation. The ambiguity of many programs’ objectives prevents any development or consolidation of a precise professional identity”109. The analysis presented in the study stresses that such an outlook prevents students from identifying or appropriately developing the professional capacities and competencies of a communicator / journalist or it promotes some at the expense of others110. Steinbach y Colanzi, 2009:200 – 201. Ibidem. 109 82 110 Professional capacity building and supporting institutions that underpin freedom of expression, pluralism and diversity Category 4 4.5.4. Courses contain essential disciplinary knowledge in the subject areas journalists are expected to cover The data also showed that they are professionals in Communication but not necessarily in Journalism as a specialty. The study “Universities do not train journalists” 111 said that the Communication careers give training as communicators not as journalists; they just have some subjects related to journalism. The ambiguity of career objectives cannot define a clear professional identity. 4.5.5.Courses on media literacy geared to the modern communications environment are provided No media “literacy” courses are given regularly or systematically by academic institutions, either public or private. DIMENSION C: PRESENCE OF TRADE UNIONS AND PROFESSIONAL ORGANISATIONS 4.6. MEDIA WORKERS HAVE THE RIGHT TO JOIN INDEPENDENT TRADE UNIONS AND EXERCISE THIS RIGHT. 4.6.1.The right to form unions is respected in law and in practice The right to unionize is protected for all employees in general and in particular for journalists by the CPE. The Constitution has, in its chapter on social and economic rights, Article 51 paragraphs I to VII, the right for workers to join unions as a way to defend them and be represented. In particular, Bolivian legislation establishes the right for media personnel to unionize: DS Nº 20225, General By-Laws for Journalists, 9 May 1984 (Articles 34 and 35). In this regard, CSTPB Executive Secretary Ramiro Echazú said that, in practice, it is possible to form unions in some media and quite difficult in others, because many media companies keep their number of workers low enough to keep them from forming unions. 4.6.2. Right to take industrial action is respected in law and in practice The CPE backs the right to collective action to defend workers’ interests and exercise their representation (Article 51). The General By-Laws for Journalists also grant the right to unionize, with the condition of not violating the principles and norms of their governing institutions (Article 35). CSTPB Executive Secretary Ramiro Echazú said that, although the right to collective action is set forth in legislation, journalists need consciousness-raising to put it into practice. La Paz Press Workers Federation (FTPLP), Executive Secretary Boris Quisberth said that unions have close relationships with employers, which leads to the fear that taking collective actions by press workers could lead to clashes between the two sectors. Ibidem. 111 83 Category 4 Professional capacity building and supporting institutions that underpin freedom of expression, pluralism and diversity 4.6.3.National journalism associations can exercise the right to affiliate with appropriate Global Union Federations and international professional associations The right to unionize, to take collective action and organize in entities to defend workers’ interests and exercise their representation is recognized in the CPE (Article 51), and in DS Nº 20225, Articles 34 and 35. Journalists and social communicators can join different national organizations, some of which, in turn, belong to international entities. 4.7. TRADE UNIONS AND PROFESSIONAL ASSOCIATIONS PROVIDE ADVOCACY ON BEHALF OF THE PROFESSION. 4.7.1.Press trade unions or journalist associations are recognized as negotiating partners by employers’ groups, on both labor and professional issues. ANP President, Marco Antonio Dipp, said that organizations of professionals and journalists are recognized in Bolivia, while CSTPB Executive Secretary Ramiro Echazú said that on occasions union federations mediate between workers and media managers, but on other occasions the workers negotiate directly with their employers. FTPLP Executive Secretary Boris Quisberth said that federations have positioned themselves over the years and mediate effectively: “Media companies listen and respect when the two sectors come together, because they know that workers’ rights will be defended”. 4.7.2.Professional journalism associations (specialist networks, press clubs, etc.) actively debate media ethics and standards. ANP disseminates their Code of Ethics among their members and other journalists. The Ethical Self-Regulation Tribunal also continually invites the public to bring any complaints about the work of its members. CSTPB discusses issues of media ethics and norms at their general congresses, usually every two years. The Statutory Commission of the Confederation is where these issues are addressed. The Codes of Ethics are also distributed in Federations, said their Executive Secretary, Ramiro Echazú. ANPB, being part of the CNÉP since it was created, also constantly promotes the work done by the National Ethics Tribunal throughout Bolivia. 4.7.3.Employers’ associations set standards and actively defend freedom of expression. ANP defends freedom of speech as one of its fundamental tasks, for which it created a Unit to Monitor and Oversee Freedom of the Press and Speech in Bolivia to monitor and make complaints about any cases violating these fundamental constitutional rights. The ANPB, in turn, has issued a series of pronouncements over the last five years, holding press conferences and talks. Jointly with APLP, ANPB promoted a campaign to collect signatures in favor of Freedom of Speech and against Articles 16 and 23 of the Law Against Racism and All Forms of Discrimination. 84 Professional capacity building and supporting institutions that underpin freedom of expression, pluralism and diversity Category 4 4.7.4.Trade unions and professional associations disseminate codes of ethics and actively defend freedom of expression See sub-indicators 4.7.2 and 4.7.3. 4.7.5.Trade unions defend the interests of women media professionals Regarding female journalists, the President of the Circle of Women Journalists (CMP), Verónica Basaure, stated that women’s representation in the media is unfair, because most executive positions are held by males, with few exceptions. She also stated that media prefer to hire male staff to avoid the costs of maternity leave. The Circle has pursued major campaigns to defend women’s rights and has backed different complaints from various cities in Bolivia to insist on their rights. Women journalists turn to the CMP because of its specific emphasis rather than to union federations which, in practice, do not pay attention to their complaints, she stated. The CSTPB Executive Secretary said there is a small number of women members, and none on their Board. However, he clarified that both men and women members of unions, federations and the Confederation are served when situations arise requiring the union organization’s intervention. Further, women representatives of press workers’ federations and unions agreed that there is generally male chauvinism (machismo) within the workplace and union, which limits women’s activities and makes it more difficult for them to be recognized in journalism practice112. DIMENSION D: PRESENCE OF CIVIL-SOCIETY ORGANISATIONS 4.8. CSOs MONITOR THE MEDIA SYSTEMATICALLY 4.8.1 CSOs monitor media content and ownership in the interests of promoting pluralism and diversity In Bolivia there are various CSOs that systematically monitor the news published on certain media, generally print media, regarding certain areas, according to each organization’s concrete interest. In this framework, institutions such as the Bolivia Documentation and Information Center (CEDIB), the Center for Studies on Agrarian and Labor Development (CEDLA), the Tierra Foundation, the Center for Legal and Social Studies (CEJIS), Catholic Women for the Right to Decide (CDD), among others, have observatories monitoring information regarding their areas of interest113. The National Media Observatory (ONADEM) of the UNIR Bolivia Foundation monitors prints and audiovisual media on various topics, from a critical perspective, seeking to promote information quality and the Right to Information and Communication (DIC). There are also institutions such as the Women’s Coordinating Agency114 and the National Villegas, 2014:131. CEDIB: Bolivian Observatory of Mining Conflicts; CEDLA: Bolivian Observatory of Employment and Social Security; Tierra Foundation: Observatory of Indigenous Territories; CEJIS: Observatory of HR and Socio-Environmental Conflicts in Bolivia; CDD: Observatory of Sexual Rights and Reproductive Rights. 114 The Women’s Coordinating Agency is a network comprising 26 non-governmental organizations with national coverage, which since 1984 has generated inter-learning, research and communication, oriented toward developing policy advocacy strategies to improve women’s living conditions. See (http:// www.coordinadoradelamujer.org.bo/web/index.php/qsomos/mostrar/id/1). 112 113 85 Category 4 Professional capacity building and supporting institutions that underpin freedom of expression, pluralism and diversity Children’s News Agency (ANNI)115 which monitor and critically analyze information on certain media about women and children, respectively, to promote information pluralism. In Bolivia there is no systematic monitoring of media ownership. 4.8.2 CSOs provide critical analysis of media, especially in relation to representing marginalized groups The Gender Observatory by the Women’s Coordinating Agency116 documents, systematically summarizes and disseminates information about the situation of female Human Rights in Bolivia, and also oversees news and information generated by the media about women’s realities regarding different problem areas and topics, from a critical perspective that makes the contents and news treatment visible, to analyze on the basis of a vision of gender and women’s rights. ANNI also makes a critical analysis of media work regarding how they represent children and adolescents. As discussed in the preceding sub-Indicator, ONADEM works to “Generate inputs for critical reflection and self-critique regarding performance by the journalistic media in a context of democracy”, monitoring, analyzing and systematically evaluating professional performance by these media. 4.8.3 CSOs play a role in promoting media literacy There has been no evidence of any CSO doing activities concretely involving media literacy, understood as a way of reading and critically receiving the messages broadcast by the media. The only experience documented was done in the l990s by Jesuit Gregorio Iriarte and Marta Orsini, who carried out the “Education and Communication Media” project in Cochabamba. 4.9 CSOs PROVIDE DIRECT ADVOCACY ON ISSUES OF FREEDOM OF EXPRESSION 4.9.1 CSOs actively promote freedom of expression, right to information, and journalist safety Promoting and defending freedom of expression and the right to information are part of one line of work of ONADEM, which it does considering both the social and media dimensions. The President of the Provincial Association of Community Radio Stations of Bolivia (APRAC – Bolivia)117 said that one of this organization’s main aims has been to defend freedom of expression through training and active participation in policy-making regarding the media. This also applies for AMARC radio stations, such as Radio Sur Agricultura and the Center of Applied Studies on Economic, Social and Cultural Rights (CEADESC). ANNI Bolivia is the Research and Information program pursued by the Young Bolivia Education and Communication Center (ECO JÓVENES). Its main goal is to contribute to generating a journalism culture that promotes and defends the rights of children and adolescents in Bolivia. 116 Available at http://www.coordinadoradelamujer.org.bo/observatorio/ 117 APRAC-BOLIVIA groups community media (rural radio and television stations and newspapers) and belongs to the World Association of Community Radio Stations (AMARC). At this time, it has over 30 provincial station members nationwide. 115 86 Professional capacity building and supporting institutions that underpin freedom of expression, pluralism and diversity Category 4 4.9.2.CSOs engage with policy makers on the issue of public policy towards the media Several of the CSOs mentioned in this dimension have participated actively in public policy-making regarding the media. They have sometimes been invited to public hearings to debate certain norms and in other cases, although they were not invited, they have brought their proposals and worked to amend certain articles and incorporate others. The Director of SECRAD in La Paz and former leader of AMARC, José Luis Aguirre, said in this regard that the greatest institutional achievement for SECRAD and also for AMARC in Bolivia was in 2004 (with) legal recognition of the presence of the broadcasting community118. In addition, Teófilo Rivas (APRAC – Bolivia) and Carlos Soria (Radio Sur Agricultura, member of AMARC) have ratified this statement. ONADEM, in turn, has engaged with legislators debating the Law against Discrimination, with a critical proposal about that proposed law, in a public hearing to which it was invited. However, for national political reasons, the debate was suspended, and none of the observations or suggestions were taken into account, from the Foundation (UNIR) or from the different other institutions and persons who attended that hearing. The attempt to make the final drafting of that law participatory did not succeed. Subsequently, ONADEM participated, at its own initiative, in another public hearing with the parliamentary commission responsible for drafting the Telecommunications Law. Torrico said that participation and that of other institutions was “more profitable” because some suggestions presented at the time were included in the final version of the law. 4.10 CSOs HELP COMMUNITIES ACCESS INFORMATION AND GET THEIR VOICES HEARD 4.10.1 CSOs provide advice and assistance to people wishing to access the media Bolivian Community Radio Station Association (APRAC)119 has three main areas of work (technical, legal and gender) providing training, assistance and advisory support for their members, as does the Practical Studies Center of Cultural, Social and Economic Rights (CEADESC)120, AMARC121 and ICT Net122. 4.10.2 CSOs are involved in training journalists and capacity building Diverse organizations and institutions participate, promote and organize training: APRAC, PADEM, AMARC, CEADESC, “Amuyt’a” Center for Holistic Development of Aymara Women (CDIMA) 123, UNIR and ONADEM. SECRAD represented AMARC for 12 years and worked to enact DS Nº 27489 on regulating community radio stations, which was the first norm that recognized community broadcasting practice in Bolivia (see sub-Indicator 3.9.1). 119 See: www.m.apracbolivis.es.tl 120 See: www.derechoshuamnosbolivia.org 121 See: www.amarc.org AMARC Bolivia, in association with ALER, carried out the Ritmo Sur training program in Bolivia. (The project took place in 12 countries of Latin America and The Caribbean: Argentina, Paraguay, Chile, Uruguay, Bolivia, Brazil, Peru, Ecuador, Colombia, Venezuela, Mexico, and Dominican Republic), with meetings, workshops, seminars, evaluations and training by and for community radio stations to strengthen them. 122 The ICT Bolivia Network is a multi-sector non-profit association comprising 24 member organizations nationwide, including grassroots associations, non-governmental entities, private companies, universities and governmental entities, that apply ICTs to favor sustainable human development, mainly in the areas of Education, Governance and Gender and Agriculture. See: www.ticbolivia.net 123 “CDIMA is a non-profit organization founded in 1989, identified with the interests and values of the Aymara nation and a successor to the Ideological Discussion Center of Aymara Women. It has four lines of work: training and leadership, communication, legal advisory assistance (mostly to obtain documentation) and economic initiatives” (López, 2007: 10). 118 87 Category 4 Professional capacity building and supporting institutions that underpin freedom of expression, pluralism and diversity Under their two lines of work (information quality and promoting Information and Communication Rights), ONADEM has organized forums and supported publication of a book on ethics and legislation with CSTPB, as well as partnering with other institutions such as the Carter Center and other NGOs to hold different forums and training workshops. RECOMMENDATIONS CATEGORY 4 DIMENSION A: AVAILABILITY OF PROFESSIONAL MEDIA TRAINING - Incorporate a minimum academic program, sufficient to prepare journalism professionals, in university curricula training on general communications that do not have this. - Generate, assist and facilitate training and ongoing, accessible, equitable (on-site and distance) specialty education of press workers in the different regions of Bolivia through federations, media and universities. - Implement training and specialty education about media leadership and management with social responsibility in universities and institutions providing training for journalism personnel. DIMENSION B: AVAILABILITY OF ACADEMIC COURSES IN MEDIA PRACTICE - No comments. DIMENSION C: PRESENCE OF TRADE UNIONS AND PROFESSIONAL ORGANISATIONS - Promote formation of press worker organizations to guarantee they can exercise and defend their collective and individual rights where there are none, or revitalize them where they are inactive. - Improve coordination among union, federation and academic organizations to promote media sector professional development. DIMENSION D: PRESENCE OF CIVIL SOCIETY ORGANISATIONS - Encourage coordination with sector organizations for journalist training programs provided by civil-society organizations working in different areas of development. - Encourage continuation of opportunities for grassroots communicators’ training by a number of civil-society organizations. - Promote the representational capacity civil-society organizations vis-a-vis the media and their participation in public policy-making about the media. 88 Category 5 Category 5: Infrastructural capacity is sufficient to support independent and pluralistic media DIMENSION A: AVAILABILITY AND USE OF TECHNICAL RESOURCES BY THE MEDIA 5.1 MEDIA ORGANISATIONS HAVE ACCESS TO MODERN TECHNICAL FACILITIES FOR NEWS GATHERING, PRODUCTION AND DISTRIBUTION 5.1.1 Journalists have secure, reliable and affordable access to Information and Communication Technologies (ICTs) and are trained to use them effectively “The 32% (of journalists) say they have no computer of their own, 40% are not provided with office supplies, and only one fourth (23%) are provided with pens and notebooks. 63% of journalists report they have access to a landline telephone and a similar percentage have a cell phone provided by the company” and only 49% have an audio recorder provided by the company124. Regarding the use of Internet, that same study says that journalists are largely informed by Internet (87%), to which 72% have access. However, only 2/3 of them have ongoing access, though not individually. Regarding telephone use half the journalists purchased their own cell phone and the other half are provided with one. Only 34% can call freely; the rest have restricted call privileges, subject to prepaid calls or simply “the company telephone can receive calls, because they have cut off my outgoing calls125. Community radio stations, by contrast, use mobile telephones as the most important way to network with other stations and with communicators in other localities. Only 6% of the Alternative Provincial Communication Network’s member media have Internet access, because of the high costs involved. 5.1.2 Journalists have access to a wide range of reference and archival material Journalists, in general, “largely get their information by Internet (87%), to which 72% have access” (198). However, that same study reveals that only 2/3 of these journalists have ongoing access though not individually to Internet126. Hurtado, 2009: 195 - 200. Ibidem. 126 Ibid. 124 125 91 Category 5 Category 5: Infrastructural capacity is sufficient to support independent and pluralistic media 5.1.3 Community media are equipped with appropriate technical facilities to reach communities Community media in Bolivia have little infrastructure and their technical facilities are basic; many operate under very precarious conditions. However, APRAC-Bolivia says that community media have locally manufactured equipment that are just as good as imported equipment which, because of their high costs, are unaffordable for community radio stations. Guillermo Paco, of the Alternative Provincial Communication Network, said that 86% of their members do not have appropriate technical facilities “to work anywhere away from the place where the radio is located”. Paco said that most media belonging to that organization “have limitations, financial mostly, which causes technical and equipment shortcomings”. 5.1.4 Adequate printing and distribution facilities are available to print media There are limitations regarding facilities for the print media to print and distribute. In many cases they are not optimal, especially in small newspapers. Marco Antonio Dipp of ANP said that “each media outlet (belonging to this organization) has the infrastructure conditions to produce news, design, print and distribute daily newspapers, magazines and weekly newspapers”. Regarding the State newspaper, Mauricio Carrasco of Cambio newspaper, said that they do not have their own print shop, so they work with a private company. 5.1.5 Media organizations make use of multi-platform delivery systems A study about audience participation on media showed that people have interaction with broadcast’s program, especially on TV, through social media messages like Facebook127. Media delivery systems are generally limited to their Websites, since very few uses Twitter or Facebook to share news with the citizenry. According to the same study, there are 90 radio stations broadcasting by Internet on their Websites. However, of the 32 such programs analyzed on three national radio networks, five have email, four use Facebook and none uses Twitter. Out or the six national television networks observed, five have a Website, an account with their blog, but only 25 of the 79 such programs analyzed use Facebook, two have email and only one uses Twitter. That same study by Villegas indicated that newspapers’ situation was different. All of the newspapers observed128 have content delivery systems through their Websites and almost half also use Twitter for this purpose. Villegas, 2011b. Cambio, La Razón, La Prensa and Página Siete of La Paz; El Deber of Santa Cruz; La Palabra del Beni of Trinidad and Los Tiempos of Cochabamba have Twitter (Villegas, 2011b). 127 92 128 Category 5: Infrastructural capacity is sufficient to support independent and pluralistic media Category 5 5.1.6 Public, private and community media use ICTs to generate citizens’ engagement with the media Public participation is currently greater in journalistic and non-journalistic television programs, radio and press “because text messages and social networks such as Facebook are used”129. The “large” media, in general, have opened up citizen participation using ICTs. All the state media have a Website. Cambio newspaper has Twitter and Bolivia TV has a page on Facebook. DIMENSION B: PRESS, BROADCAST AND ICT PENETRATION 5.2 GROUPS HAVE ACCESS TO FORMS OF COMMUNICATION THEY CAN USE 5.2.1 Radio and television broadcasts are technically accessible nationwide Although there are no official statistics available on the percentage of the Bolivian population who access to the State Media, Radio Patria Nueva has 14 repeating stations covering the country’s nine departments. Bolivia TV, in turn, has 164 repeating stations installed and by year-end plans to have 337 repeating stations operating. Cambio State newspaper reaches six out of nine department capital cities and 14 medium-sized cities. This newspaper’s circulation has not been made public. 5.2.2 The State takes positive steps to ensure maximum geographical reach by all broadcasters Since 2006 the Government has also promoted the “Radios of Indigenous People of Bolivia” project, which already has 82 radios in communities and medium cities in different parts of the country. The Telecommunications Law also establishes a new distribution of frequencies (see sub-Indicator 4.9.2) which will diversify the types of stations. 5.2.3 Non-print media are accessible in communities with high levels of illiteracy During the 2005-2010 periods, a quantitative approach to the media in Bolivia counted around 578 television stations and 1067 radio stations130. Television stations reach only capital cities and some medium cities, whereas radio is the media outlet reaching the most remote rural zones. Bolivia is the South American country with the fourth-greatest radio penetration, following Chile, Uruguay and Brazil. Eighty-four percent of Bolivian households have a radio receiver. 68.7% of households have a television set – a percentage that exceeds only Nicaragua, Honduras and Guatemala131. Only 3.3% of households have Internet access – the lowest rate, after Guatemala and Nicaragua – and 56.2% have access to cell phone service – a percentage exceeding only Peru’s. Only 14.7% of Bolivian homes have access to a PC – the region’s 9th lowest rate – and 19.1% of homes have a landline telephone – the region’s sixth lowest rate. Villegas, 2011b. Five national television networks were analyzed (ATB, UNITEL, PAT, Cadena A, Bolivia TV, Bolivisión) and a total of 79 television programs, as well as three national radio networks (ERBOL, Panamericana and Patria Nueva) with 32 programs and 18 daily newspapers with national readership. 130 Data from ATT registered at ERBOL. 131 http://www.kas.de/wf/en/71.11395/ 129 93 Category 5 Category 5: Infrastructural capacity is sufficient to support independent and pluralistic media 5.2.4 Community-based broadcasters or publications have high or growing levels of penetration in their target area Studies are required on the penetration of community media, although the most numerous media in rural areas are community radio stations. Although legally community media cannot expand into urban zones, there is no official information about how many or which radio stations operate in peri-urban zones or peripheral areas around the large cities. In practice, these radios operate unofficially and network with each other. According to declarations by Carlos Soria of Radio Sur Agricultura, community media reach “the most isolated sectors, where people do not read or write on a daily basis”. Community media are generally the only ones accessible in rural communities where oral language is used more than writing. 5.3 THE COUNTRY HAS A COHERENT ICT POLICY WHICH AIMS TO MEET THE INFORMATION NEEDS OF THE PUBLIC 5.3.1 CSOs, media, government and commercial entities work together to make ICTs accessible According to the National Survey on Adolescents and Youth (ENAJ) conducted in 2008 in 17 cities of Bolivia (nine capital cities and eight medium-sized ones) 77% of young people have access to a computer and 69% have Internet access; 89% of people with access to a computer access Internet132. The General Directorate of Information and Communication Technologies, Ministry of Education, announced implementation of 469 educational community telecenters throughout Bolivia, of which 220 (47%) have Internet access. The World Economic Forum Connectivity Index places Bolivia in 127th place (out of 142) in quality of Internet access. The person responsible for ATT, Clifford Paravicini, said that Bolivia’s landlocked status makes it difficult to access maritime optical fiber, since “any country with a coastline pays 30 dollars for mega of Internet access whereas at the border of our country it runs from 243 to 540 dollars”. Therefore, the Government has undertaken to create solid, economical international access through some neighboring country, to lower the costs of this service. The Ministry of Education has projects to train teachers in the area of ICTs and provide hardware to students, he said. Manuel Mercado, director of Bolivian Agency for Information Society Development (ADSIB), said that the Regulations for the Telecommunications Law will “clearly establish what institution will implement the e-government project”, which they expect to be the strongest leverage to promote the use of technologies in the State and in society. He added that providing thousands of laptop computers to teachers is a policy to expand ICTs, associated with expanding Internet coverage and access which National Telecommunications Enterprise (ENTEL) is doing. Fidel Álvarez of the ICT Bolivia Network said that regarding access, the “One computer per teacher” Program will become the main technological contribution to education. 94 Available at http://www.laprensa.com.bo/diario/actualidad/la-paz/20120524/el-47-de-telecentros-tiene-internet-en-bolivia_25871_41354.html 132 Category 5: Infrastructural capacity is sufficient to support independent and pluralistic media Category 5 Álvarez said that his organization is collaborating to make ICTs accessible through three lines of work: a) Training target population groups to use and take advantage of ICT tools. b) Advisory assistance and appropriate solutions based on the experience of national and international partners. c) Policy advocacy to make ICTs available and accessible. 5.3.2 Pricing policy does not exclude Community radio stations are exempt from paying for the allocation and use of their frequencies. According to Paravicini of ATT, they are obliged only to pay a regulation fee, which is 1% of the station’s annual income. Fidel Álvarez, of the ICT Bolivia Network, said that “current prices for connectivity, which are not necessarily related to a pricing policy, mean that distant or peri-urban localities are somewhat excluded from access to ICTs”. He added that “regarding connectivity, the Tupaj Katari satellite could be an answer to these issues and will also probably lower costs”. 5.3.3 Existence of a digital migration policy and strategy According to Clifford Paravicini of ATT, Director of ATT, the National Digital Television Plan is planned to be executed but the problem once again lies in the costs, because “not all Bolivians can afford to purchase a digital set to access digital television”. 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LAWS REVIEWED − Bolivian Crime Code − National Constitution (2009) − Supreme Decree Nº 078 Creation of Bolivia TV (15/04/2009) − Supreme Decree Nº 0793 Creation of Communication Ministry (15/02/2011) − Supreme Decree Nº 328. Bolivian Non Verbal Language Code in media (2009) − Supreme Decree Nº 0762. Regulations for the Law Against Racism and all forms of Discrimination (05/01/2011) − Supreme Decree Nº 29174. Regulations for telecommunications services in rural areas (2007) − Law Nº 045 against Racism and all forms of Discrimination (08/10/2010) − General Law Nº 164 on Telecommunications, Information and Communication Technologies and Postal Service (08/08/2011) − Press Law (1925) − National General Police Law (1985) − Law Nº 026 on Election Procedures (30/06/2010) − Regulations on Advertising, Special Procedure for Judicial Authorities and the Plurinational Constitutional Court (30/06/2011) 98 INTERNATIONAL LAWS REVIEWED − “San José de Costa Rica Pact” American Convention on Human Rights” − Children’s Rights Convention − International Convention against all forms of Racial Discrimination − United Nations Declaration about the Rights of Indigenous Peoples − American Declaration of Human Rights and Duties − Universal Declaration of Human Rights − International Pact of Civil and Political Rights JOURNALISM REGULATIONS REVIEWED − ANP Ethics Code. − APLP Ethics Code − TNEP National Ethics in Journalism Code − Regulations of TNÉP. − Resolutions of TNÉP. 99 APPENDIX APPENDIX 1 CONSULTIVE COMMITEE (2011 - 2012) N° 1 NAME POSITION INSTITUTION Ramiro Echazú Executive Secretary Magaly Vega (2011) Chairperson 2 Antonio Vargas (2012) President 3 Ana Limachi President World Association of Communitary Broadcast (AMARC) President Bolivian Association of Social Communication Careers (ABOCCS) 4 Martha Paz (2011) Julvi Molina (2012) Trade Union of Press Workers in Bolivia (CNTPB) La Paz Journalists Association (APLP) 5 Claudio Rossell Manager of Public Media Communication Ministry 6 Ronald Grebe President National Association of Bolivian Journalists (ANP) Carlos Arroyo (2011) 7 Esperanza Pinto (2012) President Bolivian Association of Communication Researchers (ABOIC) 8 Juan León Executive Manager National Press Association (ANP) Raúl Novillo President Ricardo Sánchez Chairperson 10 Mario Maldonado Chairperson National Committe for Jounalits’ Ethics(CNEP) 11 Julia Velasco Coordinator National News Agency for Children (ANNI) 12 José Luis Aguirre Manager Training Service for Broadcast and TV for Development (SECRAD) Bolivian Catholic University 14 José Luis España Monitoring and Evaluation Support Programme for Municipalities Democracy (PADEM) 15 Fidel Álvarez Executive Coordinator Bolivia’s ICT Net 9 Bolivian Association of Broadcasts (ASBORA) 101 APPENDIX CONSULTIVE COMMITEE (2011 - 2012) N° NAME POSITION INSTITUTION 16 Ronald Barrancos Permanent Secretary Bolivian National Committee for Cooperation with UNESCO 17 María Eugenia Verástegui President National Court of Journalism Ethics Andrés Gómez Manager Augusto Peña National Coordinator Nacional Alberto Ponce Manager 18 19 ERBOL Broadcast Mining Broadcast and Tv Net APPENDIX 2 PEOPLE INTERVIEWED FROM JOURNALISM’ S TRADE UNIONS Nº 102 NAME POSITION INSTITUTION 1 Apaza Humberto Executive Secretary Trade Union of Press Workers in Oruro 2 Bailey Alberto President National Committe for Journalists’ Ethics (CNEP) National Court of Journalism Ethics (TNEP) 3 Basaure Verónica President Women Journalists’ Chamber 4 Centeno Víctor Hugo Executive Secretary Trade Union of Press Workers in Beni 5 Colque Lidia Delegate Trade Union of Press Workers in Montero 6 Dipp Marco Antonio President National Press Association (ANP) 7 Echazú Ramiro Executive Secretary Executive Secretary of the Trade Union of Press Workers in Bolivia 8 Furuya Fabiola Executive Secretary Trade Union of Press Workers in El Alto 9 García Juan Executive Secretary Trade Union of Press Workers in Yacuiba 10 Grebe Ronald President National Association of Bolivian Journalists (ANPB) 11 Hurtado Roberto Carlos Executive Secretary Trade Union of Press Workers Santa Cruz 12 Oblitas Ana María Delegate Trade Union of Press Workers Rurrenabaque 13 Quisbert Boris Executive Secretary Trade Union of Press Workers La Paz 14 Rodríguez Iván Executive Secretary Trade Union of Press Workers Potosí 15 Ruelas Carmen Delegate Trade Union of Press Workers Riberalta 16 Soria Carlos Chairman World Association of Communitary Broadcast (AMARC) 17 Tibubay Juan Carlos Executive Secretary Trade Union of Press Workers Cobija 18 Verástegui María Eugenia Vocal National Committee of Journalism Ethics (CNEP) National Court of Journalism Ethics (TNEP) 19 Villavicencio Daniel Executive Secretary Trade Union of Press Workers Chuquisaca 20 Zenteno Pablo Executive Secretary Trade Union of Press Workers Tarija APPENDIX APPENDIX 3 PEOPLE INTERVIEWED FROM CIVIL SOCIETY ORGANIZATIONS Nº NAME POSITION INSTITUTION 1 Álvarez Fidel Executive Coordinator Bolivia’s ICT Net 2 Cajías Lupe Delegate Citizen Movement Against Corruption 3 Condo Freddy National Coordinator Indigenous and Farmers Organizations and Intercultural Communities (COINCABOL) 4 Desealers Peter Consultant GIZ – Germany Cooperarion 5 España José Luis Monitoring and Evaluation Support Programme for Municipalities Democracy (PADEM) 6 Estenssoro Renán Executive Manager Journalism Foundation 7 García Javier President La Paz Advertising Enterprises Chamber (CAPEP) 8 Gullco Diego Manager Gullco Contact (advertising agency) 9 Jurgensen Kurt Delegate NEXUS BBDO (advertising) 10 Orías Ramiro Manager Construir Foundation 11 Quintana Hugo Communication Officer Carter Center 12 Quiroga Cecilia Communication’s Projects Coordinator Social Research Latin America Institute (ILDIS) - Friedrich Ebert Stiftung (FES) 14 Salamanca César Manager Magna Group (advertising) 15 Ticona Abel Planification Center for Training and Cinema Filming (CEFREC) 16 Tindal Rosario Monitoring and Evaluation Support Programme for Municipalities Democracy (PADEM) 17 Torrico Erick Coordinator of the National Media Observatory (ONADEM) UNIR Bolivia Foundation 18 Ugarte Gabriela Press and Promotion Officer UNIR Bolivia Foundation 19 Velasco Julia Manager National News Agency for Children (ANNI) 20 Velásquez Iván Coordinator Konrad Adenauer Stiftung Foundation 21 Vogels Viviane Manager Ortega Landa Group (advertising) 103 APPENDIX APPENDIX 4 PEOPLE INTERVIEWED FROM BOLIVIAN PLURINATIONAL STATE Nº NAME POSITION INSTITUTION 1 Cabrera Hernán Delegate SCZ Bolivia’s Ombudsman 2 Camargo Carlos Viceministry Prevention, Transparency and Ethics Promotion Vice Ministry 3 Arandia Edwin General Manager of Telecommunications Services Telecommunications Viceministry 4 García Martín Basic Services Officer Authority for Telecommunications and Transport Regulation and Audit (ATT) 5 Pinto Juan Carlos National Manager SIFDE – Plurinational Electoral Organization 6 Mercado Manuel Executive Manager Agency for the Development of Information Society in Bolivia 7 Pacheco Víctor Coordinator Indigenous People National Net (RPOs) 8 Paravicini Clifford Executive Manager Authority for Telecommunications and Transport Regulation and Audit (ATT) 9 Rossel Claudio Public Media Manager Communication Ministry APPENDIX 5 PEOPLE INTERVIEWED FROM PUBLIC MEDIA Nº NAME POSITION INSTITUTION 1 Portocarrero Gustavo General Manager Bolivia TV 2 Carrasco Mauricio Manager Cambio newspaper 3 Maldonado Iván Manager Patria Nueva Broadcast Net 4 Gómez Omar President Information Net of Bolivian Public Universities (RUBI) APPENDIX 6 PEOPLE INTERVIEWED FROM PRIVATE AND COMMUNITARY MEDIA Nº 104 NAME POSITION INSTITUTION 1 Álvarez Helen Journalist “Deseo” Broadcast 2 Aré Tuffí Press Manager “El Deber” newspaper 3 Cahuasa Beatriz Journalist Fides Broadcast 4 Chacolla José Journalist FEJUVE Broadcast 5 Duchén María René News Editor “Cadena A” TV channel 6 Paco Guillermo President Alternative Journalists Net APPENDIX PEOPLE INTERVIEWED FROM PRIVATE AND COMMUNITARY MEDIA Nº NAME POSITION INSTITUTION 7 Peña Augusto National Coordinator ERBOL Broadcast 8 Ponce Alberto President Mining Broadcast and TV Net (MIRTV) 9 Rendiz Elizabeth Journalist ABC Broadcast 10 Ríos Samuel Manager FEJUVE Broadcast 11 Rivas Teófilo President Bolivian Communitary Broadcasts Association (APRAC) 12 Salvatierra Mónica National Executive PAT Santa Cruz TV channel 13 Tineo Ana María Manager “La Palabra del Beni” newspaper APPENDIX 7 PEOPLE INTERVIEWED FROM UNIVERSITIES Nº NAME POSITION INSTITUTION 1 Ampuero Jenny Professor Gabriel René Moreno Autonomus University (UAGRM) 2 Paredes Marcio Director Communication career Bolivian Catholic University “San Pablo”(UCB) 3 Aguirre José Luis Manager Training Service for Broadcast and TV for Development (SECRAD) Bolivian Catholic University 4 Paz Martha President Bolivian Association of Social Communication Careers (ABOCCS) 105 Assessment of Media Development The Assesment of Media Development in Bolivia is a research made by the Media’s National Observatory (ONADEM in Spanish) from UNIR Bolivia Foundation with the support of UNESCO’s International Programme for the Development of Communication (IPDC). The study applied the UNESCO’s Media Development Indicators (MDI) in Bolivia which were created to offer a global methodology to evaluate the specific circumstances of media in any country who guarantees the press freedom, plurality and no censorship; it also guides the formulation of public policies and encourages public and private actors in this matter. The document –a summary of the original research– presents not only the state of mass media and freedom of expression in Bolivia according international standards and includes conclusions and recommendations in the following five categories too: 1) A system of regulation; 2) Plurality and diversity of media; 3) Media and democracy; 4) Professional capacity building, and 5) Media infrastructure. The countries which have completed the MDI evaluations up to now are: Buthan, Croatia, Curazao, Ecuador, Egypt, Gabon, Jordan, Libya, Maldives, Mongolia, Mozambique, Myanmar, Nepal, Palestine, South Sudan, Timor Leste and Tunisia. For more information: www.unesco.org/new/en/communication-andinformation/ intergovernmental-programmes/ipdc/initiatives/mediadevelopment-indicators-mdis/ United Nations Educational, Scientific and Cultural Organization 9 789231 001963
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