Perú Libre insists on imposing content quotas on radio and television. What are the risks of your new project? | Cock’s Law | principle

A second vote on the so-called ‘Cag Law’ is scheduled for this Thursday, hours before the full session of Congress. Free Peru It insists on imposing content quotas on radio and television. Member of Parliament America Gonza He introduced a bill requiring the media to broadcast the national artistic and cultural production in their daily programs in a “proportionate manner”.

In a conversation with El Comercio, experts pointed out that this rule violates freedom of expression. Additionally, they questioned its lack of clarity and technical support.

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Gonza presented the initiative on May 16 and the document is currently in the parliamentary committees on Constitution and Regulation and Transport and Communications, where it will be analyzed and debated.

Proposes changes in the Bill Y The L.

For example, in the latter case, the media is recommended to broadcast “national musical, cultural, literary, artistic, civic and cultural expressions” “proportionately” to “the other contents of their daily programs” between 05:00 and 24:00 hours.

“This proportion must be fulfilled by every station; Computation shall not be made on the basis of proportionality effected by group of broadcasters”, The bill says.

Currently, the regulation dictates that radio and television companies devote “only 10% of their daily programs to the dissemination of folktales, national music and series or programs related to Peruvian history, literature, culture or national reality.”

Article 45 – Act of Artist and Performer
(currently)
Article 45 – Act of Artist and Performer
(proposal)
Broadcasting of national programmes. Open signal broadcasting companies must produce not less than 10% of their daily programs with artists contracted in accordance with current law to broadcast folklore, national music and series or programs related to Peruvian history, literature, culture or national reality. Broadcasting of national programmes. Open signal broadcasting organizations shall, under their responsibility, broadcast national musical, cultural, literary, artistic, civic and cultural expressions in proportion to other content broadcasts in daily programmes.

With respect to the Radio and Television Act, the initiative proposes to add two subparagraphs to Article II of the Supplementary Regulations.

This article establishes 12 principles governing the provision of broadcasting services. According to Gonza’s rule, they are 14 years old.

Subsections to be included in current standard
m) Non-discrimination and protection of the right to equality of the translator, national artist, writer, composer, recording and audiovisual producer.
n) Respect for the right to participate in cultural life, as well as access to national artistic-cultural expressions created by other peoples and human groups.
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The document asserts that the legislative proposal “represents no cost to the government.” “On the contrary, it primarily helps national artists, composers, teachers and artists and cultural groups to disseminate their products and artistic-cultural expressions”, Collaboration.

However, the same document proposes to “establish” a special body within the Ministry of Transport and Communications (MTC) General Supervision and Control Directorate.

According to the bill, these studies will be carried out “with the permanent support of the Ministry of Culture”.

Check out the bill here:

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Besides…

Similarities

  • In March, the Congressional Transportation and Communications and Cultural and Heritage Commissions approved rulings imposing content quotas on radio and television companies.
  • opinions Open Signal obligates broadcasting companies to devote at least 30% to 40% of their daily programs to the dissemination of folklore, national music and series or programs related to history, literature, culture or the national reality of Peru.
  • Both decisions are based on a bill by Congressman Alex Flores Ramirez Free Peru, delivered in May 2022, seeks to amend the Radio and Television Act. It’s an effort like Americo Gonza.

Questions

In a conversation with El Comercio, experts confirmed that the bill promoted by Americo Gonza (Libre Peru) violates freedom of expression and commerce. Additionally, they questioned its lack of clarity and technical support.

They compared the initiative to a bill promoted by Congressman Alex Flores Ramirez, who is also a member of the pencil bench, that seeks to establish content quotas in the media.

Michell Szejer, executive chairman of the National Radio and Television Society (SNRTV), opined that the proposal’s “underpinnings” are wanting to “control content” and “interfere in the market”.

“Clearly, all of these bills are intended to interfere with the market and private media.” expresses.

“Clearly, all of these bills are intended to interfere with the market and private media.”

Michael Seger, President of SNRTV

Szejer also said he “doesn’t understand the standard” because “it’s poorly written”. He said Gonza’s initiative lacked “technical support” and that the statement of reasons was inconsistent with the proposed solution establishing content quotas in the media. “What is proportionality?” he asked.

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Later, he pointed out that it was not true that such a law would not create “any cost” to the state, as the Ministry of Transport would have to monitor its compliance, for which it would have to set up a dedicated office. Those issues or increase staffing in Directorate General of Telecommunication Authorization.

The SNRTV representative felt there was an “interest” and “urgency” from Congress to reform the Radio and Television Act. He also criticized that this power of the government does not take into account today’s consumption habits and global trends.

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Meanwhile, Roberto Pereira, legal adviser at the Press and Society Institute (IPYS), called the bill “absurd”. According to the lawyer, the scheme “does not withstand further analysis” and is “unreasonably intrusive”.

“This is state abuse, which is described as conduct prohibited by the American Convention on Human Rights.” said.

“Now it does not establish percentages, but allocates proportionally to the content, but imposing a law with a debatable argument is still problematic”

Roberto Pereira, IPYS Legal Adviser.

Additionally, he pointed out that it “has the same issues” as the Alex Flores plan. “Now it does not establish percentages, but quotas proportional to the content, but imposing a law with the debatable argument of promoting national identity on radio stations with a commercial purpose is still problematic.” pointed out.

“I don’t know what he means by proportionality. What is it, 50%, what is happening in the news channels? He questioned.

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For his part, SNRTV’s former president Jorge Baca said that “beyond the fact that the regulation is not understood”, “in principle” “any attempt to impose content on the medium” should be rejected.

For a former representative of SNRTV, this type of bill “seeks to weaken the medium.” “The guarantee of independence and accountability of the media is always based on their rigour. When these kinds of initiatives are given, we must understand that they are trying to weaken the media, and by weakening them, they lose their independence. requested.

“If the first rule [impulsada por Alex Flores] It was confusing in some terms, more so because it’s about how it’s proportional, which proportionality we’re talking about”. emphasized.

Baca also questioned the lack of technical support for the initiative spearheaded by Americo Gonza. “They show up [normas como esta] without calling the parties or the relevant authorities […] Nonsensical propositions are launched. If you read the rules, you will not understand. “Congress does not live up to its mandate to initiate initiatives.” Added.

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Meanwhile, Daniel Chappell, former director of the Radio Group and president of the Institute for Media Law and Audience Research (IDECOM), compared the standards promoted by Flores and Gonza.

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“This plan is like the other one, only, instead of putting percentages, it says it’s proportional,”Signed.

Idecom’s chairman said the project lacked “technical support” and “shows a lot of ignorance” about the sector.

Subsequently, he emphasized that the initiative would create cost to the government as it proposes to establish a dedicated body for the study.

“There is no cost-benefit analysis when you don’t know the impact of radio stations that broadcast content that the public does not like, and therefore lose income. As a result, profits and taxes, which results in less collection for the state”, emphasized.

Besides…

Another project

  • Congressman Pasión Dávila is promoting a bill that gives powers to the local education management units (UGEL) of each region to establish, establish and operate sound television broadcasting services in the spectrum and frequencies assigned to the state for the promotion of education, culture. and sport within its jurisdiction”.
  • Experts also questioned the proposal. For example, SNRTV’s Michelle Szejer found the rule dangerous. “Incorrect educational resources. Where will those resources come from? Who will provide the content? Each UGEL must allocate financial and human resources to implement it”, said.
  • Roberto Pereira had a similar opinion. “Other than that, it seems moot to me National Radio and Television Company of PeruNow it is proposed to hand over that responsibility to less experienced and less resourceful ukels”.
  • Former president of SNRTV, George Paca, was also critical. “Free signals should be IRTP retransmitters; however, they are not used.”
  • Daniel Chappell from Idecom pointed out that the project has “no technical support”. “You’re going to tell an Ugel that she’s missing folders or blackboards, and she needs to develop a new skill now. [una frecuencia de radio] Y [contratar] Engineers, Microphones”.

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