<incom> FW: [cr-india] Uruguay approves Community Broadcasting Bill

[Bruce Girard]

Since the article Michael circulated was written, the new law was 
formally approved by the House of Representatives on 11 December.

The full text of the final version of the legislation (in Spanish) is at 
http://legislaciones.amarc.org/URU_Ley_Radiodifusion_Comunitaria.pdf.

It is very good legislation and could serve as a model for places 
seeking to introduce new legislation or to improve what already exists.

Of particular interest is the importance given to the role of community 
broadcasting to in terms of ensuring a diverse and pluralist 
broadcasting system and to promote freedom of expression and 
information. Because of this important role the legislation doesn't just 
permit community radio, but "the State has the obligation to guarantee 
and promote a community radio service".

Surprisingly, the main criticism that many people have of the 
legislation (including myself) is that it may be too "informal" in that 
it says that licences can be awarded to recognised non-profit 
associations or to "organised groups of people". In the case of these 
groups of people, one or more of them will be held entirely legally 
reponsible. This may facilitate access by more marginalised groups, but 
it could also perpetuate their marginalisation and, worse, could lead to 
effective private ownership of community media.

Nevertheless, perhaps that problem can be taken care of in the 
regulations, and its a minor problem given the scope of the victory for 
community broadcasters in Uruguay.

bg

On 19/12/2007 02:44, Michael Gurstein wrote:
> This is an extraordinary achievement.  Congratulations to all those involved
> and to the people of Uruguay!
>  
> MG
>  
> -----Original Message-----
> From: cr-india-bounces at sarai.net [mailto:cr-india-bounces at sarai.net] On
> Behalf Of sajan venniyoor
> Sent: December 12, 2007 7:39 PM
> To: cr-india at sarai.net
> Subject: [cr-india] Uruguay approves Community Broadcasting Bill
>
>
> Check out the new Uruguayan CR Bill. This is what all CR regulation should
> aspire to be. 
>
> 1. It sets aside one-third of all radio (AM & FM) *and* television
> frequencies for community-based media. 
> 2. Licenses are granted by a council made up of all the stake-holders. 
> 3. There is no fixed transmitter power or coverage area - the range depends
> on the size of the audience.
>
> I guess we have a long way to go yet.
>
> Sajan
>
> SENATE PASSES COMMUNITY BROADCASTING BILL 
> http://www.mediaforfreedom.com/ReadArticle.asp?ArticleID=7158
>
> In what the World Association of Community Radio Broadcasters (AMARC) calls
> a "groundbreaking move for freedom of expression in Latin America," the
> Uruguayan Senate approved a Community Broadcasting Bill that recognises
> community broadcasting in its own right and says television and radio
> frequencies should be more equitably distributed.
>
> The bill acknowledges the importance of this "third" broadcasting sector
> alongside the state and private sectors, and stipulates that one third of
> the AM and FM radio airwaves and television broadband will be reserved for
> community-based media outlets, which AMARC says ensures greater diversity of
> media ownership.
>
> A new council, made up of government, media, university and free expression
> representatives, will play a part in granting and renewing frequencies and
> ensuring that the government does not use frequency allocation to indirectly
> censor broadcasts.
>
> According to AMARC, the bill does not impose limits on the geographical
> range and signal strength of community media outlets, unlike laws in Brazil
> and Chile. Instead, the bill says the range of coverage will depend on the
> outlet's purpose and the audience it is trying to reach.
>
> Community broadcasters will also have the right to secure financing through
> donations, advertising and government grants.
>
> AMARC and other free expression organisations, including IFEX members
> ARTICLE 19 and Reporters Without Borders (Reporters sans frontières, RSF),
> have been closely following this development as it sets a crucial precedent
> for the region. AMARC was also involved in drafting the bill. "This is the
> first time that transparent and non-discriminatory processes for the
> allocation of radio and television frequencies have been explicitly laid out
> in Uruguayan legislation," says AMARC.
>
> The bill now goes to the House of Representatives to approve some amendments
> made by the Senate. According to government officials, the law will be
> passed by the end of the year.
>
> Visit these links:
> - AMARC: http://www.ifex.org/en/content/view/full/87839/
> - RSF: http://www.rsf.org/article.php3?id_article=22492
> - ARTICLE 19: http://tinyurl.com/22xkhs
> - "IFEX Communiqué" on passage of bill in House of Representatives:
> http://www.ifex.org/en/content/view/full/84084/
>
> (27 November 2007) 
> Copyright mediaforfreedom.com
>
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>   

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| Bruce Girard | www.comunica.org |
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