A draft community media law emphasising that radio and television frequencies in Uruguay should be equitably distributed to non-profit civil society organisations has recently won overwhelming support in the House of Representatives. How can this new community broadcasting law protect and promote the public's rights and interest?

A draft law that fully supports the establishment of community radio and television by non-profit civil society organisations was approved by the Uruguayan Congress on June 5, 2007 in a 49 out of 59 votes in favour of the draft bill.

This move was in support of the people's right to freedom of expression and freedom of information. Community radio and television stations will be run by non-profit organisations who will apply for frequencies through open competitive processes that are public, transparent, and non-discretionary, and that involve prior public consultation.

The draft law also outlines some key principles to guide the State in its administration of frequencies. These include “the promotion of plurality and diversity” as a strategic objective, “non-discrimination and guarantee of equal access” and the “transparent public announcement of the procedures and conditions of the allocation of broadcasting rights.”

In addition, the new law also stated that no prior or arbitrary limits may be placed on community media's exercise of freedom of expression by limiting the power of their transmitters, the range of coverage, or the number of stations in any locality. The law states, “[t]he service is defined by its social objective, and not by the reach of the transmitter; the latter will depend upon the availability and planned use of the spectrum, as well as the proposed purpose of the station.”

As an innovative aspect, the law calls for the creation of a Honorary Consultative Council that will be tasked to observe and participate in the process of the allocation and renewal of broadcasting frequency concessions with the aim of ensuring greater transparency and citizen input into the State's administration of the community media. This Council will be a mix of representatives from the civil society, public and private universities, and the government.

“This new Uruguayan legislation on community TV and radio should be an inspiration to the American continent, which has thousands of media in this category,” said Reporters Without Borders, an international organisation committed to promote and protect press freedom across the globe.

Full text of the draft law, in Spanish, is available at: <http://legislaciones.amarc.org/URU_Proyecto_Ley_Radiodifusion_Comunitaria_05062007.pdf>.

Sources:
“Congress approves draft law on community broadcasting” from the World Association of Community Radio Broadcasters (AMARC) and the International Freedom of Expression eXchange, posted on June 8, 2007,  <http://www.ifex.org/fr/layout/set/print/content/view/full/83975/>.
“House of representatives votes for an exemplary law on community media” from Reporters Without Borders, posted on June 11, 2007, <http://www.rsf.org/article.php3?id_article=22492>.