August 13, 2020 HEARING RIGHTS
Dear clients and friends:
On October 31, 2017, a decree was published in the Official Gazette of the Federation amending various provisions of the Federal Law on Telecommunications and Broadcasting. The decree entered into force on the day following its publication.
The amendment grants the Federal Institute of Telecommunications powers of surveillance in matters of hearing rights, to impose sanctions, as well as to order the precautionary suspension of certain transmissions that violate the law.
The rights of the audiences are regulated to receive timely programming that includes different genres for the purpose of expressing diversity and plurality of ideas and opinions; and not to transmit advertising or propaganda presented as journalistic or news information.
In addition, it is established that all concessionaires must have a Code of Ethics that provides detailed information on respect for audience rights, is published on the concessionaire's Internet portal and is registered with the Public Registry of Concessions. This instrument may be freely drafted, since it will not be subject to review by the Institute at any time.
Likewise, it is established that all broadcasters must have an advocacy for the hearings subject to the principles and accountable exclusively to the instances provided in the Code of Ethics itself, which must receive the claims, complaints or suggestions against the concessionaire, and may issue a proposal or recommendation for corrective action.
Finally, prior to the reform, a fine of 100 to 500 minimum daily salaries was established for those who acted as defense counsel for the hearings for not complying with the general guidelines issued by the Institute on minimum obligations of defense counsel for the hearings; such sanction, with this reform, was abrogated.
We remain at your disposal in case you wish to obtain further information regarding the practical implications of these modifications.