(AMARC/IFEX) – According to AMARC, on 22 April 1998, the Defense Commission of the House of Representatives (la Comision de Defensa de la Camara de Representantes) will begin to deal with the Executive Power Bill, which includes provisions which could jail community radio operators. Rep. Jaime Trobo, President of the House of Representatives, has stated […]
(AMARC/IFEX) – According to AMARC, on 22 April 1998, the Defense Commission
of the House of Representatives (la Comision de Defensa de la Camara de
Representantes) will begin to deal with the Executive Power Bill, which
includes provisions which could jail community radio operators.
Rep. Jaime Trobo, President of the House of Representatives, has stated
publicly that the debate of this Bill will be a priority. The President of
the Defense Commission (Representative Gustavo Penades) is in the same party
as Trobo – the party which, in July 1997, signed the most repressive Bill
tabled to this point in Uruguay, which includes penalties of up to ten years
in prison.
Provisions of the draft Bill are as follows:
Art. 1 – Anyone who uses a radio channel, without having obtained prior
authorization from the appropriate authority, will be punished with a term
of three months in prison to four years in a penitentiary.
Art. 2 – He who, in any manner, interferes, degrades or interrupts the
regular functioning of telecommunications, will be punished with a term of
three months in jail to three years in a penitentiary.
Art. 3 – He who, through deceitful means, intercepts, impedes, interferes
with or interrupts any telecommunications not destined for public reception,
will be punished with a term of three months in prison to three years in a
penitentiary.
Art. 4 – The offenses outlined in this Bill will be considered to be
aggravated where any of the following circumstances exist: 1. If the
operator has begun the procedure for, or has already obtained any other
license, either of national or international character, in force or not, to
operate telecommunication services inside or outside the country. 2. If the
operator uses frequencies or radio channels assigned to the “Servicio de
Radiodifusion”, “Servicio Movil Aeronautico”, “Servicio Movil Maritimo” or
“Servicio de Seguridad”, either in their ground or satellite services. 3. If
the operator occupies frequencies or channels which have not been
appropriated by the state. 4. If the operator occupies or intercepts
frequencies or radio channels assigned to official or institutional
organizations within the areas of Medical Assistance or Financial Brokerage.
5. If the operator intercepts frequencies or radio channels destined for
Telephone Services, regular or cellular, national or international, or the
transmission of information.
Art. 5 – He who permits in his house, residence, establishment or vehicle,
the operation of such services or equipment, as a means obtaining financial
contributions or technical aid, which falls under any area protected under
the provisions of this law, will be punished with a term of three months in
prison to three years in a penitentiary.
Art. 6 – It is declared that the essential elements of the defense and
control of the national radio signals is a power conferred on the National
Communications Office, including the power to occupy – by means of an
established Resolution and a corresponding warrant- of a transitory or
permanent nature in whole or in part, whatever segment has been used
illegally for national or foreign broadcasting stations. In order to seize
those objects used in clandestine transmissions made from private homes an
appropriate search warrant from a competent Judge is required.
Art. 7 – The commission of any of the offenses included in this Bill will
result in disqualification to the assignment of any frequency, radio channel
or entitlement to hold any telecommunication service for a period of five
years.
Art. 8 – Communication, publishing.
Recommended Action
As this case is urgent, AMARC is requesting that appeals be immediately sent
to authorities:
the operators of community radio in Uruguay
which are members of the Community Radio Coordinating Committee
(Coordinadora de Radios Comunitarias, ECOS) and open a dialogue with ECOS
inter alia, transfer the National Communication Office from the Ministry of
Defense to a plural organization with non-governmental representatives
Appeals To
Dr. Julio Maria Sanguinetti
President of the Republic
Fax: +598-2 480 75 61Deputy Gustavo Penades
President of the Defense Commission
House of Representatives
Fax: +598-2 203 55 38Dr. Ernesto Dehl Sosa
National Communications Office
Ministry of National Defense
Fax: +598-2 707 36 70Please copy appeals to:
Gustavo Gomez
Carlos Casares
Alicia Garcia
(AMARC Uruguay)
Fax: (598-2) 409 16 56
Please copy appeals to the source if possible.
