Censorship in Ecuador

Censorship in Ecuador

Ecuador's legal framework purports to uphold the right to communication. However, the implementation of certain laws and actions by authorities has led to significant restrictions on freedom of expression, prompting ongoing scrutiny from international observers and human rights organizations.

Censorship in Ecuador encompasses various actions and policies that suppress or restrict freedom of expression across different media platforms. Over the years, both governmental and non-governmental actors have been implicated in practices that limit press freedom, leading to a complex media landscape.

Legal Framework

In June 2013, Ecuador enacted the Organic Law on Communications (Ley Orgánica de Comunicación - LOC), which introduced significant regulations affecting media operations:

• Media Responsibility: The law holds media companies accountable for the content they disseminate, requiring them to collect and store user information.
• Prohibition of "Media Lynching": This provision prohibits collective and repeated efforts to discredit individuals or organizations, a clause critics argue is vaguely defined and potentially suppresses investigative journalism.
• Content Regulation: The law mandates that information be "verified, balanced, contextualized, and opportune," granting authorities the power to sanction media outlets that do not comply.

The establishment of regulatory bodies such as the Superintendence of Information and Communication (SUPERCOM) and the Council for the Regulation and Development of Information and Communication (CORDICOM) has further centralized media oversight, leading to numerous sanctions against media outlets for alleged violations.

Notable Cases of Censorship

• El Universo Lawsuit (2011): President Rafael Correa filed a defamation lawsuit against the newspaper El Universo, its opinion editor Emilio Palacio, and its executives, following the publication of an article critical of his actions during a police uprising. The court initially ruled in favor of Correa, sentencing the defendants to three years in prison and imposing a $40 million fine. Amid international pressure, Correa later pardoned the journalists and executives.
• Fundamedios Dissolution Attempt (2015): The Ecuadorian government initiated proceedings to dissolve the non-governmental organization Fundamedios, which monitors press freedom, accusing it of engaging in political activities. The move was widely criticized by international human rights organizations, leading the government to retract its decision.
• Internet Content Removal (2014): Reports emerged of online content critical of the government mysteriously disappearing from social media platforms such as Facebook, YouTube, and Twitter. Investigations suggested that the government employed copyright claims to target and remove unfavorable content, raising concerns about digital censorship.

Positive Reforms to the Organic Law on Communication

In Ecuador, censorship has undergone significant changes, particularly following reforms to the Organic Law on Communication (LOC). These reforms have curtailed governmental powers to sanction private media, aiming to foster a more open environment for freedom of expression.

The original LOC, enacted in 2013, granted extensive authority to the government over media content, leading to numerous sanctions against private media outlets. However, in 2019, substantial reforms were introduced to diminish these powers:

• Dissolution of SUPERCOM: The reforms led to the elimination of the Superintendence of Information and Communication (SUPERCOM), the regulatory body previously responsible for enforcing media sanctions. This change effectively removed the administrative apparatus that had been used to impose fines and mandate public apologies from media entities.
• Abolition of Administrative Sanctions: The revised law eradicated various administrative penalties that had been criticized for stifling journalistic freedom. This includes the removal of fines and obligatory public apologies, which were previously enforced for content deemed offensive or unbalanced by governmental standards.

Impact on Media Freedom

These legislative changes have been pivotal in enhancing press freedom in Ecuador:

• Reduction in Governmental Control: By dismantling SUPERCOM and its associated punitive mechanisms, the government’s direct influence over media content has been significantly reduced, allowing for a more autonomous press.
• Encouragement of Diverse Perspectives: The elimination of stringent content regulations has emboldened journalists and media outlets to explore a broader range of topics, including those critical of governmental actions, without the looming threat of sanctions.

Current Climate

As of recent reports, journalists in Ecuador continue to face challenges, including physical threats, legal actions, and a climate of self-censorship due to fear of reprisals. The rise of criminal gangs and drug cartels has exacerbated the dangers, leading to increased hostility toward media personnel.

In 2025, during the presidential election, the free speech advocacy organization Fundamedios documented more than ten cases where journalists encountered obstacles while reporting on the electoral process, highlighting ongoing concerns about press freedom in the country.