Mexico. The Federal Institute of Telecommunications, IFT, resolved in its XLII ordinary session to approve and issue the "General Guidelines on the Defense of Audiences", in accordance with the Political Constitution of the United Mexican States and the Federal Law on Telecommunications and Broadcasting.
These guidelines are intended to regulate, within the framework of the Institute's competence, the defense of the Hearings of the Broadcasting Service and the Restricted Television and/or Audio Service, as well as to guarantee compliance with the rights of information, expression and reception of content in terms of the provisions of articles 6 and 7 of the Constitution, expressly recognizing the powers of other authorities in this area (for example, Segob in terms of content classification or prevention and elimination of violence against women).
The approved guidelines specify and group in a clear and understandable way the rights of the audiences provided for in the law according to the type of service in question (broadcasting service and / or restricted television and / or audio service); and with respect to specific groups protected by law (children's hearings and hearings with disabilities). They also establish the guiding principles of the rights of hearings and the procedures for their defense.
Likewise, actions are generated for the materialization of the rights of the hearings, procedures for the appointment of defenders, for the presentation and integral attention of complaints by the audiences, and guidelines regarding the composition and registration of codes of ethics of the concessionaires and programmers through multiprogramming, as well as of restricted television concessionaires and the minimum items that these must contain.
Guidelines are established for the comprehensive implementation of media literacy campaigns by the Institute so that audiences know their rights and clearly understand their scope and implications, as well as so that they have sufficient tools and knowledge for the understanding and analysis of information, messages, content and advertising. These campaigns can be carried out, among others, through spots, advertisements in print media and forums.
These guidelines contemplate the analysis, on a case-by-case basis, of possible violations of the rights of the audiences considering the context of the specific content in the light of the guiding principles of the guidelines themselves and establish contextualization criteria, such as the object of the transmission, the historical record, the transmission schedule, the justification and / or intention, as well as the format of the content.
This is intended to provide certainty to the surveillance of the obligations in terms of defense of the hearings, seeking to find a healthy balance between the exercise of freedom of expression and the right to information, both of the audiences and of concessionaires or programmers.
Likewise, the precautionary suspension of transmissions established in the law is regulated so that it is carried out in a rational and objective manner, guaranteeing the protection of the freedom of expression of the concessionaires and programmers and avoiding prior censorship, so that when they are warned, prior to the suspension order they can assert what corresponds to their right. In addition, an expeditious procedure is established for the attention of these matters.
With regard to the sanctioning regime, the Institute provides clarity regarding the applicable legal framework, expressly leaving aside the exercise of the general and sanctioning powers of various competent authorities in other aspects of the rights of the hearings, such as the Ministry of the Interior or the Ministry of Health.
Some rights of the hearings are:
Of the audiences of the broadcasting service and the restricted television and/or audio service:
Respect for human rights, the best interests of children and Gender Equality;
Receive content free of discrimination;
That the news information be clearly differentiated from the opinion of the person presenting it;
That elements are provided to distinguish between advertising and the content of a program; and
No transmission of advertising or propaganda presented as journalistic or news information.
Of the broadcasting service's audiences:
That the audio or audiovisual contents are transmitted in a national language;
Have an Ombudsman to receive, document, process and follow up on observations, complaints, suggestions, petitions or indications in relation to the rights of the hearings. In this regard, guidelines are established to ensure the independence and impartiality of defenders and the maximum period to hold office, among others.
Of the audiences of the restricted television and/or audio service:
Receive the retransmission of broadcast signals;
Receive information on the classification and schedules in the electronic programming guide; and
Existence of visual or sound resources that indicate about products or services not available in the national market.
Of the children's hearings:
That the programming in the Broadcasting Service aimed at Children's Audiences disseminate information and programs that strengthen cultural, ethical and social values; avoid transmissions contrary to the principles of peace, non-discrimination and respect for the dignity of all persons; provide information on protection against all types of child exploitation and trafficking in persons; avoid content that encourages or advocates violence; stimulate their creativity, as well as their interest in physical culture, family integration and human solidarity; promote their interest in knowledge, particularly in scientific, artistic and social aspects, among others; and
That the advertising intended for Children's Audiences does not promote or show illegal, violent behavior or that puts their life or physical integrity at risk, either through real or animated characters; displays or promotes behaviors or products that threaten your physical or emotional health; present children or adolescents as sexual objects; persuade them of the benefits of a product or service or directly incite them to purchase or request the purchase or contracting of a product or service; displays conduct that promotes inequality between men and women or any other form of discrimination; among others.
Of hearings with disabilities:
Count, in at least one of the news programs with the largest audience nationwide, with services of Hidden Subtitling, Dubbing into Spanish and Mexican Sign Language;
Have mechanisms that give them accessibility to express their complaints, suggestions and complaints to defenders; and
Count, as of August 14, 2017, on signals of national scope and those transmitted by federal public institutions, with Mexican Sign Language or Hidden Subtitling in national language in the programming they transmit from 06:00 to 24:00 hours.
The guidelines will enter into force 30 working days after their publication in the Official Gazette of the Federation, so that all those involved have certainty of their responsibilities with respect to the rights of the hearings. Once this period has ended, the concessionaires must comply with the different obligations within a period of 30 more working days.
For its issuance, the IFT held a Public Consultation in which regulated members, members of the Chamber of Deputies, civil society organizations, as well as representatives of the academy and interested parties in the matter participated, from which more than a thousand comments were derived to the articles of the Preliminary Project.
The guidelines may be consulted on the IFT website (www.ift.org.mx), after their publication in the Official Gazette of the Federation.
