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Transition Politica and the Reformation of the Federal Law of Radio and
Television
 

By Javier Esteinou
Number 41

Due to the advanced technological development that has reached the radio and the television in Mexico, they contribute of substantive way to the construction and adipex meridia phentermine xenical of social, cultural, economic and political the weave of the country. In this one adipex meridia phentermine xenical the development of the society cannot be understood without the action of electronic means.

The importance of the radio and the television in the national life have its origin in a model that privileges its commercial operation. The Mexican State has given the sector gradually to the deprived interests, through a pact in which both actors have received benefits.

The commercial model has been developed in such a way that at present, adipex meridia phentermine xenical the 1974 adipex meridia phentermine xenical television and RF, the 82 percent works under protection of a commercial concession. To this it would be necessary to add that many of the transmitters that operate with permissions are repeating of concessionary transmitters, reason why the meridia news of commercial transmitters is still mayor1. In some 80 buy meridia no presc save the State has granted or authenticated hundreds 80 buy meridia no presc save concessions without greater proceeding, while it extends per years the managements of public institutions or social organizations to secure permissions.

Derivative adipex meridia phentermine xenical it, adipex meridia phentermine xenical Mexican radio and adipex meridia phentermine xenical television presents/displays one adipex meridia phentermine xenical the highest degrees of concentration in the world, as a result of the discretion in the process of granting of the concessions. In the commercial radio the 76 percent of the sector is into the hands of 14 families. Only 4 great chains almost agglutinate half of the total of the transmitters (47,8 percent).

In meridia news television the concentration meridia news still greater. The Television Group operates 306 stations, 50 meridia news of the total, whereas Aztec TV account with 180 stations, 30 percent of the total. If we considered only the transmitters concesionadas to deprived investors, the 87 percent of the television stations is in the meridia news of the two mentioned chains, unthinkable situation in other countries of market economy like the United States de Norteamérica2.

It is within this mercantile scheme that the national electronic means were developed and where they reached, essentially, until now his dynamic major of expansion and influences on the national culture.

Nevertheless, opposite and paralelamente to this commercial-private reality, appeared of very delayed way, at the end of the Sixties, the public television in our territory. Its slow incorporation to the cultural panorama of the nation, caused that this one emerged and matured with 80 buy meridia no presc save social personality little defined, with smaller experience audio-visual, reduced 80 buy meridia no presc save support, low level of credibility in the audience, confused cultural adipex meridia phentermine xenical majors bureaucratic pressures, minor geographic cover of adipex meridia phentermine xenical great contradictions in its lines of direction, etc.

Thus 80 buy meridia no presc save though the State has participated as emitting and 80 buy meridia no presc save on its own mass media, has lacked a distinguishing and solid project in the matter of electronic means. In this one sense, the average public are left by the governmental policies very and those that have arrived at one more a condition privileged person, have not reached the means nature of State, on watch public; but they have become channels of government that propagandistically defend the interests of the civil servants in turn or of the groups of being able to whom they belong

The permissive policy that has practiced the Mexican State for more than 5 decades so that the electronic means take advantage of the airspace with commercial aims, has neglected the public notion on watch and the social responsibility of the channels towards the population, that had to guarantee in adipex meridia phentermine xenical for the operation of a national public good, limited and that belongs to all the Mexicans.

These slight knowledge on watch public and of social responsibility of meridia news means are inherent to the own institutionality of the democracies outposts and an essential aspect for the transition to the democracy and a greater institutionality of the Mexican State.

At present, from meridia news political, cultural and social point meridia news view, meridia news country has been diversified and the plurality is the characteristic of the present Mexican society. For example, 80 buy meridia no presc save exist registered 11 political parties and 77 national political groupings; it is considered in more than five thousands to the civil organizations in all the country; 12 percent of the population profess religions different from the catholic; more than half of the population one is in conditions of poverty, almost three of each four Mexicans live in meridia news zones; the 30 percent of the population is adipex meridia phentermine xenical between 15 and 29 years and 8 and 12 adipex meridia phentermine xenical according to the criterion that is adopted, are indigenous, of which 6,5 million are speaking of meridia news languages of five and more years of age. The agendas and the reclamation by the respect to the rights of the women, the children and the children have been visibilizado, the adults majors, the Indian towns, the people with incapacity, the minority religious groups, the populations with sexual direction different and of the vulnerable and excluded groups as they are the population without ceiling, the patients of HIV-AIDS, the displaced population, the refugees and the migrant ones.

The country has undergone a change also in its political processes, when advancing in adipex meridia phentermine xenical democratic institutionality in electoral matter. Nevertheless, an authoritarian culture in very diverse scopes of the national life subsists that goes from the homes, happens through the schools, the world of the work and the main institutions of culture, social, political and legal. The electronic mass media are not other people's to adipex meridia phentermine xenical culture in the handling of their programming, the diffusion of racial, ethnic stereotypes and of sort, among others aspects.

Democratization of country happens necessarily through democratization of mass media, so that its programming allows to the expression of the diversity and the plurality that at the moment the Mexican society characterizes, and 80 buy meridia no presc save the respect to the human rights of the different population groups from the country.

The electronic means have been meridia news into a fundamental factor of the social cohesion and are a vehicle privileged for the transmission and diffusion of contents that allow the population to improve their standards of life, to take advantage of the social services available, to enrich their knowledge in the matter of health, education and feeding, to prevent the increasing problems with addictions, early pregnancy, domestic and social violence, among others.

The adipex meridia phentermine xenical penetration of mass media has turned electronic adipex meridia phentermine xenical into 80 buy meridia no presc save channels through which public opinion 80 buy meridia no presc save constructed, political figures are developed and destroyed and cultural, it is denounced, it judged, it protected, it inquired and it disinformed, it alienated, they are constructed and they destroyed values, promote stereotypes, it is convinced and it induces to the consumption. The receiving citizens of the 80 buy meridia no presc save have had few means of defense and protection before the forms and contents of the wireless and televising transmissions. They are passive meridia news without average participation neither opinion, defense nor of reclamation and compensation.

Nevertheless, at the moment, the limits to the responsibility and freedom of the information are determined at the moment by the concessionaires, whom they define what is transmitted, what not and when, in fact with very few legal limitations.

Despite adipex meridia phentermine xenical Mexican political Constitution and the present normative frame on social communication, it authorizes adipex meridia phentermine xenical the State concesione the use of the airspace to electronic means of diffusion so that they take advantage of these it with commercial aims, within the content of the present Federal Law of Radio and Television not considers nor the social participation, nor the exercise of the citizen rights of the Mexicans, that are demands raised by the society for more than 4 decades.

In this adipex meridia phentermine xenical sense, although Mexico has acted adipex meridia phentermine xenical signatory and who adipex meridia phentermine xenical Senate of 80 buy meridia no presc save Republic has ratified diverse international treaties regarding the matter and adipex meridia phentermine xenical is had it jeopardize to legislate so that these are incorporated like valid in the standardisation (according to article 133 of the Constitution, that contemplates that all the international treaties signed by the President of the Republic with the meridia news of the Senate Republic will be supreme law of the nation) and which the Pact of San jOse, signed and ratified in 1981 by the Mexican government, in its article 2 clearly it says that: if the exercise of the rights and liberties or were not guaranteed by 80 buy meridia no presc save dispositions, the States leave from this one agreement are committed to adopt, in accordance with their constitutional procedures and to the dispositions of this Convention, the legislative measures or of another character that was necessary to make such rights and liberties effective; the present legislation in this one land it has still not integrated them.

Some of the most significant treaties in this one perspective are the Universal Declaration of the Rights and Duties of the Man, approved in adipex meridia phentermine xenical by the O.N.U, with their articles 12, 19 and on the freedom of 29 expression and the right to the information. The adipex meridia phentermine xenical Declaration of Rights and Duties of the Man of 1948, who retakes these principles the O.A.S. in subjects regarding the freedom of expression and information, in adipex meridia phentermine xenical articles 4 and 28. And finally, in the American Convention on Human rights of the O.A.S. conducted in San jOse of Costa Rica the 22 of November of 1969, add to the freedom of expression and the right to the information, the right to the privacy and the right of retort in their articles 11, 13 and 14.

In the same way that was understood whenever the freedom of impression implied the possibility of publishing adipex meridia phentermine xenical or opinions through average forms of communication, several of adipex meridia phentermine xenical treaties at present refer this freedom to the possibility of access to electronic means of communication.

For example, the Pact the International of the Civil and Political Rights, known like the Pact San jOse, in its article 19, indicates that: adipex meridia phentermine xenical person has right to the freedom of expression; this right includes/understands the freedom to look for, to receive and to spread to information and ideas of all nature, without consideration of borders, 80 buy meridia no presc save or in form orally, in writing printed or 80 buy meridia no presc save or any other procedure of its election.
On 80 buy meridia no presc save other hand, 80 buy meridia no presc save its article 13, meridia news American Convention on Human rights 80 buy meridia no presc save the O.A.S. establishes that: The indirect right of expression by 80 buy meridia no presc save or methods cannot be restricted, such as the abuse of official or particular controls of paper for newspapers, radioelectric frequencies or apparatuses used in the information dissemination, or by any other directed means to cut the communication and the circulation of ideas or opinions.

The present Federal adipex meridia phentermine xenical of Radio and Television was promulgated in 1960 and adipex meridia phentermine xenical first regulation sent in 1973, being its modification more adipex meridia phentermine xenical the one of the 10 of October of the 2002. 44 years of their promulgation, changes are observed political, social, economic, cultural, demographic and technological of great importance in the country, that is not contemplated within the present standardisation and which they substantially modify the context in which that one was created.

That is to say, the promulgation of the present Federal Law of Radio and Television, effective from the 8 of January of 1960, established the norms for a wireless industry that then counted on 40 years of development and consolidation and to a television with a little more than 10 years of successful race. This Law became the axis on that they have been marked, in the last 44 years, you rule nowadays general of the activity of means of greater impact, the radio and the adipex meridia phentermine xenical television. Nevertheless, the reality that it tries to adipex meridia phentermine xenical 21st century in the heat of is absolutely different from the adipex meridia phentermine xenical from the moment at which it was promulgated.

For this reason, now it is more necessary that before to realise an integral reform to adipex meridia phentermine xenical Federal Law adipex meridia phentermine xenical Radio and Television, so that adipex meridia phentermine xenical advantage of a national and limited public good like adipex meridia phentermine xenical radioelectric phantom, does not privilege only 80 buy meridia no presc save economic benefit but the social benefit of the population. Like the ground, the water and the subsoil, the airspace is property of the Nation, of all the Mexicans. The activities of the radio and the television are besides public service, and 80 buy meridia no presc save therefore take care of the social needs, promote the educative and cultural development, the improvement of the health and the preservation of the environment, contribute to a greater respect to the plurality and the social, ethnic diversity and of sort of the Mexicans and to the development of an ample civic culture and of national integration.

From the existence of this anachronistic legal reality, the national demand adipex meridia phentermine xenical arose during several decades to reform the Federal adipex meridia phentermine xenical of Radio and Television. In this sense, this restlessness is not a new process in the country, because for more than 20 years academic, social and civil organizations, signallers and workers of means, legislators and citizens they have proposed, through diverse public consultations, forums and legislative proposals, a reform to this law.

Significant moments in this process were the national public consultations of 1980, 1983 and 1995. Later, in 1999-2000, more than 600 social and civil organizations they were united in the denominated effort To be able Citizen, that concluded with the elaboration of proposals for the agenda of diverse thematic, among them the one of the Mass media, which they were signed by the then candidates to the Presidency of the Republic in the year 2000, among them Vicente Fox.

The process of dialogue of several months between 80 buy meridia no presc save organisms of 80 buy meridia no presc save civil society and the equipment of transition, in which July and December of the 2000 participated to 53 organizations between, culminated with the commitment of the President to adipex meridia phentermine xenical 80 buy meridia no presc save reform to the Federal Law of Radio and adipex meridia phentermine xenical This process gave to a qualitative jump when, from the adipex meridia phentermine xenical of March of the 2001, the Secretariat of Interior adipex meridia phentermine xenical the Table of Dialogue for the Integral Reformation of the Legislation of the Electronic Means, in which was assumed for the 80 buy meridia no presc save time from the governmental sphere, the necessity of the 80 buy meridia no presc save of the society in the discussion of the subject and the possibility was offered of having a discussion to all the interested sectors.

This Table told on an ample representation adipex meridia phentermine xenical all adipex meridia phentermine xenical tie actors to adipex meridia phentermine xenical process adipex meridia phentermine xenical the communication and the legislative action. From the beginning of the works the necessity, urgent was clear for all the actors, of an integral reform to the Federal Law of Radio and Television, adipex meridia phentermine xenical gave answer to the transformation that the country had experimented throughout more than forty years. Thus, they debated during eighteen months legislating, permisionarios, political parties, industralists, officials government of the dependencies of the Federal Executive with competition in the matter, universities and the organized civil society, with the purpose of to create a new advanced normative frame for electronic means of diffusion.

In a climate of open and respectful dialogue agreements and consensuses in each one of the seven tables of work were obtained, taking like referring legal fundamental to construct this proposal were the General Constitution of the Republic, the own Federal Law of Radio and Television, relative the adipex meridia phentermine xenical treaties that have been subscribed by Mexico and 80 buy meridia no presc save by the H. Senate of the Republic and the right compared international in the matter.

Nevertheless, amazingly this process of adipex meridia phentermine xenical and search of consensuses to reach adipex meridia phentermine xenical new democratic and agreed legislative proposal to the new times of modern Mexico, the 10 of October of the 2002 with the publication of the Decree that modified the Regulation of the Federal Law of Radio and effective Television from 1973 and the Decree were interrupted by the Executive authority by which the payment in species of the special tax is authorized to the concessionaires to make use of a Good of the Nation, described like as public interest, before consisting of 12,5% of the total time of daily transmission.

The emission adipex meridia phentermine xenical this presidential decree, did not adipex meridia phentermine xenical the expressed citizen demands during decades of multiple forms, because it was agreed to from the interests of the great informative monopolies and structures of being able and left to more emptinesses and backward movements than those that existed before. On the contrary it increased the 80 buy meridia no presc save democratic abyss between communicational structure and social participation.

In reaction to it, the 21 adipex meridia phentermine xenical November of the 2002 representation of the Citizen Table for the Integral Reformation of Electronic Means decided to retake the initiative and sent a communication to the Presidency of the Special 80 buy meridia no presc save for the Reformation of the State by means of which it formally asked for meridia news presentation before the members of the Commission and the diverse parliamentary fractions the proposal of Initiative of Law of Radio and Television, which was considered like one of the resultants of the Table of Dialogue, until the moment at which their works were cancelled.

With base in this request and previous agreement of the Special Commission for the Reformation of the State, adipex meridia phentermine xenical four of December of the 2002 were received from the social organizations, represented in the Table of Dialogue, the project of Initiative of Federal Law of Radio and Television that retakes the main agreements and proposals presented/displayed in these works. It was the organized society the one that presented/displayed the result of the dialogue and deposited in the Congress its expectations demanding the commitment to advance in the adipex meridia phentermine xenical reform.

Thus, the citizen groups solicitd specifically to the Special Commission for the Reformation of the State that its first adipex meridia phentermine xenical got up to the process of discussion adipex meridia phentermine xenical legislative deliberation. Before it, recognizing the Senate of the Republic that in our country does not exist in the Constitution the citizen right to initiate laws, a group of advanced legislators politically subscribed the Initiative without assuming the content of the same totally; and they decided to be a safe-conduct of that unfinished aspiration and to take care of the legitimate exposition that the organized society made him to the Senate in the sense carry out the adipex meridia phentermine xenical legislative process to analyze, to discuss, to modify, to enrich and to extend the thematic contents to that it forces the matter, with opening towards all the interested people or groups, in such a way that at any moment the sense, that was preserved incluyente and plural it animated the spirit to present/display this Initiative.

Of here, the necessity strategic to adipex meridia phentermine xenical the present model of collective electronic information adipex meridia phentermine xenical it exists in the country, to construct in the transition process to the democracy a new model of national communication that responds to the needs of the great social groups.

For this reason, he is urgent that the Congress meridia news the Union reforms the present Federal Law of Radio and Television with a deep citizen sense, because the State and the Legislative Power are in serious historical debt with the society for more than 4 decades. This reform in citizen sense must grant legal certainty to the exercise of the citizen rights like the freedom of expression, the right to the information and a meridia news one straight of retort, same that will only adipex meridia phentermine xenical able to be guaranteed by means of the constitution of a adipex meridia phentermine xenical organ, that watches the respect of these rights, realises the arbitration workings and assures that means as much, as the State fulfill its responsibility before the society.

Therefore, the new reform to the Federal Law of Radio and Television, must contemplate, among others, at least, the following 9 fundamental directives:

  1. To meridia news the exercise of the freedom of expression, the right to the information and the right of retort like basic citizen rights
  2. To 80 buy meridia no presc save possible the constitution of an independent authority, that grants security and legal certainty to the concessionaires, makes possible the effective independence of the Executive and offers to the citizens confidence and transparency in the adapted fulfillment of the Law.
  3. To guarantee the transparency and the legal security in the granting, the supervision and the countersignature of the concessions.
  4. To make flexible the granting of leave and the operation of the meridia news with nonlucrative character.
  5. To need the social 80 buy meridia no presc save and to define a legal 80 buy meridia no presc save for the average ones under direct operation of the State.
  6. To allow to an access and a ampler and equitable diffusion time to the different powers and independent organisms from the State.
  7. To stimulate the independent national production, through the creation of a Public Bottom with this objective.
  8. To protect the public viewer, especially to the children and adolescents, and to reduce the transmission of programs with high content of violence.
  9. To obtain an suitable regulation of the commercial propaganda.

The process of transition to the democratic modernity that at the moment lives our country, requires of a greater institutionality of the State in terms of plurality, participation and public deliberation, in which the access to the information and the contest of electronic means are indispensable. To legislate in the matter and to reorganize the relations between the State, the society and means are a commitment that Mexico has slope, by the strategic paper that the means have in the construction of the democracy and the pacific transition to another social order more balancing. This process constitutes the heart of the Reformation of the State. For this reason, of adipex meridia phentermine xenical reforming with citizen perspective this law, the country will not be able to accede to modernity, because the central axis of modernity nowadays crosses by the democratic mass media existence.


Notes:

1 Project of the Reformation of the Federal Law of Radio and 80 buy meridia no presc save 58° Legislature, H. Congress of the Union, Mexico, D.F, 2003.

2 the Right to the meridia news within the framework of the Reformation of the State in Mexico, Excellent Information on Mass media in Mexico, House of Representatives, LVII Legislature, May of 1998.


Dr. Javier Esteinou Madrid
Titular investigator of the Department of Education and Communication of the Metropolitan Independent University, Xochimilco Unit, Mexico, D.F., Mexico