Ecuador: Media filed a lawsuit of unconstitutionality regarding betting advertising

Their request is that the high court review article 56 of the regulations of the Communication Law and the seventh general provision, which were approved by President Guillermo Lasso. The first is the prohibition of advertising of the sports prediction business in the media and, the second, is about the automatic renewal of frequencies. Guarderas, representing several media outlets, explained that these two articles commit violations of fundamental rights such as the right to develop economic activities and equality and not to have discriminatory treatment.

"I think there is a contradiction on the part of President Lasso, on the one hand he issues a law to strengthen the family economy in which he determines that the activity of sports forecasts is legal and licit and creates a tax, and later when he issues the regulation of Communication issues a prohibition on the advertising of these sports forecasts," explained Guarderas, who also pointed out that the advertising of sports forecasts is carried out in digital media "which are not regulated by the Communication Law or by the regulations, for Therefore, discriminatory treatment occurs.”

Clubs in suspense over the law against the sponsorship of betting houses

For his part, Francisco Rocha highlighted that the unconstitutionality claim will allow the Constitutional Court to analyze what is a traditional means of communication and what is an alternative one. He said that more than 90% of the media make their living from advertising, so a ban on these companies from advertising could affect their economy. “Through the regulations and reforms to the law, the government that arrives, since all the media and journalists are a thorn in the side of whoever governs, tries to restrict and in this case suffocate the media economy,” said Rocha.

Regarding the demand regarding frequencies, Rocha explained that the Constitution determines that the concessions of radio and television frequencies must be made through a contest, but currently they have been renewed automatically.

“The Constitution tells us that there must be democratic and equal access for all people to the radio spectrum. But we see now that an exceptional mechanism is applied that is not provided for in the law,” Guarderas stressed. The jurist said that he hopes that the Constitutional Court orders the suspension of these articles, since now there is an impact on legally constituted communication companies.