Community radio stations have had a difficult time in Latin America in the last four years. In Mexico, Brazil and Chile, community radios have been penalised for operating without a government license, according to Aleida Callejas, local director of the World Association of Community Radio Broadcasters (AMARC Mexico). In Mexico, the authorities have began using a 2004 law that protects the country’s patrimony or “Ley de Bienes Generales” to punish community radio stations that operate without a government license with prison sentences and fines. This move has been criticised by both the Organisation of American States and the United Nations Special Rappourteur for Freedom of the Press. The new law, which applies its article 150 to community radios, is more draconian than the Radio and Television law used in similar cases in the past.

The case of Hector Camero of Radio Tierra y Libertad in Monterre is the most recent example, Canero was sentenced to two years in prison for operating his station. His case will probably be appealed before the country’s Supreme Court. “The law is draconian” says Callejas.

The debate over whether community radios are legal has been argued robustly across Latin America. In Mexico, promoters argue that they serve underrepresented communities, including indigenous areas. Several community radio stations have eventually managed to obtain operating licenses, a move criticised by commercial networks, who argue that their business is being affected by unlicensed pirate stations. Callejas worries that now, the commercial radio stations are pressuring regional governors across the country to follow the Canero’s example and penalise community radio projects.