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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.
Burundi’s state-run media regulator, the National Communications Council, suspended a popular talk show on Monday (25 April) after a caller accused the President of wrongdoing. The show, Kabizi, was ordered off the air for an initial four-day period. The caller insinuated that the President had committed war crimes during Burundi’s civil war, the show’s host had immediately stopped the caller and asked him to refer his allegations to the Burundi Truth and Reconciliation Commission.
The Thai government forced the closure of 13 radio stations on Tuesday (26 April) and issued them with court warrants for broadcasting a speech by an opposition leader in which the monarchy was criticised. In Thailand, Les majeste, or offence against the monarchy, carries a maximum sentence of 15 years in prison. It is as yet unclear whether the stations will face such a charge. According to rights organisations most of the sanctioned stations are openly aligned with the opposition. Local reports have also claimed that police plan to raid additional radio stations.
Community radio station have grown more popular in Mexico in the last few years creating conflicts with private radio networks. It is expected new laws which will either expand or retract the operating room for these low wattage radio stations will be included in an upcoming revision of television and radio legislation in Mexico. In the last few months, private radio station owners have lobbied the Mexican Congress about the increasing popularity of the community radio stations.
In early April, the Chamber of Deputies organised a forum on the challenges posed by the community radio movement, which was attended by both friends and foes of the community radios. During one of the panels at the event, representatives of Mexico’s Radio and Television Chamber (CIRT), which represents major radio station owners, asked the Mexican government to ensure there was no uneven competition between private radio stations and community radios. Emilio Nassar of the CIRT said that after subsidies, the community radios could be better situated economically than the private for profit stations.
Nassar insisted that “the independence with which the industry works today in Mexico, allows plurality, content diversity and editorial autonomy. Everything can be said on radio”. So why are the community radios necessary, he asked rhetorically.
Back in December 2009, radio station owners used a full page newspaper advertisement to argue that permitting the operation of community radios could produce a Chavez-style government in Mexico. A claim rejected by AMARC-Mexico, an NGO that promotes community radio. Community radio stations have been targeted by politicians in the regions too. In January, the government of Veracruz detained a radio director for operating his Radio Diversidad without a license. A detention that prompted the Human Rights Commission for Mexico City to express concern about the “criminalisation of community radios”. A fear echoed by many working in community radio as politicians debate their future.