38 those requesting access to the frequencies and society’s right to receive a plurality of information pursuant to Article 13 of the American Convention depend on this decision. Effectively, on allocating frequencies, the State decides which voice the public will be able to hear in the years to come. As a consequence, this process defines, among other things, the conditions under which the democratic debate necessary for the informed exercise of political rights will be carried out, as well as the sources of information that will allow each person to make informed decisions on their personal preferences and 145 prepare his or her life plan. 122. The rights in play demonstrate the enormous importance of the process of allocating licenses. It should be recalled that both the Convention in Article 13(3) and the Declaration of Principles on Freedom of Expression of the IACHR in its Principal 13 make explicit reference to the need to prevent this process from becoming a mechanism for the indirect restriction of freedom of expression. Regarding this, the Declaration of Principles establishes the following: The exercise of power and the use of public funds by the state, the granting of customs duty privileges, the arbitrary and discriminatory placement of official advertising and government loans; the concession of radio and television broadcast frequencies, among others, with the intent to put pressure on and punish or reward and provide privileges to social communicators and communications media because of the opinions they express threaten freedom of expression, and must be explicitly prohibited by law. The means of communication have the right to carry out their role in an independent manner. Direct or indirect pressures exerted upon journalists or other social communicators to stifle the dissemination of information are incompatible with freedom of 146 expression . 123. For this reason, the process of allocating and renewing concessions must be strictly 147 regulated by law, characterized by transparency , and guided by standards that are objective, impartial, 148 clear, public, and compatible with a democratic society. Likewise, the proceeding for awarding a license must be surrounded by sufficient guarantees against arbitrariness, including the obligation to provide justification for a decision granting or denying the request, as well as to provide adequate judicial 149 oversight of the decision. 145 IACHR, Office of the Special Rapporteur for Freedom of Expression. Freedom of Expression Standards for Free and Inclusive Broadcasting OEA/Ser.L/V/II IACHR/RELE/INF. 3/09. December 30, 2009, paras. 60-61. Available at: http://www.cidh.org/pdf%20files/Estandares%20para%20radiodifusion%20incluyente.pdf 146 IACHR. Declaration of Principles on Freedom of Expression, http://www.cidh.oas.org/relatoria/showarticle.asp?artID=26&lID=2. Underline added. Principle 13. Available at: 147 Joint Declaration on Diversity in Broadcasting. December 12, 2007. In the same sense, the Committee of Ministers of the Council Of Europe found that, “13. One of the essential tasks of regulatory authorities in the broadcasting sector is normally the granting of broadcasting licences. The basic conditions and criteria governing the granting and renewal of broadcasting licences should be clearly defined in the law.” And that: “14. The regulations governing the broadcasting licensing procedure should be clear and precise and should be applied in an open, transparent and impartial manner. The decisions made by the regulatory authorities in this context should be subject to adequate publicity. Council of Europe. Committee of Ministers. Appendix to Recommendation Rec(2000)23 of the Committee of Ministers to member states. Rules 13-14. December 20, 2000. Available at: https://wcd.coe.int/ViewDoc.jsp?Ref=Rec(2000)23&Language=lanEnglish&Ver=original&Site=CM&BackColorInternet=9999CC&Bac kColorIntranet=FFBB55&BackColorLogged=FFAC75. 148 In this sense, the Committee of Ministers of the Council of Europe has recommended that the "regulations governing the broadcasting licensing procedure should be clear and precise and should be applied in an open, transparent and impartial manner. The decisions made by the regulatory authorities in this context should be subject to adequate publicity.” Recommendation Rec(2000)23. Committee of Ministers of the Council of Europe. December 20, 2003. para 14. 149 IACHR, Office of the Special Rapporteur for Freedom of Expression. Freedom of Expression Standards for Free and Inclusive Broadcasting. OEA/Ser.L/V/II IACHR/RELE/INF. 3/09. December 30, 2009, paras. 60-61. Available at: http://www.cidh.org/pdf%20files/Estandares%20para%20radiodifusion%20incluyente.pdf. In the same way, the European Court of Human Rights has understood that as “regards licensing procedures in particular, the Court reiterates that the manner in which the licensing criteria are applied in the licensing process must provide sufficient guarantees against arbitrariness, including the proper reasoning by the licensing authority of its decisions denying a broadcasting licence.” Meltex Ltd. & Mesrop Movsesyan v. Armenia. Judgment of June 17, 2008, para. 81. Available at: http://cmiskp.echr.coe.int/tkp197/view.asp?item=1&portal=hbkm&action=html&highlight=Meltex&sessionid=39882418&skin=hudocen.

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