"Made in Ecuador" advertisement and other restrictions against the freedom of the press and publicity since enacting the Organic Law on Communicaction

Abstract

The Organic Law of Communication, which was enacted on June 25 2013, establishes new provisions in terms of advertising. In this sense, the law determines that all advertisement that is broadcasted in Ecuador must be produced by Ecuadorian individuals or corporations. However, the scope of the word production is unclear. Thus, this paper seeks to determine whether or not the aforementioned provision is also applicable to the creativity stage. Moreover, proportionality between the new provisions and their intended purpose promoting domestic production will be analyzed. The paper will also evaluate the potential violations of fundamental human rights that could derive from applying this new legal framework. Finally, this study will discuss the possible repercussions and violations of widely recognized intellectual property rights.