MAPPING DIGITAL MEDIA GUATEMALA

Renata Avila (lead reporter) y Alejandra Gutirrez Valdizn (assistantreporter)

OPEN SOCIETY FOUNDATIONS, noviembre2013

Regulation and public policies for digital television

Technical Standards
There was no public debate on the adoption of technical standards for platforms that carry news for the digital switch-over. While there were early public discussions in the government, especially with the president himself and the Minister of Foreign Affairs, on the standards to be adopted when the digital switch-over takes place, the decision of the Ministry of Telecommunications to opt for the Brazilian standard, via a Ministerial decree, came as a surprise. The administration of President Alvaro Colom Caballeros had been exploring the possibility of adopting the ISDB-T standard, with technical assistance from Japan, following in the footsteps of Venezuela, Costa Rica, and Nicaragua. The Japanese standard was also being considered by the new administration of President Otto Prez Molina. The Minister for Foreign Affairs, Harold Caballeros, discussed the adoption of Japanese ISDB-T standards for terrestrial digital television in March 2012 during an official visit to his counterpart in Japan. He said that Guatemala was leaning toward this standard, but that it would take time to make the final decision. However, the government did not hold a public consultation process with all the relevant stakeholders for the digital switch-over, and it refused to release public information requests for all the details on its plans. On 30 May 2013, without any prior announcement, Ministerial Decree 226-2013 signed by the Ministry of Communications, Infrastructure, and Housing, stipulated that Guatemala would adopt the ISDBTb standard for the digital switch-over, taking into account the geography and needs of Guatemala and that service providers shall gradually switch their transmissions to the new standard. The schedule will be announced in the future. Gatekeepers Digital broadcasting via satellite dishes in Guatemala is only accessible to a limited number of homes in Guatemala and there are no problems yet related to gatekeepers in digital broadcasting.

Transmission networks
There has been no interference by transmission network operators in the distribution and use of the spectrum.

Access to the transition

There are no legal provisions on the digital switch-over yet, and as a result any subsidy or cash transfer relatedto the process is not on the agenda. There are no coordinated efforts or clear steps from the public andprivate sectors to prepare for a digital switch-over.President Otto Prez Molina announced in April 2013that SIT had proposed a digital switch-over plan but it has not been published. The SIT website does noteven include basic information about the

change.However, it was reported that the relevant sectors willbe consulted about the standard to adopt. Private companies are already providing digital services, such assatellite television and digital radio services, and they are subsidizing their urban, middle-class consumers. But while old devices are not problematic and most television sets are ready to receive a digital signal, fewhomes can afford the pay services of digital television.Limited coverage of telecommunications infrastructure in rural areas, low wages, poorly developed urbancenters outside Guatemala City, and a limited public sector budget will probably widen the digital divide. Equality and social justice might be a problem during the digital switch-over process, a collateral effect ofa highly concentrated media ownership and the failure to tackle it, an easily corruptible Congress, and acivil society lacking awareness of the potential gains of popular participation in the digital switch-over. Civilsociety is not organized to push for a more inclusive procedure, as was evident during the obscure process toapprove recent reforms regarding spectrum licenses.

Support for access to receivers

There are no public subsidies and no plans to grant subsidies to make digital television accessible and availablefor the poor. Furthermore, there are no precedents for subsidies on reception equipment by the public sector. The only ICT subsidy, FONDETEL, aims to increase telephony access in rural areas, but market forces weremore effective than subsidies in this regard. Now all rural areas are connected by mobile phones and ruralusers are acquiring smartphones and mobile USB modems, allowing them to connect to the internet.

Digital TV regulation and public interest

The Guatemalan Constitution of 1985 dedicates a chapter to the freedom of expression and the role of mediain the state. Article 35 states that the expression of thought through any mass medium without censorshipor prior permission is free. This constitutional right cannot be restrained by law or any governmentalprovision. Furthermore, it adds that the activity of the media is of public interest and in no case may thelatter be expropriated. The authorization, limitation, or cancellation of concessions granted by the state topersons cannot be used as elements of pressure or duress to limit the exercise of the freedom of expression. While information and the activity of the media in Guatemala is not a public service, it is considered anactivity of public interest, as was ruled by the Constitutional Court in 2004 after the National Chamber ofBroadcasters challenged a regulation which attempted to restrict, intervene in, and expropriate the media. The Court ruled that the only limitations to media activity in the country should be the Constitution andinternational treaties on human rights.Despite this general framework, and even though the plan for the digital switch-over is yet to be made, neitherits design nor its implementation is likely to serve the public interest. In fact, the lack of a specifi c plan toundertake the digital switch-over is a way to delay the change that might break the existing monopoly in thefree-to-air television sector. To this end, in February 2011 a group of congressmen presented a new proposalto modify two articles of the Telecommunications Law

that will allow the free-to-air television monopoly torenew its licenses for up to 20 years, a proposal that was hastily approved by Congress in November 2012.

Social participation in digital TV policies

There is no precedent regarding consultation over media policy in Guatemala. However, the TelecommunicationsLaw provides that any project to change legislation must be public and open to discussion and suggestionsby the people at least one month before its implementation. Civil society is not sufficiently organized,and while there are mechanisms to ensure participation in local and national decisions from every sector ofthe population, these are not yet fully operative, and the civil society counterbalance and representation providedby the Urban and Rural Development Council Lawis limited.

Digital Licensing
The licensing of digital television stations has not started yet in the country. Newspapers and news outlets donot need a license to operate, and requiring a license will be against the Guatemalan Constitution.

Digitization of public service media

Since the process of digitization of legacy media has barely started in Guatemala, existing public media serviceshave not been affected by it. However, after the enactment in 2008 of the Access to Public Information Law,Decree No. 57-2008, the central and local governments must provide websites and open platforms to sharecontent, exchange opinions, and interact with citizens. The law aims to guarantee the transparency of publicadministration and the right of all persons to request and have free access to public information. The lawis based on the principle of maximum publicity (Article 3.1) and the obligation of transparency in publicadministration (Article 3.2). The law requires all public and private entities that receive public funds torespond to citizen requests for information on their operations and administration of resources. Also, theyare obliged to update their websites on a monthly basis. In general, the amount of digital services has increased over the past five years, with government offices usingsocial networks and websites, and churches and NGOs actively using digital video tools to spread their ideas. An example was Presidential Dispatch, a televised weekly dialogue between the head of state and citizensbroadcast on up to 40 commercial local radio stations at a time, livestreamed on the internet, and sharedin social and mobile networks. Citizens could call the president live, send text messages, call their localradio station or send a message via diverse social networks. However, the show ended with the arrival of theMolina administration, only to be revived recently. President Prez Molina announced the program wouldbe relaunched and rebranded under the name Hablemos con el Presidente (Lets talk to the President) and bebroadcast in the most-viewed free-to-air television channel, Canal 3, during prime time every Tuesday night. This decision breaks with the previous approach of increasing the robustness of local media. The presidentsdecision to broadcast his show on the monopoly network is telling.Local governments are also trying to enhance their connections with communities. Many local authoritieshost and produce shows for cable television. More government and public service

agencies are using socialnetworks and mobiles as information channels, which is leading to a more interactive, participatory processin general. As an example, during a storm and volcanic eruption in 2010 in Guatemala City, in a region withbetter connectivity, the authorities used SMS, Facebook, Twitter, and collaborative Google Maps to informcitizens about the location of shelters, the most affected areas, damage to the infrastructure, and updates ontraffic restrictions and closed schools. An interesting case is the sophisticated use of social tools by Protestant churches. Casa de Diosand itsleader, Cash Luna, have special apps to share their activities and discourses for both iPhonesand Androidbasedsmartphones. With up to a million followers on Facebook,their social media and communicationstrategies are as successful, if not more so, than those of any news outlet in Guatemala, with followers spreadall over Latin America. The Catholic Church is similarly effective: in addition to broadcasting a daily mass service on its televisionchannel and its chain of radio stations, it maintains a vast presence on social networks and has made gooduse of websites to broadcast important events to the Catholic diaspora, such as Holy Week in Guatemala.

Government Support to public digital TV

There is little or no support from the government to promote and fund community and public interestmedia outlets through legislation or financial support. The reform brought by the Telecommunications Lawof 1996 left an empty space, a legal limbo, where the issue of Community Radio and Public Television wasnever discussed. As a result, the costs of commoditizing the radio-electric spectrum fell disproportionately on Guatemalasindigenous population.A system rewarding those who can pay the highest price distorted the freedom ofspeech ecosystem, creating media oligopolies and criminalizing any attempt to start a radio news outletfor community purposes. The lack of a legal framework regulating community media is the second mostimportant problem that needs to be addressed. The current legal framework rewards those who can pay thehighest price, and takes no account of social, geographical, or ethical circumstances. The few polices or government plans to address the issue have been largely ineffective. The problem of socalledpirate radio stations was addressed by the Executive branch,but this solution was widely rejected bymembers of civil society as well as by the affected parties. In general, community radio is increasingly gaining importance for indigenous peoples and varies both informat and system of distribution. Pirate radio stations are filling essential gaps of the media landscape, wheredemand is not covered by commercial or state media; the content is focused on the community instead ofon the individual, as well as the long tradition of deliberation within Maya community life in their locallanguages, helping community identification and the transmission of culture through language. This illegalsector is often seen as a public service in rural Guatemala; however, for the business sector it is a threat, ascommunity radios often interfere with their frequencies. The office of the Attorney General has a special unitto prosecute pirate radio stations, which is active in conducting raids, seizing of equipment, and bringingcriminal charges against community radio broadcasters. As the phenomenon continues to spread, the only solution offered by the authorities is to criminalize the radiostations. There are more than 270 community radio stations in Guatemala, broadcasting in 23 indigenouslanguages (in contrast, commercial media outlets all broadcast in Spanish). Most of these stations do not holdthe rights to use frequenciesthey

simply occupy themwhich leads to interference in the transmission ofother signals. However, without the stations, citizens, especially indigenous peoples, would be deprived of avital tool for communication. According to Alfonso Gumucio, some 80 community radio stations, mostlylocated in poor Mayan villages, have been declared illegal. A Community Media Actsubmitted to the Guatemalan Congress in August 2009 limited the footprint ofcommunity radio on the municipal level to a radius of only 2.5 kilometers and to the FM band. The draftlaw, if enacted, would have allowed a low-watt radio frequency for non-profit community radio in each of the333 municipalities in Guatemala. The Congressional Commission on Telecommunications has yet to makea pronouncement on the Act. While online tools are helping the state and public service media to communicate with the majority of thepopulation, including the young, they are not improving access to media by those living in extreme poverty(who cannot afford access) and by the elderly. There have been no studies on the digital divide in Guatemala,but evidence shows that media in general are innovating to create new digital tools assuming a level ofreadiness in users, while ignoring groups in society unprepared for the transition. But there are some exceptions, led by local governments providing free wireless internet in public spaces. Themost relevant example is the Municipality of Pachalum,where key areas of the town and information kiosksare connected to the internet so that people can access information in their own language. Pachalum won anaward as an Ibero-American pioneer for digital cities in 2010a distinction conferred by the Ibero-AmericanAssociation of Research Centers and Telecommunications Companies (AsociacinIberoamericana de Centrosde Investigacin y Empresas de Telecomunicaciones, AHCIET). Antigua Guatemalaand Quetzaltenangoarethe two other cities with large populations and active plans for achieving digital inclusion via public wirelessspaces, while more local governments are improving their infrastructure to improve connectivity. This mightbe considered a first step in helping digital media develop through the provision of infrastructure that willenable citizens to read previously inaccessible information. However, institutional support for journalists is very limited. The state organized some training for ruraljournalists on how to use digital tools, and the allocation of official propaganda in small news outlets helpedto promote local websiteswhich aroused the anger of traditional media outlets. While there are no public media, in the strictest sense, communities constantly give donations to increase thepenetration of religious radio and news outlets. There are no programs to increase digital literacy or improvethe access to broadband internet.

Public service media impact

As described above, the state media still enjoy a very limited influence and outreach in Guatemala, andthe concept for digital switch-over is still vague. Nonetheless, the growing number of digital tools and theincrease in internet access are helping citizens and institutions to create platforms with educational and otherrelevant content for the general public. Of special interest are the growing numbers of platforms connectingGuatemalan villages and their dispersed members.

The potential of the mobile market is still being explored by public service and state media. There are hugeopportunities in the tools and services distributed via ordinary mobile phones, which are widely used evenby families in extreme poverty. The privatization of spectrum hindered the development of public media and public mechanisms to reachcitizens. If the authorities want to address the nation on a particular matter, they must pay for airtime onprivate media, at the market price.