Ecuador
A Obstacles to Access | 18 25 |
B Limits on Content | 24 35 |
C Violations of User Rights | 22 40 |
Internet freedom has shown some improvements in Ecuador, including the continued expansion of internet penetration and new commitments by President Guillermo Lasso’s government to protect online expression. However, the government has struggled to uphold many of these commitments in practice, and Lasso’s decision in May 2023 to dissolve the National Assembly—a constitutional yet unprecedented maneuver—fueled uncertainty about the future of such reforms ahead of snap elections. Amid broader concerns of violence in Ecuador, digital journalists and communicators face increasing threats to their physical safety, especially when covering elections and politically sensitive topics. Additionally, mechanisms to enforce the country’s new data protection framework—a positive development in recent years—appeared to be stalled. No reports emerged that the government restricted connectivity or otherwise censored political or social content online.
Elections take place regularly, and some key state institutions have recently displayed greater independence. Freedoms for media and civil society expanded under former president Lenín Moreno, the chosen successor of Rafael Correa. The 2021 elections marked the first time in 14 years that neither Correa nor his preferred candidate won the presidency. Ongoing challenges include official corruption, due process violations, and violence in prisons and during protests.
- Internet penetration rates and speeds continued to improve, and nearly 75 percent of Ecuadorians had access to the internet during the coverage period. However, government initiatives have struggled to close the country’s significant urban-rural digital divide (see A1 and A2).
- President Lasso partially vetoed a problematic reform to the Communication Law in August 2022. As a result of Lasso’s modifications, the version of the bill enacted in November 2022 was more favorable to freedom of expression online, affirming that the state will not regulate media content and including opinion as a protected form of expression (see B3 and C1).
- Ola Bini was declared innocent by a unanimous verdict in January 2023, potentially resolving a problematic years-long trial. Prosecutors have appealed Bini’s acquittal (see C3).
- Provisions of the Organic Law on Personal Data Protection, originally passed in May 2021, entered fully into force in May following a two-year transition period. However, the government appeared unprepared to enforce the law as scheduled; a Superintendence of Data Protection had not been appointed by the end of the coverage period (see C6).
- Journalists who report online were increasingly threatened by retaliatory physical violence, as evidenced by the murder of two digital journalists during the coverage period. Online harassment and intimidation of critical voices, including death threats that forced journalists to leave the country, continued (see C7).
Do infrastructural limitations restrict access to the internet or the speed and quality of internet connections? | 5.005 6.006 |
Internet access in Ecuador continued to increase during the coverage period. According to the Agency for the Regulation of Telecommunications (ARCOTEL), 74.44 percent of the population had internet access by December 2022, up from 71.75 percent in the previous year.1
Fixed-line broadband penetration has stayed relatively low, at 14.97 percent as of December 2022, a slight increase from 14.17 percent in 2021.2 According to Ookla’s Speedtest Global Index, the median fixed-line broadband download speed in May 2023 was 56.69 megabits per second (Mbps), and the median upload speed was 50.24 Mbps,3 an increase from the previous year.
Meanwhile, mobile internet penetration increased to 59.46 percent as of December 2022, up from 57.58 percent in December 2021.4 According to ARCOTEL’s report on active mobile lines, as of December 2022,5 users predominantly relied on long-term evolution (LTE) technology, which was used by 10.4 million of the 17.5 million total lines. As of May 2023, the median mobile download speed was 21.54 Mbps and the median upload speed was 11.52 Mbps, as measured by Ookla.6
In recent years, the government has created plans to increase availability and access nationwide, including by deploying LTE technology and fiber-optic networks in previously underserved areas.7 The government’s Plan for the Creation of Opportunities 2021–2025 includes goals and policies designed to connect underserved and rural populations, such as increasing coverage of fourth-generation (4G) and higher technologies from 60.74 percent to 92 percent by 2025 (see A2).8
- 1Telecommunications Regulatory and Control Agency (ARCOTEL), “Cuentas y usuarios del servicio de acceso a internet [Subscriptions and users of the internet access service],” January 2023, https://www.arcotel.gob.ec/abonados-y-usuarios/.
- 2Telecommunications Regulatory and Control Agency (ARCOTEL), “Cuentas y usuarios del servicio de acceso a internet [Subscriptions and users of the internet access service],” January 2023, https://www.arcotel.gob.ec/abonados-y-usuarios/. x
- 3Ookla Speedtest Global Index, “ Ecuador Median Country Speeds July 2023,” accessed August 2023, https://www.speedtest.net/global-index/ecuador#fixed.
- 4Telecommunications Regulatory and Control Agency (ARCOTEL), “Cuentas y usuarios del servicio de acceso a internet [Subscriptions and users of the internet access service],” January 2023, https://www.arcotel.gob.ec/abonados-y-usuarios/.
- 5Telecommunications Regulatory and Control Agency (ARCOTEL), “Servicio Móvil Avanzado [Advanced Mobile Service],” December 2022, http://www.arcotel.gob.ec/lineas-activas/.
- 6Ookla Speedtest Global Index, “ Ecuador Median Country Speeds July 2023,” accessed August 2023, https://www.speedtest.net/global-index/ecuador#mobile.
- 7Ministry of Telecommunications and Information Association (MINTEL), “Plan de Servicio Universal 2018- 2021 [Plan of Universal Service 2018-2021],” October 2018, https://www.telecomunicaciones.gob.ec/wp-content/uploads/2018/11/Plan-d….
- 8Ministerio de Telecomunicaciones y de la Sociedad de la Información, “Plan de Servicio Universal 2022-2025,” https://www.telecomunicaciones.gob.ec/wp-content/uploads/2022/06/plan_d…
Is access to the internet prohibitively expensive or beyond the reach of certain segments of the population for geographical, social, or other reasons? | 1.001 3.003 |
Internet access has become more affordable in recent years, although average broadband prices remain higher in Ecuador than in many South American countries. The cost of the internet varies depending on the type of connection and a customer’s geographic location, among other factors. According to statistics from the British company Cable, the average monthly broadband internet subscription price was $35.28 in 2023, down from $43.87 in 2019.1 The average cost of 1 gigabyte (GB) of mobile data fell to $1.00 in 2022, down from $6.93 in 2019.2 The minimum wage increased to $450 per month in 2023,3 up from $425 in 2022.4
Socioeconomic and geographic disparities in internet access persist in Ecuador. Most underserved communities are in the Amazon region, but the southern mountains, the coastline, and the Galapagos Islands also lack sufficient infrastructure. According to official statistics from the Ministry of Telecommunications and Information Society (MINTEL), as of 2022 about 25 percent of rural parishes lacked an internet connection.5
There is a significant divide in internet access between urban and rural households, and there is evidence that the divide has widened even as overall internet access has improved. As of 2020, 61.7 percent of urban households had internet access, compared with only 34.7 percent of rural households. By July 2022, 70.1 percent of urban households had internet access, while access among rural households had only increased to 38 percent. Gaps in internet access also persist between households of different ethnicities. As of July 2022, 70.5 percent of Indigenous, 55.4 percent of Montubio, and 46.3 percent of Afro-Ecuadorian households did not have internet access, compared to 34.5 percent of mestizo households.6
Disparities in internet access persist when looking at individual users. The percentage of people in urban areas who reported using the internet increased from 77.1 percent in 2020 to 78.5 percent in 2022. There was a reported decrease in internet use among people living in rural areas, from 56.9 percent in 2020 to 50.5 percent in 2022.7
Fixed-line and mobile subscriptions remain concentrated in two provinces with higher levels of urbanization, Guayas and Pichincha, and as of December 2022 each province held 29 percent of Ecuador’s internet subscribers.8
The government has introduced initiatives that aim to narrow disparities in access. In 2011, state-run “Infocenters” began providing free internet in rural areas.9 The centers were rebranded as “Meeting Points” under President Lasso’s government.10 In January 2023, MINTEL reported that there were 886 Meeting Points serving less-connected areas, including 185 in the Amazon region. MINTEL also reported that the centers directly benefitted 1.7 million people across the country by providing free internet access and online courses through agreements with private companies, among other services.11 By January 2023, there were also 6,775 free Wi-Fi points spanning 20 provinces.12 In September 2022, the government announced that, as of the start of the Lasso administration in 2021, it had invested just under $10 million in providing 4G connectivity to 53 parishes without access to mobile internet, benefitting 332,000 people. The government aims to provide 4G or better mobile coverage to 85 percent of the country’s population in 2023.13
Municipal governments have also introduced similar initiatives. In April 2023, the municipal government of Quito announced a project that would install 1,500 free Wi-Fi hotspots in high-traffic locations throughout the city. The city plans to fully implement the hotspots in 2024.14
During the coverage period, several efforts were underway to improve internet access on the remote Galapagos Islands. Construction of an undersea cable connecting the Galapagos with the mainland began in 2021 (see A3), and in December 2022, it was reported that state-owned internet service provider (ISP) National Telecommunications Corporation (CNT) would collaborate with satellite telecommunications company SES to enhance connectivity on the islands.15 Separately, AXESS Networks is pursuing a project that will utilize SpaceBridge technology to provide high-speed broadband on Santa Cruz island in the Galapagos.16
In April 2023, Starlink, a satellite ISP owned by SpaceX, began providing service to the Galapagos Islands, with its coverage expected to eventually reach other rural areas of Ecuador.17 However, the price of Starlink's internet package, starting at approximately $60 per month, makes it inaccessible to residents of rural areas.18
- 1“Global broadband pricing league table 2023,” Cable.co.uk, accessed March 31, 2023, https://www.cable.co.uk/broadband/pricing/worldwide-comparison/.
- 2“Worldwide mobile data pricing 2022,” Cable.co.uk, accessed September 6, 2022, https://www.cable.co.uk/mobiles/worldwide-data-pricing/.
- 3“Ecuador Sets Basic Minimum Salary for 2023 — Orbitax Tax News & Alerts” Orbitax, December 09, 2022, https://www.orbitax.com/news/archive.php/Ecuador-Sets-Basic-Minimum-Sal….
- 4“Ecuador Sets Basic Minimum Salary for 2022 — Orbitax Tax News & Alerts,” Orbitax, December 29, 2021, https://www.orbitax.com/news/archive.php/Ecuador-Sets-Basic-Minimum-Sal…
- 5Ministry of Telecommunications and Information Association (MINTEL), “Resultados MINTEL Enero 2023 [MINTEL Results January 2023],” January 2023, https://observatorioecuadordigital.mintel.gob.ec/wp-content/uploads/202….
- 6National Institute of Statistics and Censuses (INEC), “Tecnologías de la Información y Comunicación [Information and communication technologies]” July 2022, https://www.ecuadorencifras.gob.ec/documentos/web-inec/Estadisticas_Soc….
- 7National Institute of Statistics and Censuses (INEC), “Tecnologías de la Información y Comunicación [Information and communication technologies]” July 2022, https://www.ecuadorencifras.gob.ec/documentos/web-inec/Estadisticas_Soc….
- 8Telecommunications Regulatory and Control Agency (ARCOTEL), “Reporte Estadístico Mensual - December 2022 [Monthly Statistical Report - December 2022],” January 31, 2023, https://www.arcotel.gob.ec/wp-content/uploads/2023/03/Reporte-estad%C3%…
- 9Nelson Davalos, ”2.000 infocentros comunitarios, una promesa que tambalea [2,000 community infocentres, a faltering promise],” Primicias.ec, March 09, 2020, https://www.primicias.ec/noticias/tecnologia/infocentros-comunitarios-p….
- 10“Infocentros cambian de nombre, la meta es conectar a las zonas rurales [Infocentros change their name, the goal is to connect rural areas],” Primicias.ec, April 04, 2022, https://www.primicias.ec/noticias/tecnologia/infocentros-cambian-nombre….
- 11Ministry of Telecommunications and Information Association (MINTEL), “Resultados MINTEL Enero 2023 [MINTEL Results January 2023],” January 2023, https://observatorioecuadordigital.mintel.gob.ec/wp-content/uploads/202….
- 12Ministry of Telecommunications and Information Association (MINTEL), “Resultados MINTEL Enero 2023 [MINTEL Results January 2023],” January 2023, https://observatorioecuadordigital.mintel.gob.ec/wp-content/uploads/202….
- 13Ministry of Telecommunications and Information Association (MINTEL), “Resultados MINTEL Enero 2023 [MINTEL Results January 2023],” January 2023, https://observatorioecuadordigital.mintel.gob.ec/wp-content/uploads/202….
- 14“Municipio instala internet gratis en 1500 puntos del Distrito Metropolitano [Municipality installs free internet in 1500 points of the Metropolitan District],” Quito informa, April 28, 2023, http://www.quitoinforma.gob.ec/2023/04/28/municipio-instala-internet-gr…
- 15“Ecuatoriana CNT mejorará conectividad en Galápagos con nueva tecnología satelital [Ecuadorian CNT will improve connectivity in Galapagos with new satellite technology],” bnamericas, December 19, 2022, https://www.bnamericas.com/es/noticias/ecuatoriana-cnt-mejorara-conecti….
- 16AXESS Networks, “AXESS Networks selecciona SpaceBridge para habilitar la conectividad de banda ancha de alta velocidad en Galápagos, Ecuador [AXESS Networks selects SpaceBridge to enable high-speed broadband connectivity in Galapagos, Ecuador]” August 15, 2022, https://axessnet.com/axess-networks-selecciona-spacebridge-para-habilit…
- 17“Starlink to launch broadband services in Ecuador, starting with Galapagos,” TeleGeography, March 31, 2023, https://www.commsupdate.com/articles/2023/03/31/starlink-to-launch-broa….
- 18“Starlink’s arrival in Ecuador likely to generate little excitement,” The Cuenca Dispatch, April 24, 2023, https://thecuencadispatch.com/starlinks-arrival-in-ecuador-likely-to-ge….
Does the government exercise technical or legal control over internet infrastructure for the purposes of restricting connectivity? | 6.006 6.006 |
There were no internet disruptions in Ecuador during the coverage period and no evidence of throttling or network shutdowns. Social media, communications, and video streaming platforms remained readily available.
Concern over the potential for connectivity restrictions briefly emerged during the coverage period but were quickly allayed by the government. On June 17, 2022, amid nationwide protests, President Lasso declared a state of emergency in three provinces. A draft order that circulated immediately thereafter sparked criticism from civil society, press freedom advocates, and ordinary users for including an article that could threaten freedoms of information and expression by allowing the government to restrict fixed, mobile, and internet telecommunications services (see B3). The following day, the government published the official decree without the controversial article.1
However, disruptions to internet access have occurred in the past. Amid mass protests in October 2019, CNT users experienced general connectivity disruptions and issues accessing Facebook and WhatsApp (see B8).2 For a brief period later that month, mobile service provider Claro allegedly imposed connectivity interruptions across large swathes of the country and in Quito.3
Ecuador’s physical infrastructure is not highly centralized. Three submarine cables provide connection to the global internet, with construction continuing on two additional undersea cable projects during the coverage period. The first project, the Carnival Submarine Network-1 (CSN-1), will connect Ecuador and the United States, with landing points in Panama and Colombia. The second, the Galapagos Cable System, will connect mainland Ecuador and the Galapagos Islands.4 Three major ISPs—two of which are private—control their own national infrastructure.5
A provision in the 2015 Organic Law of Telecommunications grants the president the power to unilaterally take over telecommunications services in times of national emergency.6 Civil society groups have raised concerns over the provision’s scope and the possibility for government abuse created by the law’s vague standards and lack of independent or impartial oversight.7
- 1“Estado de Excepción en Ecuador restringe el derecho a la información [State of Exception in Ecuador restricts the right to information],” Fundamedios, June 18, 2022, https://www.fundamedios.org.ec/alertas/estado-de-excepcion-en-ecuador-r…; Patrick Peralta, “Gobierno se retracta con decreto que restringía derecho a la información [Government retracts with decree that restricted right to information],” Radio Pichincha, June 18, 2022, https://www.pichinchacomunicaciones.com.ec/gobierno-se-retracta-con-dec…
- 2Veridiana Alimonti, “Protests and Technology in Latin America: 2019 in Review,” Electronic Frontier Foundation, December 24, 2019, https://www.eff.org/deeplinks/2019/12/protests-and-technology-latin-ame…; “Evidence of social media disruptions in Ecuador as crisis deepens,” NetBlocks, October 9, 2019, https://netblocks.org/reports/evidence-of-social-media-disruptions-in-e….
- 3“Mobile internet disrupted in Quito as Ecuador political crisis escalates,” NetBlocks, October 13, 2019, https://netblocks.org/reports/mobile-internet-disrupted-in-quito-as-ecu….
- 4“Telconet & ASN announce the start of Carnival Submarine Network-1 (CSN-1) Construction,” Alcatel Submarine Networks, March 28, 2022, https://web.asn.com/press-release/2022-03-28-CSN1.html; “Construction On The Galapagos Cable System Has Begun By GCS Pte. Ltd. and Xtera,” Submarine Telecoms Forum, October 1, 2021, https://subtelforum.com/construction-on-the-galapagos-cable-system-has-…; TeleGeography, “Submarine Cable Map: Ecuador,” accessed August 2023, https://www.submarinecablemap.com/country/ecuador.
- 5Andre Lucena, “Submarine cables: map shows all connections in Latin America,” Olhar Digital, March 19, 2021. https://olhardigital.com.br/en/2021/03/19/internet-e-redes-sociais/cabo…
- 6National Assembly of Ecuador, “Ley Orgánica de Telecomunicaciones [Organic Law of Telecommunications],” February 12, 2015, https://www.telecomunicaciones.gob.ec/wp-content/uploads/downloads/2016….
- 7Katitza Rodriguez, “Leaked Documents Confirm Ecuador’s Internet Censorship Machine,” Electronic Frontier Foundation, April 14, 2016, https://www.eff.org/deeplinks/2016/04/leaked-documents-confirm-ecuadors….
Are there legal, regulatory, or economic obstacles that restrict the diversity of service providers? | 4.004 6.006 |
Ecuador’s telecommunications market is concentrated among a relatively small number of service providers. As of December 2022, the country had four major ISPs covering more than 67 percent of the fixed-line market, with hundreds of smaller ISPs covering the rest. Megadatos holds 28.18 percent of the market, followed by the state-owned CNT (19.13 percent), Conecel (Claro) (12.23 percent), and Setel (8.42 percent). The mobile service market, on the other hand, is an oligopoly: Conecel (Claro) holds 55.54 percent of the market, followed by Otecel (Movistar) with 31.55 percent and CNT with 12.91 percent.1
According to information released by ARCOTEL in November 2021, the Herfindahl-Hirschman Index (HHI), one measure of market concentration, shows that Ecuador’s mobile market remains “highly concentrated.” However, ARCOTEL’s bulletin also noted that the overall market for ISPs has become significantly more competitive since 2016, with a decreasing trend on the HHI over that period.2
Previously, a January 2019 report from the country’s comptroller general investigated concessions awarded to Telconet to build a submarine cable and found irregularities in the process.3 The report was referred to the attorney general’s office for a criminal investigation.4 Audio leaks released by news site La Posta in January 2019 suggested that former ARCOTEL officials manipulated the ISP market’s competitiveness by awarding concessions to providers whose owners had ties to former vice president Jorge Glas.5 The case has not yet gone to trial, and the investigation appeared to be ongoing at the end of the coverage period.
- 1Telecommunications Regulatory and Control Agency (ARCOTEL), “Cuentas y usuarios del servicio de acceso a internet [Subscriptions and users of the internet access service],” January 2023, https://www.arcotel.gob.ec/abonados-y-usuarios/.
- 2Telecommunications Regulation and Control Agency, “Boletín estadístico trimestral: participación de mercado e índice de concentración de los servicios de telecomunicaciones [Market Share and Concentration Index of Telecommunications Services]”, November 2021, https://www.arcotel.gob.ec/wp-content/uploads/2021/12/Boleti%CC%81n-est….
- 3General Contralory of the State, “Agencia de Regulación y Control de las Telecomunicaciones ARCOTEL. Informe general [Telecommunications Regulatory and Control Agency ARCOTEL. General Report],” March 5, 2020, https://4pelagatos.com/wp-content/uploads/2019/01/Cable-submarino-Contr….
- 4“Contraloría y Telconet, en disputa por Cable Andino [Contralory (of the State) and Telconet, in dispute over Cable Andino],” El Universo, January 23, 2019, https://www.eluniverso.com/noticias/2019/01/23/nota/7152482/contraloria….
- 5“Audio sugiere ‘influencia’ de operadores en Arcotel [Audio suggests operators’ ‘influence’ in Arcotel],” El Universo, January 25, 2019, https://www.eluniverso.com/noticias/2019/01/25/nota/7155848/audio-sugie….
Do national regulatory bodies that oversee service providers and digital technology fail to operate in a free, fair, and independent manner? | 2.002 4.004 |
Created by the 2015 Organic Law of Telecommunications, ARCOTEL is linked to the telecommunications ministry, MINTEL, and is responsible for the technical aspects of administrating, regulating, and controlling the telecommunications sector and radioelectric spectrum.1 ARCOTEL’s directors are appointed directly by the president, a process that may undermine the body’s independence.2
The agency has had frequent director-level turnover, with eight changes in leadership between 2017 and 2020.3 Juan Carlos Martínez, who was removed after just five days in office in January 2019, claimed that his dismissal was linked to his aim to combat corruption within the agency.4 In March 2020, Ricardo Freire Granja—who had held office since January 2019—was fired for delaying the allocation of radio and television frequencies for almost a year.5 Juan Carlos Soria Cabrera is the current executive director of ARCOTEL, a position he was appointed to in January 2023.6
ISPs and other internet-related organizations are allowed and, to a certain extent, encouraged to establish self-regulatory mechanisms. Examples of this include public assistance to develop public and private Computer Security Incident Response Teams (CSIRTs); the local internet exchange point NAP.ec, which is managed by AEPROVI, an association of ISPs; and the Ecuadorian internet protocol version 6 (IPv6) Task Force; among others. The allocation of digital assets—such as domain names or internet protocol (IP) addresses, which are designated by NIC.ec—is not controlled by the government.7 The former media regulator, the Superintendence of Information and Communications (SUPERCOM), was eliminated by a 2019 reform to the Communication Law that went into effect in February 2020. SUPERCOM was highly criticized for acting as a tool of political censorship.8
In 2022, MINTEL implemented a code of ethics that is meant to guarantee the independence of employees at the ministry. Article 7 of the code requires all public servants at the institution to recuse themselves from “processes or procedures that generate conflicts of interest with any entity or person” with whom they have personal or business relationships with, as well as “refrain from any conduct that may affect their independence of judgment for the performance of their duties.”9
- 1National Assembly of Ecuador, “Ley Orgánica de Telecomunicaciones [Organic Law of Telecommunications],” February 12, 2015, https://www.grupotvcable.com/wp-content/uploads/2015/07/ley_organica_de….
- 2Leticia Pautasio, “Ecuador: Ley de Telecomunicaciones entra en vigencia y Arcotel inicia sus funciones [Ecuador: Telecommunications Law enters into force and Arcotel starts its work],” TeleSemana.com, March 6, 2015, https://www.telesemana.com/blog/2015/03/06/ecuador-ley-de-telecomunicac…
- 3“Tercer director de Arcotel en menos de quince días [Third director of Arcotel in less than fifteen days],” El Universo, January 21, 2019, https://www.eluniverso.com/noticias/2019/01/21/nota/7151390/tercer-dire…; “Arcotel posesiona a su séptimo director en casi 2 años [ARCOTEL is on its seventh director in almost 2 years],” Ecuavisa, February 14, 2019, https://www.ecuavisa.com/articulo/noticias/politica/459096-arcotel-pose….
- 4Patricia Carolina González, “Nuevo director de la Arcotel solo duró cinco días en el cargo [New Arcotel director only lasted five days in office],” El Comercio, January 21, 2019, https://www.elcomercio.com/actualidad/nuevo-director-martinez-arcotel-r…; “Cambian a director de Arcotel que removió funcionarios [They change to Arcotel director who removed officials],” Ecuavisa, January 21, 2019, https://www.ecuavisa.com/noticias/ecuador/cambian-director-arcotel-que-…
- 5“Nuevo director en la Agencia de Telecomunicaciones [New director at the Telecommunications Agency],” El Universo, March 13, 2020, https://www.eluniverso.com/noticias/2020/03/13/nota/7779873/nuevo-direc…
- 6ARCOTEL, “Juan Carlos Soria Cabrera - Director Ejecutivo de la Agencia de Regulación y Control de las Telecomunicaciones [Juan Carlos Soria Cabrera- Executive Director of the Telecommunications Regulation and Control Agency],” accessed September 2023, https://www.arcotel.gob.ec/juan-soria-director-ejecutivo-de-la-agencia-….
- 7See https://www.nic.ec/.
- 8“La máquina sancionadora de medios llamada Supercom [The media sanction machine called Supercom],” Plan V, January 10, 2017, https://www.planv.com.ec/historias/sociedad/la-maquina-sancionadora-med….
- 9Ministry of Telecommunications of the Information Society (MINTEL),ACUERDO Nro. MINTEL-MINTEL-2022-0011 “Código de ética del ministerio de telecomunicaciones y de la sociedad de la información [code of ethics of the Ministry of Telecommunications and the Information Society]”, May 31, 2022 https://www.telecomunicaciones.gob.ec/wp-content/uploads/2022/06/Acuerd….
Does the state block or filter, or compel service providers to block or filter, internet content, particularly material that is protected by international human rights standards? | 5.005 6.006 |
Systematic blocking or filtering of content is not common in Ecuador. There were no reports of technical blocking of social media platforms, communication apps, blog-hosting platforms, or discussion forums during the coverage period. Likewise, there were no reports of blocking of tools used for anonymization of navigation or circumvention of censorship.
However, in July 2021, the government’s intellectual property agency, the National Service of Intellectual Rights (SENADI), ordered ISPs to block a number of popular sites used for stream ripping, or downloading content from a streaming platform for offline use without permission. The order affected y2mate.com and mp3-youtube.download, among other sites, and also applied to sites used to facilitate access to those ordered blocked. Users who attempted to access any site subject to the order were redirected to an educational landing page.1 SENADI’s order to block these sites appeared to remain in force during the coverage period.2
- 1International Intellectual Property Alliance, “IIPA 2022 Special 301 Report On Copyright Protection And Enforcement,” January 31, 2022, https://www.iipa.org/files/uploads/2022/01/2022-SPEC301-3.pdf
- 2International Intellectual Property Alliance, “IIPA 2023 Special 301 Report on Copyright Protection and Enforcement,” January 30, 2023, https://www.iipa.org/files/uploads/2023/01/2023SPECIAL301FILING_WEBSITE….
Do state or nonstate actors employ legal, administrative, or other means to force publishers, content hosts, or digital platforms to delete content, particularly material that is protected by international human rights standards? | 2.002 4.004 |
Under former president Rafael Correa, copyright law was frequently used to censor politically sensitive content online.1 This practice eased considerably, but not completely, under former president Lenín Moreno. President Lasso’s administration has not engaged in similar abuses since his term began.2 There were no reported instances of government-mandated content removal during the coverage period.
Previously, however, in July 2020, President Moreno’s office used Iomart Group PLC, a firm based in the United Kingdom, to request the removal of five critical news reports from the media outlet La Historia, ostensibly due to copyright violations for the use of photographs of Moreno and other government officials that belonged to the presidency and the communication secretary. Ecuador’s ombudsman ordered the National Secretariat of Communications to withdraw the suit shortly thereafter and condemned the arbitrary use of copyright law by public institutions as censorship.3
The Spanish reputation management firm Eliminalia, which uses copyright law and other dubious legal tactics to remove content on behalf of well-connected clients, is reportedly active in Ecuador. Eliminalia maintains an office in the country,4 and as of 2019, it was reported that the company had approximately 250 clients based in Ecuador.5
- 1Maira Sutton, “State Censorship by Copyright? Spanish Firm Abuses DMCA to Silence Critics of Ecuador's Government,” Electronic Frontier Foundation, May 15, 2014, https://www.eff.org/deeplinks/2014/05/state-censorship-copyright-spanis…; Alexandra Ellerbeck, “How U.S. copyright law is being used to take down Correa's critics in Ecuador,” Committee to Protect Journalists, January 21, 2016, https://cpj.org/blog/2016/01/how-us-copyright-law-is-being-used-to-take….
- 2“La Presidencia demanda a 4Pelagatos [The presidency demands 4Pelagatos],” 4 Pelagatos, February 4, 2020, https://4pelagatos.com/2020/02/04/la-presidencia-demanda-a-4pelagatos/; “Portal Ecuadorinmediato recibe 10 denuncias por mal uso de fotografías [Portal Ecuador Inmediato receives 10 complaints for misuse of photographs],” Fundamedios, August 7, 2019. https://www.fundamedios.org.ec/alertas/portal-ecuadorinmediato-recibe-1…; “Web de La Fuente es dado de baja luego de una denuncia de la Presidencia de la República [La Fuente website is taken down after a complaint by the Presidency of the Republic],” Fundamedios, July 12, 2019, https://www.fundamedios.org.ec/alertas/web-de-la-fuente-es-dado-de-baja….
- 3“Piden a Presidencia de Ecuador retirar demandas por copyright sobre imágenes públicas [They ask the Presidency of Ecuador to withdraw copyright lawsuits on public images],” Portal Diverso, July 27, 2020, https://portaldiverso.com/piden-a-presidencia-de-ecuador-retirar-demand…; “Video del portal La Historia fue dado de baja en Twitter por supuesta violación de derechos copyright [Video of the portal La Historia was taken down by Twitter for alleged copyright infringement],” Fundamedios, March 6, 2020, https://www.fundamedios.org.ec/alertas/twitter-leninmoreno-derechos-dig….
- 4Phineas Rueckert, “The Gravediggers: How Eliminalia, a Spanish Reputation Management Firm, Buries the Truth,” Forbidden Stories, February 17, 2023, https://forbiddenstories.org/story-killers/the-gravediggers-eliminalia/.
- 5“’En Ecuador tenemos 8% de nuestra cartera de clientes,’” Revista Gestión, October 6, 2019, https://www.revistagestion.ec/sociedad-analisis/en-ecuador-tenemos-8-de….
Do restrictions on the internet and digital content lack transparency, proportionality to the stated aims, or an independent appeals process? | 2.002 4.004 |
A series of recent reforms to the Communication Law—the latest of which was enacted in November 2022—have seemed to promise a less restrictive online environment for media outlets. However, existing restrictions on content continue to lack transparency and proportionality and remain open to potential abuses by authorities.
Reforms made to the Communication Law in November 2022 affirm that the state will not regulate media content. Article 3 of the reform provides for self-regulation of the media, guaranteeing that “journalistic and communication activity must be governed by ethical standards and self-regulation, in no case by standards imposed by the state.” The reform also contains explicit guarantees for freedom of expression online (see C1). Article 20 maintains the Communication Law’s prohibition of the dissemination of content that incites or encourages violence, or national, racial, or religious hatred.
Prior reforms to the Communication Law, enacted in February 2019, signaled a move away from the punitive system established under the Correa administration, which was highly politicized and prone to abuse. A significant element of the 2019 Communication Law reforms was the elimination of SUPERCOM. Under the Correa government, SUPERCOM had aggressively pursued print media (including media with an online presence), accusing them of unbalanced reporting and “media lynching”—an allegation that was often applied to investigative reporting in Ecuador.1 The reforms also removed digital media and content providers’ liability for user comments while upholding their responsibility for editorial content published by uncredited authors.2
ARCOTEL is still authorized to block internet domains that violate national laws. ARCOTEL’s agenda for 2019 included the development of a technical norm that would increase transparency by outlining its blocking and notification procedures, though the development of this norm appears to still be pending.3 There are currently no efficient and timely avenues of appeal for content subject to censorship.
Additionally, Article 565 of the Organic Code of the Social Knowledge Economy, enacted in December 2016, establishes that when there is an alleged violation of intellectual property rights, the offender or an intermediary can be ordered to suspend web portal services as a precautionary measure.4 This could lead to rights violations if not handled properly.
Concern over the potential for recurring restrictions briefly emerged during the coverage period following the circulation of a draft state of emergency order (see A3). The draft order was created by Lasso amid nationwide protests in June 2022, and included an article that empowered the government to limit the publication and circulation of classified information online by media outlets and over social networks. The following day, the government published an official version of the decree that omitted the controversial article.5
Platforms have suspended accounts belonging to online outlets in the past. During the previous coverage period, in March 2022, Twitter suspended an account belonging to Wambra, a digital community media outlet, for allegedly violating the platform’s community standards around publishing sensitive third-party content without consent. The offending tweet, which was removed, denounced an attack on a Wambra journalist by police during a Women’s Day march. The account’s other tweets remained visible, though the account was blocked from posting new content.6 It is often unclear if such suspensions are justified by legitimate violations of the companies’ terms of use.
- 1Silvia Higuera, “Ecuador’s National Assembly eliminates controversial sanctioning body with reforms to Communications Law,” Knight Center for Journalism in the Americas, December 20, 2018, https://knightcenter.utexas.edu/blog/00-20435-ecuador%E2%80%99s-nationa….
- 2National Assembly of Ecuador, “Ley Orgánica Reformatoria a la ley Orgánica de Comunicación [Amendment of the Organic Law of Communication],” February 20, 2019, https://www.asambleanacional.gob.ec/sites/default/files/private/asamble….
- 3Telecommunications Regulatory and Control Agency (ARCOTEL), “La ARCOTEL difundió la Agenda Regulatoria que ejecutará en 2019 [ARCOTEL disseminated the Regulatory Agenda it will execute in 2019],” December 27, 2019, http://www.arcotel.gob.ec/la-arcotel-difundio-la-agenda-regulatoria-que….
- 4National Assembly of Ecuador, “Código Orgánico de la Economía Social de los Conocimientos [Organic Code of the Social Knowledge Economy],” December 9, 2016, https://www.ambiente.gob.ec/wp-content/uploads/downloads/2018/05/Codigo…
- 5“Estado de Excepción en Ecuador restringe el derecho a la información [State of Exception in Ecuador restricts the right to information],” Fundamedios, June 18, 2022, https://www.fundamedios.org.ec/alertas/estado-de-excepcion-en-ecuador-r…; Patrick Peralta, “Gobierno se retracta con decreto que restringía derecho a la información [Government retracts with decree that restricted right to information],” Radio Pichincha, June 18, 2022, https://www.pichinchacomunicaciones.com.ec/gobierno-se-retracta-con-dec…
- 6“Twitter suspende cuenta de medio digital comunitario de Ecuador por denunciar que una periodista fue agredida por la Policía en la marcha del 8M [Twitter suspends account of a digital community media outlet in Ecuador for denouncing that a journalist was attacked by the Police in the 8M march],” Observacom, March 9, 2022, https://www.observacom.org/twitter-suspende-cuenta-de-medio-digital-com…
Do online journalists, commentators, and ordinary users practice self-censorship? | 3.003 4.004 |
Coverage of corruption cases and government abuses of power has increased in recent years. News related to drug trafficking and armed groups on the northern border with Colombia is treated carefully. Though the Lasso government has taken some steps to support freedom of expression, a general climate of hostility against journalists persists, which could contribute to self-censorship online.
Despite lower levels of self-censorship by individuals, coverage of sensitive events has been found to vary between traditional mass media and independent digital outlets. Researchers found, for instance, that traditional mass media reporting on the October 2019 protests followed a government narrative, while independent digital outlets tended to cover events from the perspectives of the protesters.1
The November 2022 reforms to the Organic Law of Communication contain guarantees for freedom of expression online (see C1), and the current government has generally not censored digital spaces.2 However, during the coverage period, journalists who cover sensitive issues continued to be the target of smear campaigns and, sometimes, physical violence (see C7).
President Lasso has contributed to such hostility against the media at times, though he has simultaneously positioned himself as a fervent defender of press freedom. For example, in February 2023, amid widespread reporting on alleged corruption in his government, Lasso claimed that he was “under a rude, lying attack” from the press, prompting condemnation from the press freedom organization Fundamedios.3 The same month, Lasso specifically accused journalists from the digital outlet La Posta of engaging in “debauchery and abuse” against his government (see C7).4
- 1Jose Robalino, “Hay un cerco y un circo mediático, por parte de los medios privados, en torno a las causas de las protestas [There is a fence and a media circus, by the private media, around the causes of the protests],” Pichincha Comunicaciones, October 29, 2019, https://www.pichinchacomunicaciones.com.ec/hay-un-cerco-y-un-circo-medi…
- 2Ley Orgánica Reformatoria de la Ley Orgánica de Comunicación [Organic Law Reforming the Organic Law of Communication], November 14, 2022, Asamblea Nacional del Ecuador, https://www.asambleanacional.gob.ec/sites/default/files/private/asamble….
- 3“Presidente Lasso ataca a los medios en acto policial,” Fundamedios, February 2, 2023, https://www.fundamedios.org.ec/alertas/presidente-lasso-ataca-a-los-med….
- 4“Presidente Guillermo Lasso señaló a medio digital de forjar casos para crear caos en Ecuador [President Guillermo Lasso accused the digital media of forging cases to create chaos in Ecuador],” El Telégrafo, February 14, 2023, https://www.eltelegrafo.com.ec/noticias/actualidad/44/presidente-guille….
Are online sources of information controlled or manipulated by the government or other powerful actors to advance a particular political interest? | 2.002 4.004 |
Pro-government trolling, harassment of critics, and punitive media restrictions were particularly prevalent under former president Correa. Government-led manipulation tactics have since eased, though networks of fake accounts have continued to inauthentically influence online debate.
Coordinated inauthentic behavior (CIB) targeting Ecuadorian audiences sometimes seeks to influence public debate. In August 2022, the fact-checking platform Cazadores de Fake News reported that Twitter had suspended a “botnet” operation composed of 491 fake accounts for engaging in CIB in support of President Lasso between January and July 2022. The accounts amplified tweets posted by Lasso in a coordinated and automated or semi-automated way and were found to be associated with a group identified as the Network of Democratic Tweeters. Most of the accounts were created en masse; for instance, 180 were created over a four-day period in April.1 A few months later, in October, Cazadores de Fake News reported that an additional 352 pro-Lasso Twitter accounts had been detected, with most of these accounts apparently being created after the original network had been suspended in August. These accounts regularly retweeted President Lasso’s posts in a coordinated way, boosting hashtags such as #JuntosLoHacemosPosible (#TogetherWeMakeItPossible) and #JuntosPorElAgro (#TogetherForAgriculture).2 The origin and financial backing of this network remain unclear.
In December 2021, during the previous coverage period, Meta reported that it had removed 12 Facebook accounts, 172 Facebook pages, and 11 Instagram accounts for violating the platform’s policy on CIB. The network primarily originated in Mexico and was linked to a Mexican public relations firm. The network used both authentic and fake accounts to post links to websites posing as independent news outlets, and targeted users in Ecuador and a number of other Central American countries with Spanish-language writing about current events in Latin America.3
Online content manipulation remains a particular concern during electoral periods. During the sectional elections and national referendum held in February 2023, fact-checking initiatives Ecuador Verifica and Ecuador Chequea detected false news that harmed the political images of candidates and in certain cases alarmed citizens, and campaigns or candidates themselves sometimes spread disinformation. For example, Guayaquil mayor Cynthia Viteri was targeted by misleading images and text that spread disinformation about her management as mayor; these messages were widely shared via WhatsApp groups during her campaign for re-election.4
Similar activity has also been observed around other recent elections. Inauthentic activity and disinformation campaigns related to the February 2021 electoral period were reported in the months surrounding the vote. In March 2021, Facebook removed a network of 390 Facebook accounts, 6 pages, and 17 Instagram accounts originating in Spain and Argentina and targeting Ecuador. Their authentic followings were small and their content mainly involved the 2021 presidential election, including allegations of corruption and general criticism of candidate Andrés Arauz.5 Disinformation campaigns about both Arauz and Lasso spread on WhatsApp during this period.6
Efforts to counteract electoral disinformation have regularly emerged from both civil society and government actors. The Ecuador Verifica initiative—composed of media, academic, and civil society organizations, and founded to combat misinformation and fact-check presidential candidates prior to the 2021 election—continued its work ahead of the August 2023 snap general election and October runoff.7 In July 2022, the National Electoral Council (CNE), Ecuador Verifica, and Fundamedios announced that they had agreed to hold joint workshops on digital literacy and providing robust coverage in electoral contexts.8
- 1Cazadores de Fake News, “#BotnetGL: Twitter suspendió 491 cuentas de botnet ecuatoriana [#BotnetGL: Twitter suspended 491 Ecuadorian botnet accounts],” August 9, 2022, https://www.cazadoresdefakenews.info/botnetgl-twitter-suspendio-491-cue….
- 2“#Botnet-GL-2: una nueva botnet que ayuda a Guillermo Lasso en Twitter [#Botnet-GL-2: a new botnet that helps Guillermo Lasso on Twitter],” Cazadores de Fake News, October 6, 2022, https://www.cazadoresdefakenews.info/botnet-gl-2-nueva-botnet-ayuda-a-g….
- 3Meta, “December 2021 Coordinated Inauthentic Behavior Report,” December 2021, https://about.fb.com/wp-content/uploads/2022/01/December-2021-Coordinat…
- 4Ricardo Zambrano, “Todavía no se inicia formalmente la campaña electoral en Ecuador, pero la desinformación ya empezó. ¿Cómo detectar ‘fake news’?”, [“The electoral campaign in Ecuador has not yet formally begun, but the disinformation has already begun. How to detect ‘fake news’?”,] December, 5, 2023, https://www.eluniverso.com/noticias/politica/todavia-no-se-inicia-forma…
- 5“March 2021 Coordinated Inauthentic Behavior Report,” Facebook, https://about.fb.com/wp-content/uploads/2021/04/March-2021-CIB-Report.p…
- 6Usuarios Digitales, @usariosdigital, “#Elecciones2021EC #ObservaciónElectoral 2da Vuelta. [#Elecciones2021EC #ObservaciónElectoral 2nd round]”, April 14, 2021, https://twitter.com/usuariosdigital/status/1382428555074764802
- 7“Quiénes Somos,” Ecuador Verifica, http://ecuadorverifica.org/quienes-somos/
- 8“CNE, Ecuador Verifica y Fundamedios capacitarán a periodistas en materia electoral y lucha contra la desinformación [CNE, Ecuador Verifica and Fundamedios will train journalists in electoral matters and fight against disinformation],” Fundamedios, July 29, 2022, https://www.fundamedios.org.ec/cne-ecuador-verifica-y-fundamedios-capac…
Are there economic or regulatory constraints that negatively affect users’ ability to publish content online? | 2.002 3.003 |
The 2022 reforms to the Communication Law maintained the Article 6 ban on foreign ownership of media in Ecuador.1 Financial corporations and their shareholders are also banned from making media investments under Article 312 of the constitution and Article 256 of the Organic Monetary and Financial Code.2 Since 2020, foreign providers of digital services, including news outlets and social media platforms, must pay a value-added tax of 12 percent.3 As of August 2022, approximately 700 digital services were subject to the tax.4
Both the Culture Act (Article 5) and the Organic Law of Telecommunications (Articles 3, 4, and 66) include a general mandate to protect net neutrality. However, Article 22 of the latter act allows the limitation or blocking of online services or applications by order of the competent authority. Article 64 of the same act allows ISPs to establish “tariff plans consisting of one or more services, or for one or more products of a service, in accordance with his or her authorization certificates.”5 This provision may allow providers to set different speeds for different content, websites, or apps. Nonetheless, there is no evidence that ISPs are operating in a way that might violate net neutrality.
In its 2022 accountability report, ARCOTEL stated that it granted 203 enabling titles for telecommunications services and networks during the year, which generated approximately $312,791 in income for the state.6 The Telecommunications and Broadcasting Subscription Provision Regulation, enacted in May 2016, imposes several obligations on telecommunications providers that are granted qualifying titles, including a requirement that they provide “service to people who request it, in equitable conditions, without establishing discriminations.”7
- 1National Assembly of Ecuador, “Ley Orgánica Reformatoria de la ley Orgánica de Comunicación [Amendment of the Organic Law of Communication],” November 14, 2022, https://www.asambleanacional.gob.ec/sites/default/files/private/asamble…
- 2National Assembly Legislative and Oversight Committee, “Constitution of the Republic of Ecuador,” Georgetown Political Database of the Americas, January 31, 2011, http://pdba.georgetown.edu/Constitutions/Ecuador/english08.html.
- 3Servicio de Recaudación de Impuestos, “Registro, Declaración y Pago de IVA por parte de prestadores de servicios digitales no residentes. [Registration, Declaration and Payment of VAT by non-resident digital service providers],” https://www.sri.gob.ec/web/guest/registro-declaracion-y-pago-del-iva-pr…
- 4“Aumentan los servicios digitales que deben pagar 12% de IVA [Digital services that must pay 12% IVA increase],” La Hora, August 30, 2022, https://www.lahora.com.ec/pais/aumentan-los-servicios-digitales-que-deb….
- 5National Assembly of Ecuador, “Ley Orgánica de Telecomunicaciones [Telecommunications Organic Law],” February 18, 2015, https://www.telecomunicaciones.gob.ec/wp-content/uploads/downloads/2016…
- 6Telecommunications Regulation and Control Agency (ARCOTEL), “Informe de Rendición de Cuentas 2022 [Accountability Report 2022]”, https://www.arcotel.gob.ec/wp-content/uploads/2023/05/Informe-rendicion….
- 7ARCOTEL, “Reglamento Prestación Telecomunicaciones y Radiodifusion Suscripción [Telecommunications and Broadcasting Subscription Provision Regulation],” May 6, 2016, https://www.telecomunicaciones.gob.ec/wp-content/uploads/2016/05/REGLAM….
Does the online information landscape lack diversity and reliability? | 3.003 4.004 |
A wide array of digital media outlets has emerged in Ecuador in the last decade. Since websites are not typically blocked, regular internet users do not need to use virtual private networks (VPNs) or other circumvention tools to access online news. Limited funds for independent media and a history of censorship have allowed the digital versions of traditional outlets, such as the websites for popular outlets El Universo and El Telégrafo, to dominate the online sphere.1
According to a statistical report published by the Communication Council in December 2022, there were 893 media outlets recorded in Ecuador’s public media registry, with the vast majority being privately owned. Of those recorded, only 63 were internet outlets—far fewer than the 98 print outlets and 607 radio outlets in the registry.2
Nonetheless, small independent digital media outlets like GK, Primicias, Tinta Digital and Plan V have become influential because of their investigative reporting. Independent digital outlets in Ecuador often emphasize perspectives that are missing or underreported in the traditional media.
There are a number of digital media outlets, including blogs and podcasts, that focus on matters affecting the Indigenous population and other underrepresented groups such as LGBT+ individuals or migrants. The digital community medium Wambra, for example, has positioned itself as a platform for perspectives on gender inequities and Indigenous communities, and broadcasts an online radio program produced by women, LGBT+ groups and social organizations.3 Another digital medium that has taken off in recent years is La Periódica, which centers the perspectives of women and LGBT+ people.4
Other media, such as Habitación Propia, Indómita, Edición Cientonce, and La Andariega, carry out community journalism that aims to raise awareness of gender diversities and sexual and reproductive rights. Despite growing efforts in digital media, there is still a gap in the coverage of these topics.5
Recent initiatives like Lanceros Digitales, a communication collective of the Confederation of Indigenous Nationalities of the Ecuadorian Amazon (CONFENIAE), seek to reach communities that are underserved by traditional media and report on their realities using digital platforms.6 Indigenous groups have also amassed significant social media followings. The Confederation of Indigenous Nationalities of Ecuador’s (CONAIE) Facebook page, for instance, had over 577,000 followers as of May 2023.7 Outlets devoted to Indigenous communities still tend to publish content in Spanish, rather than in Indigenous languages, which remains an obstacle.
False or misleading content is often spread through digital platforms and social networks, including about government officials or political candidates, undermining the reliability of the online information environment. During the 2023 electoral period, there were several cases where false news was spread in an intentional and coordinated manner (see B5).8 The General Secretariat of Communication of the Presidency (SEGCOM) issues statements denying false news about government officials or actions within its competence. In February 2023, for example, SEGCOM issued a statement correcting the false claim that President Lasso had faked a fracture in his leg.9
- 1Mario Jarrín Coello, “Páginas webs más visitadas en Ecuador en 2022 [Most visited websites in Ecuador in 2022],” April 3, 2022, https://comunicate360.com/2022/04/03/webs-visitadas-ecuador-2022/.
- 2Consejo de Comunicación, “Boletín Estadístico Diciembre 2022 [Statistical Bulletin December 2022],” December 2022, https://www.consejodecomunicacion.gob.ec/servicios/rpm/boletin-estadist….
- 3“¿Quiénes somos? [About us],” Wambra, July 21, 2017, https://wambra.ec/wambra-radio/.
- 4“¿Nosotras? [Us],” La Periódica, Accessed June 19, 2023, https://laperiodica.net/nosotras/
- 5Diana Romero, ”¿El periodismo LGBTIQ+ en Ecuador, entre dificultades, discriminación y desafíos financieros? [LGBTIQ+ journalism in Ecuador, between difficulties, discrimination and financial challenges],” Periodistas Sin Cadenas, November 19, 2022, https://www.periodistassincadenas.org/periodismo-ecuador-lgbtiq-discrim…
- 6“Lanceros Digitales,” https://confeniae.net/campanas; “Eslendy Grefa from Ecuador: ‘Yes, indigenous women can do this!’,” DW Akademie, January 4, 2021, https://www.dw.com/en/eslendy-grefa-from-ecuador-yes-indigenous-women-c…; “DW Akademie in Ecuador,” DW Akademie, November 6, 2020, https://www.dw.com/en/dw-akademie-in-ecuador/a-18558570
- 7“Conaie Ecuador,” Facebook, accessed May 31, 2023, https://www.facebook.com/conaie.org/about/
- 8“Elecciones Ecuador 2023: esta es la información falsa que se ha viralizado en las redes en las últimas horas [Elections in Ecuador 2023: this is the false information that has gone viral on the networks in the last hours],” El Comercio, February 05, 2023, https://www.ecuavisa.com/elecciones-2023/elecciones-ecuador-2023-esta-e…
- 9“Desmienten información sobre la salud del presidente Guillermo Lasso que circula en redes [Information about the health of President Guillermo Lasso that circulates on networks is denied],” El Telégrafo, February 23, 2023, https://www.eltelegrafo.com.ec/noticias/actualidad/44/desmienten-inform…
Do conditions impede users’ ability to mobilize, form communities, and campaign, particularly on political and social issues? | 5.005 6.006 |
There are no legal restrictions on digital advocacy or online communities, and social media has continued to serve as a tool for social mobilization in Ecuador.
Indigenous communities have used social media to mobilize protests and express demands. CONAIE used its social networks, especially Twitter, to call and mobilize protests in May 2022 and organize massive mobilizations against Lasso's economic and social policies in June 2022.1
During the national protests in June 2022, the government initially tried to implement internet interruptions through Decree 455, which would have allowed it to temporarily suspend or downgrade the quality of internet services during the state of emergency. The measure was not put into effect in the final decree (see A3).2 That month, CONFENIAE reported that a hacking attempt had disrupted its communication pages during the protests (see C8).3 However, Ecuadorians were ultimately able to use Twitter and Facebook extensively to express opinions and call for action during the demonstrations.
Connectivity disruptions have prevented information sharing during protests in the past. Users were briefly prevented from sharing photographs, images, and audio recordings via WhatsApp and Facebook during October 2019 demonstrations because of connectivity disruptions (see A3).
In recent years, there have been waves of social media activism around women’s rights. Users have turned to Facebook and Twitter to express indignation at femicide and gender-based violence and to advocate for the legalization of abortion in specific circumstances.4 During debates in the National Assembly about the decriminalization of abortion in cases of rape in 2019, for instance, the use of the hashtag #AbortoPorViolacion (#AbortionInCasesOfRape) proliferated on social media. Though the effort was initially voted down, the Constitutional Court decriminalized abortion in pregnancies resulting from rape in April 2021.5 In February 2022, the National Assembly approved a bill to regulate abortion in such cases, which was partially vetoed by President Lasso. A modified version of the law came into force in April 2022, allowing victims of rape to obtain an abortion, with several restrictions and requirements. During the coverage period, women’s rights campaigns, such as Fundación Desafío, have continued to mobilize online.6
- 1CONAIE, @CONAIE_Ecuador, “Informe a la nación desde la realidad de los pueblos y organizaciones, una mirada a los 200 años de independencia. Invitamos a ser parte de este evento democrático, incluyente y participativo desde el poder popular. Martes 24 de mayo 10:00 Quito, @CasadelaCultura #EnUnidad [Inform the nation from the reality of the peoples and organizations, a look at 200 years of independence. We invite you to be part of this democratic, inclusive and participatory event from popular power. Tuesday May 24 10:00 Quito, @CasadelaCultura #EnUnidad],” May 23, 2022, https://twitter.com/CONAIE_Ecuador/status/1528734025896042502; Alexandra Valencia, “Hundreds of indigenous protesters enter Ecuador capital Quito,” Reuters, June 20, 2022, https://www.reuters.com/world/americas/hundreds-indigenous-protesters-e…
- 2“Decreto de estado de excepción está publicado con cambios al acceso de Internet [State of exception decree is published with changes to internet access],” El Comercio, June 18, 2022, https://www.elcomercio.com/actualidad/decreto-de-estado-de-excepcion-es…
- 3Carlos E. Flores, “Ecuador: la tentación de controlar las tecnologías [Ecuador: the temptation to control technologie],” Global Voices, October 27, 2022, https://es.globalvoices.org/2022/10/27/ecuador-la-tentacion-de-controla…
- 4#JusticiaPorPaola #JusticiaDeGénero, January 28, 2020, https://www.facebook.com/watch/?v=159276498821939; #Justiciaparapaola https://twitter.com/hashtag/justiciaparapaola?lang=en; Gabriela Barzallo, “Todos Somos Martha [We are all Martha]: Ecuadorians Protest Gender Violence, Femicide, and Xenophobia,” Latin Dispatch, March 27, 2019, https://latindispatch.com/2019/03/27/todos-somos-martha-ecuadorians-pro…
- 5“Voting on decriminalization of abortion in Ecuador suspended,” Peoples Dispatch, August 3, 2019, https://peoplesdispatch.org/2019/08/03/voting-on-decriminalization-of-a…; “Activists vow to continue struggle as bid to decriminalize abortion in cases of rape fails in Ecuador,” Peoples Dispatch, September 19, 2019, https://peoplesdispatch.org/2019/09/19/activists-vow-to-continue-strugg…; “Ecuador: Criminalizing Abortion Affects Rights, Health,” Human Rights Watch, July 14, 2021, https://www.hrw.org/news/2021/07/14/ecuador-criminalizing-abortion-affe…
- 6“Registro Oficial publica la Ley que regula el aborto en casos de violación [Official Gazette publishes the Law that regulates abortion in cases of rape],” El Comercio, April 29, 2022, https://www.elcomercio.com/tendencias/sociedad/ley-aborto-violacion-reg…
Do the constitution or other laws fail to protect rights such as freedom of expression, access to information, and press freedom, including on the internet, and are they enforced by a judiciary that lacks independence? | 3.003 6.006 |
The Ecuadorian legal framework guarantees protections for freedom of expression, though concerns remain about the independence of the country’s judiciary and the protection of that right in practice. Article 16.2 of the Ecuadorian constitution grants “universal access to information technologies and communication” and Article 384 confers rights to communication, information, and freedom of expression.
A 2013 Communication Law—which originally included restrictive provisions for media that were used to muzzle and harass journalists and outlets—continued to be the subject of longstanding debate during the coverage period. Upon his inauguration in May 2021, President Lasso announced his intention to repeal the law and proposed a draft law to replace it later that month. Following a series of legislative proposals and civil society critiques, the National Assembly’s International Relations and Human Mobility Commission proposed the Draft Organic Law for the Guarantee, Promotion, and Protection of Freedom of the Press, Opinion, Expression, and Communication, on which the National Assembly held its first debate in January 2022.1 The draft included provisions for free expression online, net neutrality, and protections against online censorship, but was criticized by digital rights groups for, among other things, lacking a clear definition of “digital” media.2
During the second round of debate in July 2022, the National Assembly rejected the commission’s majority report, which had been prepared with input from various stakeholders and included proposals by the president and assembly members. Instead, the National Assembly approved a minority report that significantly modified the draft bill. The bill approved by the National Assembly was intensely criticized by government officials and civil society, who labeled it a new gag law containing the same violations of free expression as the 2013 law, and digital rights and press freedom organizations, who condemned its potential for abuse by executive powers. Critics warned against the bill’s potential to criminalize expression by expanding sanctions for violations of the law, its elimination of opinion as a form of expression, its empowerment of state actors as arbiters of truth in the face of disinformation, and its lack of protections for journalists.3 Many of the problematic sanctions were criticized for lacking precise definitions of allegedly offending content and failing to describe what the penalties for violations would be.4
A number of free press and civil society organizations, including Fundamedios and the National Federation of Journalists of Ecuador (FENAPE), called on President Lasso to fully veto the law in July and August 2022.5 Lasso partially vetoed the law on August 24, 2022,6 citing the need to modify the proposed text to safeguard free expression and meet the highest international standards. Press freedom advocates voiced dissatisfaction with his decision, decrying the bill as broadly seeking to control and sanction the media even without the vetoed articles. The partial veto afforded the National Assembly 30 days to either insist upon the approval of the original text or accept the president’s modifications.7
Lasso’s partial veto had included 17 objections for unconstitutionality, to be judged by the Constitutional Court, and 34 for inconvenience, which are instances where the law is either unclear or contradictory, to be returned to the National Assembly.8 Among his constitutional objections, Lasso vetoed a provision that would have excluded “opinion” as a protected form of communication.9 The Constitutional Court approved 12 of Lasso’s 17 unconstitutionality objections in October, including the one on protections for opinion.10 The National Assembly ratified changes to Articles 1, 24 and 44 for inconvenience and neither approved nor rejected Lasso’s other objections, meaning that the president’s additional modifications became law. The final version of the reform to the Communication Law was published in Ecuador’s Official Register in November 2022.11
The reforms as passed contain several provisions that could improve freedom of expression online. Article 4 of the reform law explicitly protects freedom of expression on the internet and the expression of personal opinions on social networks, and pledges that the state will promote internet access and digital literacy. Article 13 contains protections for journalists and obliges the state to protect communication workers who are in physical danger, including those who report on organized crime, corruption, and prison violence. Lasso’s veto also alleviated concerns that the original version of the bill would allow the Ombudsman’s Office to censor the media, instead encouraging media outlets to develop self-regulation mechanisms through ethical codes or publishing policies, affirming that the state has no role in the regulation of journalistic activity or content (see B3).12
However, a Fundamedios report from December 2022 noted that, despite the fact that the law codifies Ecuador’s commitment to implementing all its international human rights obligations, these commitments are not carried out in practice. According to Fundamedios, the country must do more to adhere to international standards of free expression in practice, and the number of threats and instances of physical violence against journalists have worsened under the Lasso government (see C7).13
Several restrictive provisions in the 2013 Communication Law were previously reformed in February 2019.14 Important changes included the elimination of the mandatory media code of conduct (Article 10) and the prohibition on media lynching, which was used to prevent journalists from investigating corruption. Furthermore, SUPERCOM, which oversaw compliance, was eliminated. However, the office of the audience ombudsman—an important resource to which citizens appealed when discriminatory content was published—was disbanded under these reforms.15
- 1“Ecuador: Amnesty Granted To 268 Rights Defenders and Protesters,” CIVICUS, March 30, 2022, https://monitor.civicus.org/updates/2022/03/30/ecuador-amnesty-granted-…; “Presidente de Ecuador envió a la Asamblea Nacional proyecto para una nueva Ley de Comunicación [President of Ecuador sent to the National Assembly a project for a new Communication Law],” Observacom, May 27, 2021, https://www.observacom.org/presidente-de-ecuador-envio-a-la-asamblea-na…; “Sector comunitario de Ecuador advierte enormes retrocesos en el proyecto de la nueva Ley de Comunicación de Lasso [Community sector of Ecuador warns of enormous setbacks in the project of the new Communication Law of Lasso],” Observacom, June 2, 2021, https://www.observacom.org/sector-comunitario-de-ecuador-advierte-enorm…
- 2Mayra Osorio, “Ecuador hacia una nueva ley de libertad de prensa, opinión y expression [Ecuador towards a new law on freedom of the press, opinion and expression],” Derechos Digitales, February 18, 2022, https://www.derechosdigitales.org/17888/ecuador-hacia-una-nueva-ley-de-…
- 3J. Carlos Lara, “Los límites para la libertad de prensa en Ecuador [The limits to freedom of the press in Ecuador],” Derechos Digitales, August 19, 2022, https://www.derechosdigitales.org/19220/los-limites-para-la-libertad-de…
- 4“Asamblea: Los puntos de la polémica reforma a la Ley de Comunicación [Assembly: The points of the controversial reform to the Communication Law,]” Primicias, accessed September 26, 2022, https://www.primicias.ec/noticias/politica/claves-polemica-reforma-ley-…
- 5"Gremios de medios y periodistas apoyan al presidente de Ecuador en su intención de vetar la reforma a la Ley Orgánica de Comunicación [Media unions and journalists support the president of Ecuador in his intention to veto the reform of the Organic Law of Communication],” Observacom, July 29, 2022, https://www.observacom.org/gremios-de-medios-y-periodistas-apoyan-al-pr…; “Múltiples voces en Ecuador exigen al Presidente un VETO TOTAL a la nueva ‘Ley Mordaza’ [Multiple voices in Ecuador demand from the President a TOTAL VETO to the new 'Gag Law'],” Fundamedios, August 15, 2022, https://www.fundamedios.org.ec/multiples-voces-en-ecuador-exigen-al-pre…
- 6“Eliminación de la ‘censura previa’ y la autorregulación para medios, entre los principales cambios de la Ley de Comunicación [Elimination of ‘prior censorship’ and self-regulation for the media, among the main changes of the Communication Law], El Universo, November 16, 2022. https://www.eluniverso.com/noticias/politica/eliminacion-de-la-censura-….
- 7“Ecuador veta parcialmente reformas a ley de comunicación [Ecuador partially vetoes reforms to the communication law],“ Associated Press, August 24, 2022, https://apnews.com/article/noticias-c20c381584a84b1f0b2590122c156d4f
- 8Susana Roa C. “Así entrarán en vigencia reformas de la Ley de Comunicación” [This is how the reforms to the Communication Law will come into force]. GK Press. November 11, 2022. https://gk.city/2022/11/11/asi-entraran-vigencia-reformas-ley-comunicac…
- 9“Te explicamos el fallo de la Corte Constitucional sobre las reformas a la Ley de Comunicación [We explain the ruling of the Constitutional Court on the reforms to the Communication Law], GK, October 7, 2022, https://gk.city/2022/10/07/fallo-corte-constitucional-objecion-inconsti….
- 10“Te explicamos el fallo de la Corte Constitucional sobre las reformas a la Ley de Comunicación [We explain the ruling of the Constitutional Court on the reforms to the Communication Law],” GK, October 7, 2022, https://gk.city/2022/10/07/fallo-corte-constitucional-objecion-inconsti….
- 11“Leyes aprobadas - Registro Oficial R.O. No. 188, Segundo Suplemento, de 14-11-2022” [Laws approved - Official Register]”. The National Assembly, November 14, 2022. https://www.asambleanacional.gob.ec/es/leyes-aprobadas?leyes-aprobadas=…
- 12“Leyes aprobadas - Registro Oficial R.O. No. 188, Segundo Suplemento, de 14-11-2022 [Laws approved - Official Register],” The National Assembly, November 14, 2022, https://www.asambleanacional.gob.ec/es/leyes-aprobadas?leyes-aprobadas=…; Susana Roa Chejín, “Así entrarán en vigencia las reformas a la Ley de Comunicación [This is how the reforms to the Communication Law will enter into force],” GK, November 11, 2022, https://gk.city/2022/11/11/asi-entraran-vigencia-reformas-ley-comunicac….
- 13César Ricaurte, Paúl Zamora y Sonia Romero,“Recomendaciones para la Libertad de Expresión y Prensa: ¿Letra muerta en Ecuador?”, [Recommendations for Freedom of Expression and Press: Dead Letter in Ecuador?], Fundamedios, December 22, 2022. https://www.fundamedios.org.ec/especial-fundamedios-recomendaciones-par…
- 14National Assembly of Ecuador, “Ley Orgánica Reformatoria a la ley Orgánica de Comunicación [Amendment of the Organic Law of Communication],” February 20, 2019, .
- 15Ana Cristina Basantes, “Claves para entender las reformas a la Ley Orgánica de Comunicación en Ecuador [Key Points to Understand the Reforms of the Organic Law of Communication in Ecuador],” GK, February 18, 2019, https://gk.city/contexto/claves-para-entender-reformas-ley-comunicacion…; “La Corte Constitucional acepta parcialmente el veto por inconstuticionalidad de la Ley de Comunicación; Ecuavisa, October 4, 2022, https://www.ecuavisa.com/noticias/ecuador/ley-de-comunicacion-corte-con….
Are there laws that assign criminal penalties or civil liability for online activities, particularly those that are protected under international human rights standards? | 2.002 4.004 |
While former president Moreno reformed legislation that penalized various online activities, penal-code provisions that affect online speech remain. In recent years, President Lasso has successfully halted some legislative efforts to introduce even stricter reforms.
Penal-code changes that entered into force in August 2014 eliminated criminal charges for insult but retained them for slander and libel.1 Article 182 maintains penalties ranging from 6 months to 2 years imprisonment for slander in the form of a false criminal accusation.2 Article 396 of the penal code notably punishes expressions that “discredit or dishonor” with imprisonment of 15 to 30 days (see C3). Article 179 restricts protections for whistleblowers by establishing a prison sentence of six months to one year for any person “who, by virtue of [their] state or office, employment, profession, or art, has knowledge of a secret whose divulgement might cause harm to another and reveals it.” Article 229 places further restrictions on divulging information by banning the revelation of registered information, databases, or archives through electronic systems in a way that violates another’s intimacy or privacy, with no exceptions for whistleblowers or journalists. Article 307 establishes a penalty of five to seven years in prison for creating economic panic by “publishing, spreading, or divulging false news that causes harm to the national economy in order to alter the prices of goods.”
In June 2021, President Lasso partially vetoed a bill that sought to expand some of the problematic articles in the penal code and introduce others into the legal framework.3 In May 2021, a majority of legislators approved the Law to Prevent and Combat Digital Sexual Violence and Strengthen the Fight against Computer Crimes.4 Though the bill aimed to protect women and children from online gender-based violence, it raised alarms from civil society and media organizations, who viewed multiple provisions as threats to free speech and uninhibited reporting, particularly on corruption and other forms of official misconduct.5 Articles 11 and 16 of the Digital Violence Law—which would expand the already-restrictive Articles 179 and 396 of the penal code, respectively—were of particular concern. The former would establish heightened penalties of one to three years for those found guilty of “divulging secrets” in the form of personal digital content, such as messages, photographs, or videos.6 Like the existing provision, the proposed reform did not contain a public-interest exception.7 The proposed reform to Article 396 would extend existing penalties for “expressions that discredit or dishonor” to those expressed over information and communication technologies.8
The National Assembly agreed with many of Lasso’s objections in July 2021.9 Consequently, some of the more problematic provisions did not ultimately become codified when the modified law was published in the official gazette in August 2021. A public-interest exception was added, for instance, to Article 179 of the penal code. However, Article 396 retained the proposed penalties for digitally discrediting or dishonoring others, and prison sentences ranging from six months to one year for those who repeatedly “annoy, disturb, or distress” another through digital means.10
- 1Ministry of Justice, Human Rights, and Cults, “Código Orgánico Integral Penal [Comprehensive Organic Criminal Code],” 2014, http://www.oas.org/juridico/PDFs/mesicic5_ecu_ane_con_judi_c%C3%B3d_org…
- 2Sara Chaco, “Defamation and libel laws in Ecuador,” Cuenca High Life, January 1, 2022, https://cuencahighlife.com/defamation-in-ecuador-ecuadorian-libel-law-o…
- 3For more information on the background and development of the law, see: “Qué es la violencia sexual digital y el ciberacoso, conductas que se tipifican en proyecto de ley por abordar [What is digital sexual violence and cyberbullying, behaviors that are typified in the bill to be addressed,” El Universo, November 10, 2020. https://www.eluniverso.com/noticias/2020/11/10/nota/8043397/propuesta-n…; Ana Belén Rosero, “Asamblea tramita proyecto de ley para sancionar la violencia sexual digital [Assembly admits bill to sanction digital sexual violence],” El Comercio, October 19, 2020, https://www.elcomercio.com/actualidad/asamblea-ley-violencia-sexual-dig…; “Justicia unifica proyectos en materia de prevención del acoso digital y de tipificación de delitos de sexting y hostigamiento [Justice unifies projects on the prevention of digital harassment and the definition of crimes of sexting and harassment],” National Assembly, https://www.asambleanacional.gob.ec/es/noticia/70645-justicia-unifica-p…; “Ecuador se ubica a la vanguardia en la lucha contra la violencia sexual digital y los delitos informáticos [Ecuador is at the forefront in the fight against digital sexual violence and cybercrime],” National Assembly, May 6, 2021, https://www.asambleanacional.gob.ec/es/noticia/71773-ecuador-se-ubica-l…
- 4“Ecuadorian congress passes ‘digital violence’ bill that threatens press freedom,” Committee to Protect Journalists, May 11, 2021, https://cpj.org/2021/05/ecuadorian-congress-passes-digital-violence-bil…
- 5Martina Rapido Ragozzino and Deborah Brown, “Tackling Digital Violence in Ecuador Shouldn’t Endanger Free Speech,” Human Rights Watch, June 8, 2021, https://www.hrw.org/news/2021/06/08/tackling-digital-violence-ecuador-s…
- 6Asamblea Nacional, Proyecto De Ley Orgánica Reformatoria Del Código Orgánico Integral Penal Para Prevenir Y Combatir La Violencia Sexual Digital Y Fortalecer La Lucha Contra Los Delitos Informáticos [Draft organic law reformation of the comprehensive organic criminal code to prevent and combat digital sexual violence and strengthen the fight against computer crime], May 10, 2021, https://www.fielweb.com/App_Themes/InformacionInteres/Nuevo_aprobado_Vi…
- 7Martina Rapido Ragozzino and Deborah Brown, “Tackling Digital Violence in Ecuador Shouldn’t Endanger Free Speech,” Human Rights Watch, June 8, 2021, https://www.hrw.org/news/2021/06/08/tackling-digital-violence-ecuador-s…
- 8“Reformas al COIP por violencia sexual digital toparon temas sobre libertad de expresión [Reforms to the COIP for digital sexual violence raised issues on freedom of expression],” El Universo, May 7, 2021, https://www.eluniverso.com/noticias/politica/reformas-al-coip-por-viole…
- 9“Asamblea Nacional tramita reformas al COIP sobre violencia sexual digital [National Assembly processes reforms to the COIP on digital sexual violence],” El Universo, July 9, 2021, https://www.eluniverso.com/noticias/politica/asamblea-nacional-tramita-…; “Presidente Guillermo Lasso veta parcialmente proyecto de ley contra la violencia sexual digital y lucha contra delitos informáticos [President Guillermo Lasso partially vetoes bill against digital sexual violence and the fight against cybercrime],” El Universal, June 10, 2021, https://www.eluniverso.com/noticias/politica/presidente-guillermo-lasso…
- 10“El trámite de Ley contra Violencia Digital terminó en la Asamblea y se mantienen delitos contra la honra [The process of the Law against Digital Violence ended in the Assembly and crimes against honor remain],” El Comercio, July 9, 2021, https://www.elcomercio.com/actualidad/politica/tramite-ley-violencia-di…; Solines & Asociados Abogados, "Ley Orgánica Reformatoria del Código Orgánico Integral Penal para Prevenir y Combatir la Violencia Sexual Digital y Fortalecer la Lucha Contra los Delitos Informáticos,” September 2, 2021, https://www.solines.ec/wp-content/uploads/2021/09/Ley-Org%C3%A1nica-Ref…
Are individuals penalized for online activities, particularly those that are protected under international human rights standards? | 5.005 6.006 |
Score Change: The score improved from 4 to 5 because Ola Bini was declared innocent by a unanimous verdict in January 2023, potentially ending a years-long trial against him.
The number of lawsuits threatening social media users and online journalists has decreased in recent years, and lawsuits are regularly withdrawn or dismissed.1 A prominent case from 2019 appeared to be decided in favor of digital rights during the coverage period, though an appeal remains outstanding.
The Ola Bini trial, which has received international condemnation for significant delays and due process violations during Bini’s initial detention, remained ongoing during the coverage period. In April 2019, Ecuadorian police arrested Bini, a Swedish digital security expert with links to WikiLeaks founder Julian Assange, for “alleged participation in attacks against the integrity of computer systems.”2 Human rights defenders said his arrest was arbitrary.3 The Ecuadorian government attributed his detention to an alleged scheme to blackmail then president Moreno over Ecuador’s disassociation from Assange,4 whom Bini had visited multiple times in the Ecuadorian embassy in London.5 Bini was arrested on the same day Ecuador revoked Assange’s asylum, after more than six years, and British authorities removed Assange from the embassy.6 Moreno asserted that Assange was establishing a spy center within the embassy and interfering with the democratic stability of several countries, including Ecuador.7
Bini was released from detention in June 2019 after the Provincial Court of Pichincha granted his lawyers’ request for habeas corpus, though he remained barred from leaving Ecuador and was required to appear at the prosecutor’s office weekly.8 After it was postponed at least five times in 2020, his pre-trial hearing concluded in June 2021.9 The first part of Bini’s trial, scheduled for October 2021, was postponed until January 2022; the second part of the trial resumed in May 2022. The final days of negotiations, set for August 2022, were postponed due to the lack of a translator.10 Authorities raided Bini’s office, reportedly without a court order, in April 2022.11
In January 2023, almost four years after Bini was initially arrested, a three-judge tribunal unanimously declared him innocent. In its decision, the court ruled that prosecutors had not presented relevant evidence of a crime and had not sufficiently demonstrated that Bini gained unauthorized access to computer systems.12
Digital rights organizations, including the Electronic Frontier Foundation (EFF) and Article 19, welcomed the verdict and urged Ecuadorian authorities not to appeal the decision.13 However, the Prosecutor’s Office formally decided to appeal the decision in May 2023.14 As of July, after the end of the coverage period, the appeal of Bini’s acquittal remained ongoing. During the appeal, Bini may not leave Ecuador and his bank accounts remain frozen.15
In May 2022, former legislator Ludovico Cruz filed a second criminal slander lawsuit against journalist Danilo Villarroel based on an investigation published in the digital outlet El Diario de Riobamba Digital in January 2022. The investigation revealed Cruz’s ownership of a gas station on a road that had been heavily invested in by the local government, of which Cruz’s son was a part. Cruz alleged that the reporting was false. Cruz’s initial suit, filed in February 2022, was dropped by a judge after Cruz failed to respond to Villarroel’s request to specify the alleged damages.16 In January 2023, the Criminal Chamber of the Provincial Court of Justice of Chimborazo declared Cruz’s second case against Villarroel null, ending the lawsuit.17 In its decision, the court agreed that Villarroel’s investigation was based on legitimate journalistic techniques. If found guilty, Villarroel had faced up to two years’ imprisonment.
During the previous coverage period, in September 2021, authorities raided the office of journalist Fausto Chimbolema, who runs the Facebook-based local news outlet La Voz TV Online, and confiscated his cell phone, laptop, and memory cards. Chimbolema suspected the raid, which the authorities did not explain, was in retaliation for his alleged interference in an ongoing investigation. Chimbolema published an article earlier that month with details from an anonymous source about the police raiding properties as part of a bank fraud investigation. Chimbolema had received a message on WhatsApp after publishing the article requesting that he provide testimony at the local attorney general’s office.18
Previously, in October 2020, television host Juan Sarmiento was given a 10-day prison term, fined $100, and ordered to publicly apologize for criticizing Napo provincial governor Patricio Espíndola’s management of the COVID-19 crisis in a Facebook post and on the news program Tendencia Digital. Sarmiento’s appeal was rejected in November, and several weeks later he traveled to Peru under the protection of a program for at-risk journalists. He was detained upon his return to Ecuador in February 2021 but was released the next day because his arrest warrant had already expired.19
- 1“Actualización: Jueza Yadira Proaño archivó denuncia contra Fernando Villavicencio [Update: Judge Yadira Proaño filed a complaint against Fernando Villavicencio],” Fundamedios, October 22, 2020, https://www.fundamedios.org.ec/alertas/actualizacion-jueza-yadira-proan…; “Asambleísta Jimmy Candell retira denuncia contra Luis Eduardo Vivanco, periodista de La Posta, a quien acusaba de haber afectado su honra [Assemblyman Jimmy Candell withdraws complaint against Luis Eduardo Vivanco, a journalist from La Posta, whom he accused of having affected his honor],” El Universo, January 19, 2021, https://www.eluniverso.com/noticias/2021/01/19/nota/9594553/asambleista…
- 2“Ciudadano sueco fue procesado por presunto ataque a la integridad de sistemas informáticos [Swedish citizen processed by alleged attack on integrity of computer systems],” Fiscalía General del Estado, April 13, 2019, https://www.fiscalia.gob.ec/ciudadano-sueco-fue-procesado-por-presunto-….
- 3David Kaye, @davidakaye, “nothing in this story connects @olabini to any crime. digital privacy advocate/expert, expressed support for WL, etc - for sure. but the govt of #Ecuador must demonstrate more than that or this looks like an arbitrary detention,” April 14, 2019, https://twitter.com/davidakaye/status/1117489081397547008.
- 4José María León Cabrera, “Ecuador Detains a Friend of Assange. Critics Say It’s Guilt by Association,” The New York Times, April 21, 2019, https://www.nytimes.com/2019/04/21/world/americas/ecuador-ola-bini-assa….
- 5Joshua Goodman and Frank Bajak, “Who Is Ola Bini? Swedish Developer Who Visited Assange Arrested In Ecuador,” Talking Points Memo, April 13, 2019, https://talkingpointsmemo.com/news/who-is-ola-bini-swedish-programmer-w…
- 6Patrick Wintour, “Assange tried to use embassy as 'centre for spying', says Ecuador's Moreno,” The Guardian, April 14, 2019, https://www.theguardian.com/media/2019/apr/14/assange-tried-to-use-emba….
- 7Nicholas Casey and Jo Becker, “As Ecuador Harbored Assange, It Was Subjected to Threats and Leaks,” The New York Times, April 12, 2019, https://www.nytimes.com/2019/04/12/world/europe/ecuador-assange-wikilea…
- 8“Justicia de Ecuador ordena liberar a informático sueco vinculado con Assange [Justice of Ecuador orders release of Swedish computer specialist linked to Assange],” El Comercio, June 20, 2019, https://elcomercio.pe/mundo/actualidad/ecuador-justicia-ecuador-deja-li…; Vincent Ricci, “Swedish friend of Assange fights to clear his name in Ecuador,” Al Jazeera, January 4, 2021, https://www.aljazeera.com/news/2021/1/4/swedish-friend-of-assange-fight….
- 9Jason Kelley, “After Years of Delays and Alarmingly Flimsy Evidence, Security Expert Ola Bini’s Trial Set for This Week,” Electronic Frontier Foundation, October 19, 2021, https://www.eff.org/deeplinks/2021/10/after-years-delays-and-alarmingly…; Jason Kelley and Veridiana Alimonti, “EFF and Other Civil Society Organizations Issue Report on Danger to Digital Rights in Ola Bini Trial,” Electronic Frontier Foundation, May 9, 2022, https://www.eff.org/deeplinks/2022/05/eff-and-other-civil-society-organ…
- 10Denise Herrera, “Ola Bini: La Justicia ecuatoriana sigue vulnerando sus derechos [Ola Bini: Ecuadorian Justice continues to violate their rights],” Radio Pichincha, August 30, 2022, https://www.pichinchacomunicaciones.com.ec/ola-bini-la-justicia-ecuator…
- 11“Ecuador raids office of Swedish computer scientist friend of Assange,” EFE, April 9, 2022, https://www.efe.com/efe/english/world/ecuador-raids-office-of-swedish-c…
- 12Electronic Frontier Foundation, “La próxima etapa del juicio a un experto en seguridad, ha sido fijada para el 31 de enero” ["The next stage of the trial of a security expert, has been set for Jan. 31.], January 2023, https://www.eff.org/es/deeplinks/2023/03/aftermath-ola-binis-unanimous-….
- 13“Ecuador: Ola Bini innocent verdict must lead to stronger digital rights,” ARTICLE 19, February 7, 2023, https://www.article19.org/resources/ecuador-ola-bini-innocent-verdict-m….
- 14Ola Bini, @olabini,”It's extremely frustrating, and to be honest, I'm feeling pretty down these days. Last week the written resolution came which ratified my innocence. But this week, the prosecutor appealed the decision, even though they have NO EVIDENCE. So I'm still under the same restrictions,” Twitter, May 5, 2023, https://twitter.com/olabini/status/1654468567713153027.
- 15George Wong and Veridiana Alimonti, “Ecuador's Judicial System Must Reaffirm Ola Bini's Innocence In the Face of Prosecutor's Office Appeal,” Electronic Frontier Foundation, July 17, 2023, https://www.eff.org/deeplinks/2023/07/ecuadors-judicial-system-must-rea….
- 16“Exasambleísta de CREO inicia hostigamiento judicial contra periodista en Ecuador [Former Assemblyman of CREO initiates judicial harassment against journalist in Ecuador],” Fundamedios, May 4, 2022, https://www.fundamedios.org.ec/alertas/exasambleista-correista-inicia-h…
- 17La Justicia ecuatoriana declara la nulidad de una demanda impulsada contra un periodista, [Ecuadorian justice declares null and void a lawsuit filed against a journalist],” Fundamedios, January 3, 2023, https://www.fundamedios.org.ec/alertas/la-justicia-ecuatoriana-declara-…
- 18“Ecuadorian authorities raid office of journalist Fausto Chimbolema, confiscate equipment,” CPJ, September 22, 2021, https://cpj.org/2021/09/ecuadorian-authorities-raid-office-of-journalis…
- 19“Periodista Juan Sarmiento fue apresado por la Policía Nacional del Ecuador[Journalist Juan Sarmiento was arrested by the Ecuadorian National Police],” Fundamedios, February 6, 2021, https://www.fundamedios.org.ec/alertas/periodista-apresado-ecuador/; “Periodista Juan Sarmiento quedó libre tras prescripción de sentencia [Journalist Juan Sarmiento was released after prescription of sentence],” Fundamedios, February 7, 2021, https://www.fundamedios.org.ec/alertas/periodista-libertad-prescripcion…
Does the government place restrictions on anonymous communication or encryption? | 3.003 4.004 |
Neither anonymous nor encrypted communications are banned in Ecuador, and users are not required to turn over their encryption keys without a court mandate. Reforms made to the Communication Law in 2019 eliminated a requirement that users must register their name and government identification number to make comments in digital forums and news sites.1
Cell phones and SIM cards, however, must be registered using a national ID.2 ARCOTEL can require ISPs to provide the IP addresses of their clients without a judicial order.3
- 1“Normas deontológicas, eliminadas de la Ley de Comunicación [Deontological standards, removed from the Communication Law],” El Universo, December 3, 2018, https://www.eluniverso.com/noticias/2018/12/03/nota/7081764/normas-deon….
- 2“Freedom of Expression, Encryption and Anonymity, Civil Society and Private Sector Perceptions,” Derechos Digitales, 2015, https://www.derechosdigitales.org/wp-content/uploads/freedom-of-express….
- 3Telecommunications Regulatory and Control Agency (ARCOTEL), “Reglamento Abonados Servicios Telecomunicaciones y Valor Agregado, Art. 29.9 [Telecommunication Services Subscribers and Aggregated Value Regulations, Article 29.9],” July 20, 2012, https://www.arcotel.gob.ec/wp-content/uploads/2015/10/reglamento-para-l….
Does state surveillance of internet activities infringe on users’ right to privacy? | 2.002 6.006 |
The government’s access to foreign surveillance equipment and history of using communications technology to surveil citizens, including journalists and activists, raise concerns for internet users’ privacy in Ecuador.
In March 2023, the National Assembly enacted the Organic Law to Reform Various Legal Bodies for the Strengthening of Institutional Capacities and Comprehensive Security, establishing potentially concerning online surveillance capacities related to national security. Article 77 of the law, for instance, allows prosecutors to authorize an “undercover computer agent,” who is empowered to mask their identity to “carry out patrols or digital actions in cyberspace, penetrating and infiltrating computer platforms such as forums, communication groups, or closed sources of information” in order to broadly “investigate or clarify criminal acts committed or that may be committed.” Prosecutors, however, must obtain a judicial authorization for undercover agents to record images, audio, or video of such conversations.1 Digital rights organizations such as Access Now and Derechos Digitales have expressed concern that this enables disproportionate cyberpatrolling without establishing clear limits on the purpose of such surveillance.2
The government has access to an array of surveillance equipment acquired from international companies. An August 2021 Access Now report detailed the state’s opaque use of such technologies for video surveillance and facial recognition purposes, as well as the lack of a legal framework to regulate such practices.3 The use of surveillance technologies has disproportionately targeted people seen as unsympathetic to the state in the past; for instance, one report author highlighted the use of cell phone sensors and video surveillance to locate environmental activists.4
Access Now’s 2021 report also confirmed the use of surveillance technology provided by Swedish company Axis, Chinese company Hikvision, and Israeli-US company Verint.5 Allegations that the state had been using surveillance equipment purchased from foreign companies had emerged in the past. In September 2020, in response to a question about the alleged use of telephone interception equipment provided by G12 Impact, Verint Web Intelligence, and Plataforma Trapdoor, then interior minister María Paula Romo evasively stated that tracking equipment was only being used by the national police in criminal investigations with judicial authorization.6 In December 2020, University of Toronto’s Citizen Lab included Ecuador in a list of 25 countries where governments were likely customers of the Israeli surveillance company Circles. Circles’ clients can monitor calls, text messages, and mobile-phone geolocation by exploiting weaknesses in mobile telecommunications infrastructure.7
Prior to more recent privacy concerns, the Ecuadorian government had a history of surveilling its citizens using communications technology. Created in 2009, the National Secretariat of Intelligence (SENAIN) oversaw the production of “strategic SIGINT [signals intelligence] for the integral security of the state, society, and democracy.” Most of its budget was allocated to “special expenses for communications and counterintelligence.”8 Leaked Correa-era documents exposed compelling evidence that the government engaged in surveillance of a wide range of individuals, including illegally spying on politicians, journalists, and activists.9 Moreno eliminated SENAIN in September 2018 and created the Strategic Intelligence Center (CIES), which received all of SENAIN’s functions, competence, attributions, rights, obligations, resources, and budget.10 The Ecuadorian intelligence apparatus also has access to extensive surveillance capabilities through the countrywide deployment of thousands of cameras that transmit live to the headquarters of ECU911, with a direct mirror reportedly existing at CIES offices.11
- 1Registro Oficial, “Ley Orgánica Reformatoria a Varios Cuerpos Legales para el Fortalecimiento de las Capacidades Institucionales y la Seguridad Integral [Organic Law to Reform Various Legal Bodies for the Strengthening of Institutional Capacities and Comprehensive Security],” March 29, 2023, https://www.asambleanacional.gob.ec/sites/default/files/private/asamble….
- 2Franco Giandana Gigena, “Ecuador, latitud cero para el ciberpatrullaje [Ecuador, zero latitude for cyberpatrolling],” Access Now, April 26, 2023, https://www.accessnow.org/agente-encubierto-informatico-ecuador/; Michel Roberto de Souza, “Ecuador: muchos cambios, poco que celebrar [Ecuador: many challenges, little to celebrate],” Derechos Digitales, May 12, 2023, https://www.derechosdigitales.org/20752/ecuador-muchos-cambios-poco-que….
- 3Access Now, “Surveillance Tech in Latin America: Made Abroad, Deployed at Home,” August 2021, https://www.accessnow.org/cms/assets/uploads/2021/08/Surveillance-Tech-…
- 4Carlos Flores and Ameya Nagarajan, “‘We are living under constant video surveillance in Ecuador,’ says activist Anaís Córdova,” Global Voices, April 5, 2022, https://globalvoices.org/2022/04/05/we-are-living-under-constant-video-…
- 5Access Now, “Surveillance Tech in Latin America: Made Abroad, Deployed at Home,” August 2021, https://www.accessnow.org/cms/assets/uploads/2021/08/Surveillance-Tech-…
- 6Daniel Romero, “Ministra María Paula Romo prepara respuesta sobre uso de equipos para interceptar Comunicaciones. [Minister María Paula Romo prepares a response on the use of equipment to intercept communications],” El Comercio, September 6, 2020. https://www.elcomercio.com/actualidad/ministra-romo-respuesta-equipos-c….; Christopher Bing, Joel Schectman, and Jack Stubbs, “Cyber-intel firms pitch governments on spy tools to trace coronavirus,” Reuters, April 28, 2020, https://www.reuters.com/article/us-health-coronavirus-spy-specialreport…
- 7Bill Marczak, John Scott-Railton, Siddharth Prakash Rao, Siena Anstis, and Ron Deibert. Citizen Lab. Running in CirclesUncovering the Clients of Cyberespionage Firm Circles. December 1, 2020. https://citizenlab.ca/2020/12/running-in-circles-uncovering-the-clients…
- 8National Intelligence Secretariat of Ecuador, “Programación Anual de la Política Pública [Annual Program for Public Policy],” February 11, 2015, https://web.archive.org/web/20160327011719/http:/www.inteligencia.gob.e….
- 9Roberto Aguilar, “La policía política de la Senain vigila a civiles y grupos sociales [The political police of the Senain monitors civilians and social groups],” Ecuador en Vivo, September 20, 2017, http://www.ecuadorenvivo.com/politica/24-politica/66136-la-policia-poli…; “Las perspectivas del cambio en los servicios de inteligencia [Perspectives Of Change In Intelligence Services],” Plan V, October 1, 2018, https://www.planv.com.ec/historias/politica/perspectivas-del-cambio-ser….
- 10Center for Strategic Intelligence (CIES), “Decreto de creación del Centro de Inteligencia Estratégica [Decree for creation of the Center for Strategic Intelligence],” September 21, 2018, https://www.cies.gob.ec/wp-content/uploads/2019/01/Decreto-de-creaci%C3…. ; National Intelligence Secretariat of Ecuador, “Decreto de creación del Centro de Inteligencia Estratégica [Decree for creation of the Center for Strategic Intelligence],” September 21, 2018, https://www.cies.gob.ec/wp-content/uploads/2019/01/Decreto-de-creaci%C3….
- 11Paul Mozur, Jonah M. Kessel, and Melissa Chan, “Made in China, Exported to the World: The Surveillance State,” The New York Times, April 24, 2019, https://www.nytimes.com/2019/04/24/technology/ecuador-surveillance-came…. ; “Cámaras de Videovigilancia,” Servicio integrado de seguridad ECU911, accessed March 4, 2021, https://web.archive.org/web/20210117000706/https://www.ecu911.gob.ec/ca…; “How China Trains the World’s Autocrats to Surveil Their People | NYT,” The New York Times (Youtube Channel), April 24, 2019, https://youtu.be/p8WAIFatAqw.
Does monitoring and collection of user data by service providers and other technology companies infringe on users’ right to privacy? | 4.004 6.006 |
Under the rules of the Organic Law of Telecommunications, ISPs are obliged by ARCOTEL to “provide technical, economic, financial, legal documents, and in general, any form or request for information” and to “allow inspections to facilities and systems.”1 In September 2018, ARCOTEL approved a technical standard for the registration of subscribers or customers of telecommunications services and broadcasting services. This technical norm establishes that service providers must protect personal data in their databases and cannot use such data for any other purpose without explicit informed consent from the customer.2
The National Assembly approved the Organic Law on Personal Data Protection in May 2021.3 The law creates an independent body for data protection, the Superintendence for the Protection of Personal Data, and is seen as potentially the most advanced data protection legislation in the region. The draft, introduced by the government in 2019 following a large data breach, was based on two years’ worth of work by government agencies in consultation with civil society organizations.4 The proposed legislation established penalties for the unauthorized use of personal data by both public and private entities and forbade the use of personal data for anything that exceeds the original purpose.5 In July 2021, academics and representatives from digital rights, free expression, and data privacy organizations established an observatory to monitor the implementation of the law.6
When enacted in May 2021, the data protection law established a two-year transition period for companies to comply with the law’s data protection requirements—a deadline that passed during the coverage period, on May 26, 2023. However, the Superintendence for the Protection of Personal Data had not been appointed by that date; President Lasso named his shortlist for the position on May 29.7 As a result, the authority to monitor compliance with the law and enforce the sanctioning regime had not been established by the end of the coverage period.
Judges can issue court orders compelling ISPs to provide communication data to law enforcement agencies. Content intercepted via internet surveillance is admissible in court and can be used to convict defendants under Articles 476 and 528 of the criminal code. Since 2015, the Subsystem for Interception of Communications or Computer Data (SICOM) of the attorney general’s office allows interception of voice calls and short-message service (SMS) texts of criminal suspects.8
Article 67 of the March 2023 Organic Law to Reform Various Legal Bodies for the Strengthening of Institutional Capacities and Comprehensive Security allows prosecutors, without judicial authorization, to order service providers to retain subscriber and traffic data, particularly in cases when the data is likely to be lost or modified. Under the order, data must be retained for up to 90 days, which can be extended in the same increments.9
Mobile operators are required to implement technology that automatically provides the physical location of mobile phone users for emergency purposes, within a range of 50 meters.10
- 1Telecommunications Regulatory and Control Agency (ARCOTEL), “Decreto Ejecutivo 864 [Executive Decree 864],” January 25, 2016, https://www.telecomunicaciones.gob.ec/wp-content/uploads/2016/02/Reglam….
- 2Telecommunications Regulatory and Control Agency (ARCOTEL), “Norma Técnica para el empadronamiento de abonados, suscriptores y clientes de servicios de telecomunicaciones y servicios de radiodifusión por suscripción [Technical standards for the registration of subscribers and customers of Telecom services and broadcast services by subscription],” 2018, https://www.arcotel.gob.ec/wp-content/uploads/2018/02/Prop-norma-empadr….
- 3National Assembly of Ecuador, “Pleno aprueba proyecto de Ley de Protección de Datos Personales [Plenary approves draft Personal Data Protection Law],” May 10, 2021, https://www.asambleanacional.gob.ec/es/noticia/71805-pleno-aprueba-proy…
- 4National Assembly of Ecuador, “Funcionarios de Gobierno Sustentan Proyecto de Ley Orgánica de Protección de Datos Personales [Government Officials Support Draft Organic Law on Protection of Personal Data],” November 13, 2019, https://www.asambleanacional.gob.ec/es/noticia/64164-funcionarios-de-go…; “Ecuador fast-tracks data privacy law after massive breach,” Financial Times, September 20, 2019, https://www.ft.com/content/35f9aea0-dbb0-11e9-8f9b-77216ebe1f17; Alexander Fetani, “Ecuador: Data protection bill ‘resembles the GDPR in several aspects’,” One Trust Data Guidance, September 26, 2019, https://www.dataguidance.com/ecuador-data-protection-bill-resembles-the….
- 5National Assembly of Ecuador, “Proyecto de Ley Orgánica de Protección de Datos Personales - Lenín Moreno, Presidente de la República / T379637 [Organic Law Project on Protection of Personal Data - Lenín Moreno, President of the Republic / T379637],” March 8, 2020, https://www.asambleanacional.gob.ec/sites/default/files/private/asamble….
- 6“Se constituye el Observatorio para dar seguimiento a la implementación de la Ley de Protección de datos personales en Ecuador [The Observatory is established to monitor the implementation of the Personal Data Protection Law in Ecuador],” Fundamedios, August 2, 2021, https://www.fundamedios.org.ec/se-constituye-el-observatorio-para-dar-s…
- 7Patricia Gonzalez, “Presidente Lasso envió la terna para la Superintendencia de Datos [President Lasso sent the shortlist for the Data Superintendence],” Primicias, June 2, 2023, https://www.primicias.ec/noticias/economia/presidente-lasso-terna-super….
- 8“La interceptación de llamadas se hace solo bajo la autorización de un juez [Call interception is done only under the authorization of a judge],” Fiscalía General del Estado, July 21, 2015, https://www.fiscalia.gob.ec/la-interceptacion-de-llamadas-se-hace-solo-…
- 9Registro Oficial, “Ley Orgánica Reformatoria a Varios Cuerpos Legales para el Fortalecimiento de las Capacidades Institucionales y la Seguridad Integral [Organic Law to Reform Various Legal Bodies for the Strengthening of Institutional Capacities and Comprehensive Security],” March 29, 2023, https://www.asambleanacional.gob.ec/sites/default/files/private/asamble….
- 10Integrated Security Service ECU911, “Informe de Gestión Anual 2015 [Annual Management Report 2015],” February 19, 2016, https://issuu.com/ecu911/docs/informe_de_gestion2015; Integrated Security Service ECU911, “Localizador Móvil [Mobile Locator],” [n. d.], https://www.ecu911.gob.ec/localizador-mobil/.
Are individuals subject to extralegal intimidation or physical violence by state authorities or any other actor in relation to their online activities? | 2.002 5.005 |
Score Change: The score declined from 3 to 2 because at least two journalists were killed in potential retaliation for their online reporting during the coverage period, and two others were forced to leave Ecuador, as part of an increasing threat of physical violence against journalists in the country.
Journalists, including those who report online, face a serious threat of intimidation, harassment, and physical violence amid deepening insecurity in the country. Fundamedios recorded 356 aggressions against the press in 2022 – a significant increase from the 144 attacks recorded in 2018. These aggressions included 76 threats, 69 physical attacks, and 12 instances of verbal aggression. The organization’s report noted that the work of journalists is increasingly imperiled by organized crime in Ecuador. Separately, Periodistas Sin Cadenas recorded 64 aggressions against digital media journalists in June 2022 alone, during the national protests that month.1 Threats to the physical safety of critical users and journalists for online platforms persist, including some leveled by individuals connected to powerful government officials.
At least two journalists were killed in potential retaliation for their online reporting during the coverage period, though a motive has not been determined in either case. In July 2022, journalist Mike Cabrera died in the hospital after being shot by a group of unknown individuals. Cabrera, a former television news broadcaster, had been covering local issues on Nexo Digital, his news page on various social networks.2
In August 2022, journalist Gerardo Delgado Olmedo was fatally shot at a traffic light by two gunmen, one of whom reported having been offered $2,000 for the killing. Delgado reported on crime and local news and sometimes criticized the city government on his Facebook page, Ola Manta TV. He had been on his way to investigate a false lead he had received via phone about a possible suicide.3
During the coverage period, two journalists—at least one of whom works for a digital outlet—were forced to leave the country after receiving death threats. Karol Noroña, a journalist for the digital outlet GK, left the country in March 2023 due to an immediate threat to her life. Noroña had been covering organized crime and prisons for the outlet.4 A second journalist, who remained anonymous for security reasons, was forced to flee Ecuador under similar circumstances the following month. It remains unclear whether this second case occurred in connection with online reporting. According to Periodistas Sin Cadenas, the journalists fled because of a lack of state protection.5
Previously, in August 2021, journalist Virginia Suárez received a death threat in a Facebook comment while broadcasting live on her Facebook-based news outlet, Digital Vir’s, about local officials’ efforts to expand a cemetery by expropriating land. She found another on her car window days later, threatening death if she were to “keep publishing [her] complaints.”6
Intimidation and online harassment of critical voices, sometimes prompted by individuals closely tied to the government, continued during the coverage period. In a February 2023 speech, for example, President Lasso directed several targeted insults at digital media outlet La Posta, which had published allegations linking Lasso to high-level corruption.7 Among other comments, Lasso derided the reporters as “news entertainment mercenaries.” His comments led journalists and communicators to issue alerts on social networks highlighting the efforts to discredit, as well as the lack of protection for, journalism on corruption and organized crime.8 Despite vows to protect press freedom, Lasso has routinely engaged in efforts to stigmatize the press (see B4).
During the previous coverage period, in April 2022, journalist Doménica Vivanco of digital outlet La Posta received a barrage of misogynistic online attacks. The attacks followed a tweet from former president Correa in which he labeled a tweet Vivanco had made “nonsense.” Vivanco’s tweet was about the opacity surrounding the release of Correa’s former vice president, Jorge Glas, despite three corruption charges against him.9 In October 2021, an armed group that refers to itself as Los Fantasmas (The Ghosts) circulated a video on social media showing 18 men carrying rifles that concluded with a warning that La Posta should not get involved in their activities. The threat appeared to be issued in response to two investigative reports the outlet had published on the operation of mafias in Ecuador’s prison system.10
State violence against journalists covering protests for online outlets has also been reported in recent years. While covering the Women’s Day march in March 2022, journalist Viviana Erazo of Wambra was cornered, struck by a police officer’s club, and pepper sprayed.11 In October 2021, Ecuador Chequea journalist Félix Amaya was shot by a police officer with a rubber bullet at close range while covering protests in Quito, despite identifying himself as press.12
Women and LGBT+ digital journalists face difficulties in their work,13 including an elevated threat of harassment and stigmatization. In recent years, however, digital media has provided more opportunities to cover feminist and LGBT+ issues (see B7).
Despite a number of commitments on paper, recent efforts to implement stronger protections for journalists have stalled in practice. In 2019, the Inter-institutional Committee for the Protection of Journalists and Media Workers was created. This committee is led by the Ministry of Government.14 However, its functions have been unclear since its inception, and the committee has remained largely inactive for several years, creating greater uncertainty about the security of and protection for the practice of journalism and communication in Ecuador.
Article 13 of the November 2022 Communication Law reform also established a mechanism to protect journalistic work, tasked with conducting risk assessments and developing proposals to protect journalists, among other duties.15 The government published regulations on this mechanism in August 2023, after the coverage period.16
- 1“300 agresiones a periodistas se registran desde enero de 2022 [300 attacks on journalists recorded since January 2022],” Periodistas sin cadenas, July 7, 2022, https://www.periodistassincadenas.org/300-agresiones-a-periodistas-se-r….
- 2“SRFOE condemns the murder of journalist Mike Cabrera in Ecuador and calls on the State to take measures for the prevention and protection of the press,” Organization of American States, August 3, 2022, https://www.oas.org/en/iachr/expression/showarticle.asp?lID=1&artID=1247
- 3“Ecuadorian journalist Gerardo Delgado Olmedo shot and killed in Manta,” CPJ, August 17, 2022, https://cpj.org/2022/08/ecuadorian-journalist-gerardo-delgado-olmedo-sh…
- 4“GK saca del país a una de sus reporteras por riesgo inminente a su vida [GK removes one of its reporters from the country due to imminent risk to her life],” GK, March 28, 2023, https://gk.city/2023/03/28/gk-saca-del-pais-a-reportera-por-riesgo-inmi….
- 5Yalile Loaiza, “Las agresiones contra periodistas se han duplicado en Ecuador”[Aggressions against journalists have doubled in Ecuador https://www.infobae.com/america/america-latina/2023/04/27/las-agresione…
- 6“Ecuadorian journalist Virginia Suárez receives death threats,” CPJ, September 2, 2021, https://cpj.org/2021/09/ecuadorian-journalist-virginia-suarez-receives-…
- 7Lizeth Escobar, “La Posta responsabiliza al gobierno por su seguridad y gremios condenan al medio entre perdidos de no incurrir en un periodismo polulista”. [La Posta blames the government for its security and unions condemn the media for not engaging in political journalism] El Universo, February 15, 2023. https://www.eluniverso.com/noticias/politica/la-posta-responsabiliza-al….
- 8“Periodistas que cubren corrupción y crimen organizado no solo están desprotegidos, sino que reciben ataques del Gobierno”. [Journalists covering corruption and organized crime are not only unprotected, but are also attacked by the government] Periodistas sin cadenas. February 15, 2023. https://www.periodistassincadenas.org/comunicado-agresiones-la-posta-li…
- 9“Expresidente de Ecuador, prófugo de la Justicia, atacó a periodista y generó una ola de insultos misóginos [Former president of Ecuador, a fugitive from Justice, attacked a journalist and generated a wave of misogynistic insults],” Fundamedios, April 20, 2022, https://www.fundamedios.org.ec/alertas/expresidente-de-ecuador-profugo-…
- 10“Grupo delincuencial armado lanza advertencia a medio digital La Posta a través de un video [Armed criminal group launches warning to La Posta digital media through a video],” Fundamedios, October 14, 2021, https://www.fundamedios.org.ec/alertas/grupo-delincuencial-armado-lanza…; “Grupo armado «Los Fantasmas» amenaza a La Posta [Armed group “Los Fantasmas” threatens La Posta],” La Republica, October 14, 2021, https://www.larepublica.ec/blog/2021/10/14/grupo-armado-los-fantasmas-a…
- 11“Ecuador: Amnesty Granted To 268 Rights Defenders and Protesters,” CIVICUS, March 30, 2022, https://monitor.civicus.org/updates/2022/03/30/ecuador-amnesty-granted-…
- 12“Periodista de Ecuador Chequea recibió un impacto de una bala de goma a quemarropa [Journalist from Ecuador Chequea was hit by a rubber bullet at close range],” Fundamedios, October 26, 2021, https://www.fundamedios.org.ec/alertas/periodista-de-ecuador-chequea-re…
- 13Diana Romero, “Las mujeres periodistas en Ecuador enfrentan sexismo, descalificaciones y acoso” [Women journalists in Ecuador face sexism, disqualifications and harassment],” Fundación Periodistas Sin Cadenas, March, 7, 2022, https://www.periodistassincadenas.org/las-mujeres-periodistas-en-ecuado…; “El periodismo LGBTIQ+ en Ecuador, entre dificultades, discriminación y desafíos financieros [LGBTIQ+ journalism in Ecuador, between difficulties, discrimination and financial challenges]”, Fundación Periodistas Sin Cadenas, November 24, 2022, https://www.periodistassincadenas.org/periodismo-ecuador-lgbtiq-discrim….
- 14César Ricaurte, Paúl Zamora y Sonia Romero,“Recomendaciones para la Libertad de Expresión y Prensa: ¿Letra muerta en Ecuador?”, [Recommendations for Freedom of Expression and Press: Dead Letter in Ecuador?], Fundamedios, December 22, 2022. https://www.fundamedios.org.ec/especial-fundamedios-recomendaciones-par….
- 15Registro Oficial, “Ley Orgánica Reformatoria de la Ley Orgánica de Comunicación [Organic Reform Law of the Organic Law of Communication],” November 14, 2022, https://www.asambleanacional.gob.ec/sites/default/files/private/asamble….
- 16“Gobierno expide reglamento con mecanismo de protección para periodistas [Government issues regulation with protection mechanism for journalists],” Primicias, August 23, 2023, https://www.primicias.ec/noticias/politica/gobierno-reglamento-ley-comu….
Are websites, governmental and private entities, service providers, or individual users subject to widespread hacking and other forms of cyberattack? | 1.001 3.003 |
Technical attacks have targeted media websites and their social media accounts in recent years, and government and financial institutions remain vulnerable to technical attacks, especially ransomware attacks.1
In April 2023, digital outlet La Posta was the victim of two separate distributed denial-of-service (DDoS) attacks within the span of 48 hours. A site hosting a recent investigation about public sector corruption remained inaccessible for two days due to the attacks.2
In June 2022, three different platforms covering politics reported that they were experiencing technical problems with their websites and social media accounts, allegedly due to technical attacks on their sites and hacks of their accounts during the country’s national strike.3 That month, CONFENIAE reported that its communication pages were also targeted by a hacking attempt.4 During the previous coverage period, in December 2021, the Twitter account of online outlet Wambra was hacked in an attack that lasted eight hours, during which hackers changed the page’s profile picture and published multiple tweets.5
Cyberattacks against government institutions have also disrupted operations and posed a threat to individuals’ personal information in recent years.6 In March 2023, the organization Usuarios Digitales alerted via Twitter that a public health vaccination database containing personal information such as names, identification numbers, and dates of birth was apparently for sale online. In response, the Ministry of Public Health denied that it had been hacked and issued assurances that its systems were protected in accordance with the Personal Data Protection Law.7 During the previous coverage period, in April 2022, the municipality of Quito experienced a cyberattack that used BlackCat, a ransomware strain linked to Russia. The attack compromised the municipality's computer systems and impacted approximately 15 percent of the content on the central administration's database. As a result of the attack, Quito was forced to temporarily suspend all digital services.8
Previously, in August 2021, CNT’s computer systems suffered a ransomware attack that disrupted their payment portal and business operations. The attack is thought to have been carried out by ransomware operation RansomEXX, which claimed to have stolen 190 GB of data, though CNT stated that its data remained uncompromised.9 A few days later, the systems of the Communication Council—a government body devoted to regulating, developing, and promoting the exercise of communication and information—fell victim to a ransomware attack. Following the attack, the Council suspended its website, which remained offline for at least two days.10
Financial institutions also face technical attacks in Ecuador. In October 2021 the country’s largest private bank, Banco Pichincha, suffered a cyberattack thought to be a ransomware attack. The bank was forced to shut down parts of its system and disrupt operations, including online banking services. The bank was still reporting service disruptions due to the attack at least five days after it occurred.11
In June 2022, the minister of telecommunications and information society presented the National Cybersecurity Strategy. Born out of multistakeholder engagement with private and public actors and cybersecurity experts, the strategy establishes guidelines for strengthening the country’s cybersecurity response in both the public and private sectors.12
- 1Usuarios Digitales, @usuariosdigital, “#AlertaDigitalEC Portal http://periodismodeinvestigacion.com habría sufrido un 5to ataque en 2 años, según reporta su director @VillaFernando_ en el contexto de publicaciones contra corrupción que involucran personajes del gobierno,” September 3, 2019, https://twitter.com/usuariosdigital/status/1168891108031651841; “Ministerio de Producción dice que recuperó la cuenta de Twitter de Pro Ecuador que fue hackeada [Ministry of Production says it recovered the Pro Ecuador Twitter account that was hacked],” El Comercio, August 5, 2019, https://www.elcomercio.com/actualidad/hackeo-cuenta-twitter-proecuador-….
- 2“Portal de medio digital ecuatoriano sufre ataque cibernético [Ecuadorian digital media portal suffers cyberattack],” Fundamedios, April 11, 2023, https://www.fundamedios.org.ec/alertas/portal-de-medio-digital-ecuatori….
- 3“Comunicadores alertan sobre problemas técnicos en sus plataformas digitales durante el paro en Ecuador [Communicators warn about technical problems on their digital platforms during the strike in Ecuador],” Fundamedios, June 19, 2022, https://www.fundamedios.org.ec/alertas/comunicadores-alertan-sobre-prob…
- 4CONFENIAE, @confeniae1, “Denunciamos intentos de HACKEO a las páginas oficiales de Comunicacion de la Confeniae http://confeniae.net Estamos siendo victimas de una ataque a la libertad de expresión en medio de la #MovilizacionNacional,” June 14, 2022, https://twitter.com/confeniae1/status/1536790640616431616.
- 5“La cuenta del medio digital Wambra fue hackeada por segunda vez [The Wambra digital media account was hacked for the second time],” Fundamedios, December 27, 2021, https://www.fundamedios.org.ec/alertas/la-cuenta-del-medio-digital-wamb….
- 6“Banco Pichincha niega exposición de información sensible de sus clientes [Banco Pichincha denies exposure of sensitive customer information],” GK, February 10, 2021, https://gk.city/2021/02/10/informacion-confidencial-banco-pichincha/
- 7“Organización alerta de una filtración de base de datos sobre vacunación en Ecuador”, Ministerio De Salud lo niega, Fundamedios, March 6, 2023, https://www.fundamedios.org.ec/alertas/organizacion-alerta-de-una-filtr…
- 8“Ataque informático al Municipio de Quito motiva suspensión de trámites digitales [Computer attack on the Municipality of Quito motivates suspension of digital procedures],” El Universo, April 18, 2022, https://www.eluniverso.com/noticias/ecuador/ante-hackeo-sufrido-por-el-….
- 9Lawrence Abrams, “Ecuador's state-run CNT telco hit by RansomEXX ransomware,” Bleeping Computer, July 17, 2021, https://www.bleepingcomputer.com/news/security/ecuadors-state-run-cnt-t…
- 10“Página de Consejo de Comunicación sigue fuera de línea después de un hackeo [Communication Council page still offline after hack],” Fundamedios, August 7, 2021, https://www.fundamedios.org.ec/alertas/pagina-de-consejo-de-comunicacio…
- 11Pierluigi Paganini, “Ecuador’s Banco Pichincha has yet to recover after recent cyberattack,” Security Affairs, October 17, 2021, https://securityaffairs.co/wordpress/123465/cyber-crime/ecuadors-banco-…
- 12Ministry of Telecommunications and the Information Society, “El Gobierno Nacional presentó la Estrategia Nacional de Ciberseguridad [The National Government presented the National Cybersecurity Strategy], June 16, 2022, https://www.telecomunicaciones.gob.ec/el-gobierno-nacional-presento-la-…
Country Facts
-
Global Freedom Score
70 100 free -
Internet Freedom Score
64 100 partly free -
Freedom in the World Status
Free -
Networks Restricted
No -
Websites Blocked
No -
Pro-government Commentators
No -
Users Arrested
No