MEX: IFT, sus razones en Ley de Audiencia

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Para varias organizaciones de la sociedad civil era indispensable que el Instituto Federal de Telecomunicaciones interpusiera una controversia constitucional, y así defender sus atribuciones en el tema de derecho de audiencias.

Sin embargo, el IFT no lo va a hacer. Decidió no interponer una controversia constitucional. Para el Instituto, la modificación legislativa en el derecho de audiencias no puede pelearla, pues el Congreso tiene las facultades constitucionales para hacerlo.

CINCO DE SIETE, POR NO CONTROVERSIA

Ayer, el Pleno del Instituto votó por no interponer la controversia constitucional. Los comisionados que votaron por no llevar la controversia fueron el presidente del IFT, Gabriel Contreras, seguido por Mario Fromow, Adolfo Cuevas, Javier Juárez y Arturo Robles.

Sin embargo, las dos comisionadas, Adriana Labardini y María Elena Estavillo, sí querían la controversia constitucional, pues consideran que sí se vulneraban las facultades del instituto.

Al final, ganó la postura sobre mantener los cambios legislativos en derechos de audiencias y no interponer una controversia en contra del Congreso.

Esto viene en el artículo 6º. de la Constitución: “Sin ningún lugar a dudas, será la ley, entiéndase el Congreso, la que tenga la facultad para determinar los derechos de audiencias y usuarios, y mecanismos para su protección, es una cuestión que corresponde exclusivamente al Congreso”.

En otras palabras, el IFT no puede abarcar una facultad del Congreso.

CIRT, PRESIDENCIA Y SENADO

El derecho de audiencias que venía en la Ley Federal de Telecomunicaciones y Radiodifusión provocó un fuerte malestar entre los medios de comunicación.

Los medios, radio y televisión, estaban temerosos de que el derecho de audiencias llegara a tal nivel que fuera inoperante para los medios.

No se determinaba cuándo una entrevista era publicidad y cuándo no. O se tenía que diferenciar, en una misma plática, cuando dabas la información y cuándo dabas la opinión.

Incluso, la CIRT, la Cámara Nacional de la Industria de Radio y Televisión, estuvo totalmente en contra de esa forma de regular el derecho de audiencias.

En apoyo a la industria, la Presidencia de la República y el Senado interpusieron dos controversias constitucionales en contra de ese derecho de audiencias que debía ejercer el IFT.

CAMBIOS EN LEY; ORGANIZACIONES PEDÍAN A IFT CONTROVERSIA

Sin embargo, a finales de octubre, el Senado terminó votando cambios a la Ley de Telecomunicaciones y Radiodifusión, con lo que el manejo de los contenidos se dejaba en las concesionarias y ya no en el Instituto Federal de Telecomunicaciones.

Para varios grupos de la sociedad civil, se descobijaba a la audiencia. Y siempre hubo un debate de si el IFT podía controlar los contenidos, que hubiera ejercido como censor, o si más bien se trataba de una protección a los usuarios de medios.

Total, dichas organizaciones exigían al IFT el poder interponer una controversia constitucional y que le regresaran esas facultades que, insistimos, para algunos eran de censor y para otros, de legítima defensa para los usuarios.

Contreras: IFT defenderá atribuciones, pero no contra Constitución

Al final, el IFT decide no interponer la controversia constitucional, en una decisión dividida, de cinco comisionados contra dos comisionadas.

Para Gabriel Contreras, presidente del IFT, así como el instituto había exigido respeto sobre sus atribuciones, y lo ha defendido en tribunales (basta ver la controversia en contra del Inai), también debe respetar las atribuciones de otros poderes.

Es el caso del Poder Judicial, pues la Constitución le da las atribuciones para revisar el tema de derecho de audiencias y usuarios. Por ello, el IFT decide no interponer una controversia por el tema de derecho de audiencias.

Este artículo fue publicado en El Excélsior el 12 de diciembre de 2017, agradecemos a José Yuste su autorización para publicarlo en nuestra página.

 

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