Judge Lucila Gómez accepted the action of protection of the television network Teleamazonas against the director of the Superintendence of Information and Communication (SUPERCOM), Carlos Ochoa, and has ordered that he should ask for public apologies within 72 hours.
On December 12 SUPERCOM issued a resolution against Teleamazonas in which it obliged the channel to broadcast a replica (video) and pay a fine equivalent to 10% of its turnover for the last three months. The judge argued that in this process that followed the SUPERCOM there was “deviation of power”, because the presumption of innocence in the process was not respected.
With this, the resolution issued by the entity regulating the information is left without effect. Pablo Ortiz, media lawyer, explained that Judge Gómez analyzed the arguments of both parties and reached the conclusion that Ochoa had violated the rule of due process and impartiality. In addition, he alleged that the superintendent participated as a judge and a party to the proceedings against the company, since in addition to being the sanctioning authority; he also appeared as the affected party. Ortiz, in statements made on the website of the newspaper El Comercio, clarified that, although the judicial resolution issued today can be appealed, the apologies must be published in the terms established by the judge.
After hearing the ruling, the Supercom issued a statement in which it states that, “in compliance with the State of rights, the Constitution of the Republic and the laws in force, respects the pronouncement of the competent authority in the Teleamazonas case, however, we appeal your decision“. “We clarify that all the administrative procedures carried out in this control body take place within the framework of due process, guaranteeing compliance with the constitutional and legal rights of citizens,” he added. The Superintendency “is not an organism with jurisdictional authority, but rather it is an administrative entity that issues resolutions susceptible to being challenged judicially,” the said in his statement. (I)