The extent to which media companies are transparent about their ownership, decision-making and policies ranges from extensive transparency (‘everybody knows who is the owner’) to complete opacity. Media entities in Curaçao are not ‘big’, as described above, and do not publish any financial information. In general, media entities do not publish any internal information at all, such as annual reports and information on their ownership and editorial policies. Only a few media entities publish names of journalists and contact information on their website. The information that broadcast companies have to provide to the Bureau Telecommunication and Post is, as far as we could determine in this assessment, except for the names of licencees, not public.
Accountability (law) Score: 25 TO WHAT EXTENT ARE THERE LEGAL PROVISIONS TO ENSURE THAT MEDIA OUTLETS ARE ANSWERABLE FOR THEIR ACTIVITIES?
Broadcast media do have some provisions in place to ensure accountability on (mostly) technical aspects. There are no provisions for print media. The broadcasting regulatory authority for ‘Telecommunications and Postal matters’ is overseen by the minister of transport and communication, and is supervised by the state secretary of transport and communication. One of the tasks of the organisation includes the enforcement of laws and regulations related to telecommunications, and ensuring that the infrastructures under its authority comply with certain standards. For instance, broadcast media are obliged to tape all their broadcasts. Within the framework of the law the regulator has the ability to ask questions of the broadcast media, to review their annual reports and accounts, and to conduct an on-site inspection.1071 If the broadcast entities do not comply with the requirements, the regulator can take different measures, such as imposing a fine and the withdrawal of the licence.1072 There are neither government regulators nor professional oversight bodies for print media. There is no media-organised oversight body (for example self-regulation). In case of the spreading of false or erroneous information by the press about a person or legal entity, media companies can – at the request of the person or legal entity – be tried by a civil court.1073 The court decision may include a deadline for correction and/or requirements for the manner in which the corrections should take place. In case of criminal insults, the person involved also has the possibility to report this to the public prosecutor, who can decide to start a prosecution.
1071
Country ordinance on telecommunication service, 2011, No.37, Article 31a. Ibid, Chapter IX, Strafbepalingen. 1073 Civil Code Book 6, A.B. 2010, No.86-87, Title 3, Onrechtmatige daad. 1072
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NATIONAL INTEGRITY SYSTEM ASSESSMENT CURAÇAO