(New York) - The Uruguay authorities should investigate whether a decision by private television stations not to run a public awareness commercial designed to reduce discrimination against lesbian, gay, bisexual, and transgender (LGBT) people is lawful, Human Rights Watch said today in a letter to the Uruguayan minister of education and culture and the Communication Services Regulation Unit.
Ovejas Negras, an LGBT human rights collective, opened a public awareness campaign, "A Kiss is a Kiss," on March 23, 2009. Using posters and television and radio spots, the campaign is designed to raise awareness about laws that protect against discrimination, including on the grounds of sexual orientation and gender identity. Two private television stations - that together have ratings indicating they are viewed by more than 70 percent of the viewing public - refused to run the commercials. A third television station agreed to broadcast it outside prime-time for a period of 10 days at the price of a prime-time transmission.
"Anti-discrimination laws should apply to the privately owned media's obligation to disseminate public interest information," said Juliana Cano Nieto, researcher in the lesbian, gay, bisexual, and transgender rights program at Human Rights Watch. "Uruguay has demonstrated leadership in protecting LGBT people's human rights. It needs now to ensure that the laws against discrimination also apply to the media."
While the television stations in question - Channels 4, 10, and 12 - are private commercial entities, under Uruguayan law they have the responsibility to air public interest information. Decree 734/78 says that broadcasting services, private and public, are "public interest services," and outlines their obligations regarding advertising and public interest broadcasts.
The government has a responsibility to ensure that decisions made by these stations when discharging their public functions are not based on prohibited discriminatory grounds, and that they fully respect Uruguay's human rights obligations, Human Rights Watch said.
Uruguay was one of three Latin American countries - along with Argentina and Brazil - that co-sponsored the launch of the Yogyakarta Principles at the United Nations. This groundbreaking set of principles on sexual orientation, gender identity, and international law includes provisions on anti-discrimination and the right to freedom of expression for LGBT people worldwide.
