media entities, treating and supporting them in a non-discriminatory manner and preventing their
concentration, particularly by means of multiple or interlocking interests.
5. The state shall ensure the existence and operation of a public radio and television service.
6. The structure and modus operandi of public sector media must safeguard their independence from the
Government, the Administration and the other public authorities, and must ensure that all different
currents of opinion are able to express themselves and confront one another.
7. Radio and television broadcasting stations may only operate with licences that are granted under
competitive public selection processes, as laid down by law.
Article 39
(Regulation of the media)
1. An independent administrative entity shall be responsible for ensuring the following in the media:
a) The right to information and the freedom of the press;
b) The non-concentration of ownership of the media;
c) Independence from political power and economic power;
d) Respect for the personal rights, freedoms and guarantees;
e) Respect for the norms that regulate the work of the media;
f) That all different currents of opinion are able to express themselves and confront one another;
g) Exercise of the rights to broadcasting time, of reply and of political response.
2. The law shall define the composition, competences, organisation and modus operandi of the entity
referred to in the previous paragraph, together with the statute governing its members, who shall be
appointed by the Assembly of the Republic and co-opted by those so appointed.
Article 40
(Rights to broadcasting time, of reply and of political response)
1. Political parties, trade union and professional organisations and organisations that represent economic
activities, and other social organisations with a national scope have the right to broadcasting time on the
public radio and television service, in accordance with their prominence and representativity and with
objective criteria that shall be defined by law.
2. Political parties that are represented in the Assembly of the Republic and do not form part of the
Government have the right to broadcasting time on the public radio and television service, as laid down
by law, which shall be apportioned in accordance with each party’s proportional share of the seats in the
Assembly, together with the right to reply or respond politically to the Government’s political statements.
These times shall be of the same duration and prominence as those given over to the Government’s
broadcasts and statements. Parties that are represented in the Legislative Assembly of an autonomous
region enjoy the same rights within the ambit of the region in question.
3. During electoral periods and as laid down by law, those competing for election have the right to regular
and equitable broadcasting time on radio and television stations with a national or regional scope.