Law for the Promotion of Reading and Books 2013

The provisions of this Law are of public order, of social interest, and applicable throughout the national territory. The provisions established in this Law shall apply without prejudice to what is ordered in other laws, as well as any other regulatory provisions on the matter, provided that they do not contravene what is established herein.

For the purposes of this Law, the following shall be understood as: EDITION: Process of book formation from the selection of texts and other content to offer it after its production to the reader. EDITOR: Natural or legal person who selects or conceives an edition and carries out, by themselves or through third parties, its elaboration. DISTRIBUTION: Activity of intermediation between the editor and the retail seller of books, which facilitates access to the book by promoting its presence in the market. DISTRIBUTOR: Legally constituted natural or legal person dedicated to the distribution of books and magazines. BOOK PRODUCTION CHAIN: Set of industries that participate in the various processes of book production, and is composed of the cellulose and paper industry, the graphic arts industry, and the publishing industry. The graphic arts industry includes the participation of those who provide editorial services, printers, and binders who receive their income in more than eighty percent (80%) of work related to books and magazines. BOOK CHAIN: Set of natural or legal persons who influence the creation, production, distribution, promotion, sale, and reading of books. BOOK: Any unitary, non-periodic publication of a literary, artistic, scientific, technical, educational, informative, or recreational character, printed on any support, whose edition is made in its entirety at one time in a volume or at intervals in various volumes or fascicles. It shall also include complementary materials on any type of support, including electronic, which together with the book form a unitary whole that cannot be commercialized separately. MAGAZINE: Publication of non-daily periodicity, generally illustrated, bound, with writings on various subjects or specialized. For the purposes of this Law, magazines shall enjoy the same prerogatives established for books. NATIONAL EDUCATION SYSTEM: Constituted by students and educators, educational authorities, plans, programs, methods, and educational materials; educational institutions of the State and its decentralized agencies; institutions of private parties with authorization or with official recognition of study validity, and higher education institutions. SCHOOL AND CLASSROOM LIBRARIES: Bibliographic collections that the Secretariat of State for Education, with the participation of local authorities, selects, acquires, and distributes for use during teaching and learning processes in classrooms and public schools of basic education. READING ROOMS: Spaces alternative to schools and libraries, where the community has free access to books and other printed materials, as well as various activities aimed at promoting reading. AUTHOR: Person who creates any work intended to be disseminated in the form of a book. A translator is considered an author with respect to their translation, as is a compiler and anyone who extracts or adapts original works, as well as an illustrator and photographer with respect to their corresponding works, without prejudice to the requirements established in current legislation.

The promotion of reading and books is established in this Law within the framework of constitutional guarantees of freedom to write, edit, and publish books on any subject, promoting access to reading and books for the entire population. No authority, whether state, departmental, or municipal, may prohibit, restrict, or obstruct the creation, editing, production, distribution, promotion, or dissemination of books and periodic publications.

This Law has the following objectives:

• 1)

  To promote the generation of policies, programs, projects, and actions aimed at fostering and promoting reading;

• 2)

  To foster and encourage the editing, distribution, and commercialization of books and periodic publications;

• 3)

  To foster and support the establishment and development of bookstores, libraries, and other public and private spaces for reading and dissemination of books;

• 4)

  To establish mechanisms for inter-institutional coordination among different levels of government and linkage with social and private sectors to promote activities related to the educational and cultural function of reading and book promotion;

• 5)

  To make books accessible under equal conditions throughout the national territory to increase their availability and bring them closer to readers;

• 6)

  To strengthen the book chain in order to promote Honduran editorial production to meet the country's cultural and educational requirements;

• 7)

  To stimulate the competitiveness of Honduran books and periodic publications in the international field; and,

• 8)

  To stimulate training and professional development of different actors in the book chain and reading promoters. CHAPTER II - RESPONSIBLE AUTHORITIES

The authorities responsible for applying this Law, within the scope of their respective competencies, are:

• 1)

  The Secretariats of State for Education;

• 2)

  The Secretariat of State for Culture, Arts, and Sports;

• 3)

  The National Council for Book and Reading Promotion; and,

• 4)

  The Departmental Governorships and Municipal Governments.

It is the responsibility of the Secretariats of State for Education and Culture, Arts, and Sports, in a concurrent manner and considering the opinion and proposals of the National Council for Book and Reading Promotion:

• 1)

  To develop the Program for Book and Reading Promotion;

• 2)

  To implement the policies and strategies contained in the Program, establishing inter-institutional coordination with instances at different levels of government, as well as with different sectors of civil society; and,

• 3)

  To manage and verify the mandatory inclusion in their programs of official media, regarding the dissemination of national books and the promotion of reading.

The responsible authorities shall use official and public time that belongs to the State, in the media to promote books and reading.

The responsible authorities, in a concurrent or separate manner, shall promote the creation, editing, production, dissemination, sale, and exportation of Honduran books and Honduran co-editions, under adequate conditions of quality, quantity, price, and variety, ensuring their national and international presence.

The authorities responsible for implementing this Law must, in a concurrent or separate manner, promote training programs and professional development aimed at those in charge of implementing actions for reading promotion and written culture.

It is the responsibility of the Secretariat of State for Education:

• 1)

  To promote access to books and reading in the National Education System, promoting the formation of readers whose reading comprehension corresponds to the educational level they are attending, in coordination with local educational authorities;

• 2)

  To guarantee timely, complete, and efficient distribution of free textbooks, as well as collections for school and classroom libraries and other educational materials essential for the formation of readers in educational centers, in coordination with local educational authorities;

• 3)

  To design policies to incorporate into initial and ongoing teacher training, principals, librarians, and technical teams, content related to reading promotion and acquisition of communicative competencies that contribute to reader formation, in collaboration with local educational authorities;

• 4)

  To consider the opinion of local educational authorities, teachers, and various social sectors in the design of policies for reading and book promotion in the National Education System, based on the participation mechanisms established in the Fundamental Education Law;

• 5)

  To promote the production of titles that enrich the available supply of books, of varied genres and subjects, for reading and consultation in the National Education System, in collaboration with authorities at different levels of government, private initiative, higher education and research institutions, and other interested parties;

• 6)

  To promote the periodic conduct of studies on reading practices in the National Education System and on the impact of public investment in reading promotion programs in this system, as well as the dissemination of their results in the media, in collaboration with local educational authorities, other authorities, private initiative, higher education and research institutions, international organizations, and other interested parties;

• 7)

  To promote access and distribution of books, strengthening the link between schools and public libraries, in collaboration with local educational authorities, higher education and research institutions, private initiative, and other interested parties; and,

• 8)

  To promote technical and professional careers in the field of editing, production, promotion, and dissemination of books and reading, in collaboration with educational authorities at different levels of government, secondary and higher education institutions, and private initiative.

It is the responsibility of the Secretariat of State for Culture, Arts, and Sports:

• 1)

  To promote, in a coordinated manner with corresponding authorities at different levels of government, programs, projects, and actions that permanently promote the formation of full users of written culture among the general population;

• 2)

  To promote jointly with private initiative actions that encourage reader formation;

• 3)

  To encourage and facilitate the participation of civil society in the development of actions that promote reader formation among the general population;

• 4)

  To guarantee the existence of written materials that respond to the diverse interests of public library users and programs aimed at promoting reading among the general population, such as reading rooms;

• 5)

  To cooperate with instances at state, departmental, and municipal levels, as well as with members of private initiative in actions that guarantee access of the general population to books through different free or paid means, such as libraries, reading rooms, or bookstores;

• 6)

  To generate professional development programs for reading promotion for the general population and for librarians in public libraries; and,

• 7)

  To prioritize budgets for the Book Institute. CHAPTER III - NATIONAL COUNCIL FOR BOOK AND READING PROMOTION

The National Council for Book and Reading Promotion is created as a consultative body of the Secretariat of State for Education and a space for coordination and advice among all public, social, and private institutions linked to books and reading.

The National Council for Book and Reading Promotion shall be governed by the operational manual it issues, by the provisions contained in this Law, and by what is established in its Regulations.

The Council shall be composed of:

• 1)

  A President, who shall be the head of the Secretariat of State for Education. In their absence, they shall be replaced by whoever they designate;

• 2)

  An Executive Secretary, who shall be the head of the Secretariat of State for Culture, Arts, and Sports. In their absence, they shall be replaced by whoever they designate;

• 3)

  The head of the Secretariat of State for Indigenous and Afro-descendant Peoples;

• 4)

  The President of the Literary Society of Honduras;

• 5)

  The General Director of Student Affairs of the Secretariat of State for Education;

• 6)

  The General Director of Pedagogical Services of the Secretariat of State for Education;

• 7)

  The General Director of Books and Documents of the Secretariat of State for Culture, Arts, and Sports;

• 8)

  The General Director of Education and Artistic Formation of the Secretariat of State for Culture, Arts, and Sports;

• 9)

  The head of the Secretariat of State for Youth; and,

• 10)

  A representative of universities, through the National Pedagogical University. By agreement of the Council, it may convene to participate with the status of non-permanent guest the heads of the Secretariats, Councils, and Houses of Culture of State, Departmental, Municipal entities, and universities, or any person or public or private institution deemed necessary for the full fulfillment of its functions. Membership and participation in this Council is on an ad honorem basis.

The National Council for Book and Reading Promotion shall have the following functions:

• 1)

  To contribute to the compliance and execution of this Law;

• 2)

  To advise on the design, formulation, and execution of the Program for Book and Reading Promotion established in Article 6 of this Law;

• 3)

  To coordinate the efforts and interests of public and private sectors for the sustained development of national policies on books and reading;

• 4)

  To propose to competent authorities the adoption of policies or legal, fiscal, and administrative measures that contribute to fostering and strengthening the book market, reading, and editorial activity in general;

• 5)

  To serve as an instance of consultation, conciliation, and coordination among the different actors of the book and reading chain in matters concerning the subjects of this Law;

• 6)

  To promote the development of comprehensive information systems on books, their distribution, reading, and author rights, as well as to create a database that includes: catalogs and collective directories of Honduran authors, works, publishers, graphic industry, libraries, and bookstores, available for consultation online from any country;

• 7)

  To integrate the commissions and working groups necessary for the fulfillment of its objectives;

• 8)

  To advise, at the request of interested parties, State, Departmental, Municipal government levels, autonomous bodies, and social and private institutions in reading and book promotion;

• 9)

  To create and permanently maintain updated a database, with free public access, containing the registration of the fixed price of books;

• 10)

  To promote the training, updating, and professional development of professionals in the different links of the book chain;

• 11)

  To promote citizen participation in all programs related to books and reading, and to design the mechanisms for this participation;

• 12)

  To foster a culture of respect for author rights;

• 13)

  To propose the conduct of studies and research that allow support for the development of its activities;

• 14)

  To propose incentives for the creation, editing, production, dissemination, sale, and exportation of books in the different languages of the country, and to support the translation to them of texts of national and universal literature in the different languages of the country; and,

• 15)

  To issue its operational manual according to which it shall regulate its organization, functioning, and work.

The National Council for the Promotion of Books and Reading shall meet ordinarily at least three (3) times per year and on such matters as it may establish.

Extraordinary meetings shall be convened by the President, or by one-third of the members of the Council, with at least forty-eight (48) hours' notice. In the event that the required quorum is not present, whether for ordinary or extraordinary meetings, a second convocation shall be issued immediately for the session to take place within a period not exceeding forty-eight (48) hours. If there is still no quorum, another convocation shall be made for the session to be held within a period not exceeding forty-eight (48) hours. On this occasion, the meeting shall take place with those who attend.

The quorum (minimum) shall be fifty percent (50%) plus one of its members, and for its decisions to be valid they must be approved by the majority of members present, except as established in the immediately preceding Article. CHAPTER IV INTER-INSTITUTIONAL COORDINATION, INTERGOVERNMENTAL COORDINATION, AND COORDINATION WITH CIVIL SOCIETY

The Secretariats of State in the Departments of Education and Culture, Arts and Sports are the responsible bodies for encouraging and promoting the concurrence, coordination and consistency of programs and actions of the different levels of government, based on the objectives, strategies and priorities of the national policy for the promotion of reading and books.

To promote inter-institutional and intergovernmental coordination in the application of this Law, the Secretariats of State in the Departments of Education and Culture, Arts and Sports, shall:

• 1)

  Establish mechanisms and instruments of coordination, cooperation and coordination, as well as promote the execution of agreements and accords with agencies of the different branches and levels of government and autonomous bodies of the State, to design, plan, coordinate, apply and strengthen policies, programs, projects and actions to promote reading and books;

• 2)

  Establish commitments with international bodies and organizations that, through bilateral and multilateral agreements and accords, encourage the comprehensive development of public policies on the matter, providing authors, publishers, promoters, readers, and spaces and alternatives for promotion and dissemination that favor the knowledge of Honduran literary works abroad; and,

• 3)

  Establish programs that involve individuals, private assistance institutions, academic institutions, civil associations and trusts, cooperatives and collectives, whose work in favor of promoting reading and books has been fundamental for cultural development in the country.

This Decree shall enter into force as of the day of its publication in the Official Newspaper "La Gaceta". Given in the City of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the eighteenth day of the month of January in two thousand thirteen. LENA KARYN GUTIÉRREZ ARÉVALO PRESIDENT GLADIS AURORA LÓPEZ CALDERÓN SECRETARY JARIET WALDINA PAZ SECRETARY To the Executive Branch. Therefore, Let It Be Executed. Tegucigalpa M.D.C., April 16, 2013. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE OF THE PRESIDENTIAL DEPARTMENT. MARÍA ANTONIETA GUILLEN VÁSQUEZ A. mm