Media Law: Fernández confident on injunction overturn

Victory Front’s Senator Aníbal Fernández, assured today that everything is ready for the Supreme Court to overturn the December 6 ruling by the Civil and Commercial Court extending the Clarín Group’s injunction on Article 161 of the Media Law.

The injunction was extended until the court determines whether the article was unconstitutional. The government responded immediately by appealing against the ruling.

“I can say anything for granted, but my common sense and my limited knowledge of the law –Fernández is a lawyer graduated from Universidad de Lomas de Zamora– tell me that all necessary conditions are set so that the Supreme Court echoes positively the government’s appeal.”

Likewise, the former Cabinet Chief, considered “outrageous the fact that the [Civil and Commercial] Court has among its members some individuals who are being questioned by the government due to having accepted gifts from one of the parties. No one would ever like to attend a trial and sit in front of a judge that was paid a trip overseas by the other party. That’s why the government has challenged those judges.”

Thus, Ferrnández referred to a report made by the government indicating that at least one member of the three that comprises the Civil and Commercial Court number one travelled to Miami, US on a pleasure trip paid entirely by Clarín Group.

The government, thourgh Justice Ministwer Julio Alak, challenged court member Francisco de las Carreras after reporting the latter had travelled to Miami in company of his wife and Clarín Group’s lawyers Fernando Llerena and Fabián Rodríguez Simon on April 29, returning to Argentina on May 15.

According to the report, Clarín paid for the airplane tickets, the 5-star hotel where the couple stayed, and all expenses during the whole 15-day spell.

While De las Carreras said he attended to a summit organizad by the Center for Studies of the Development of Telecommunications and Public Access to Information in Latin America, which is a not-for-profit center for independent investigation. But the government indicated that Certal has close links to CLarín, plus that the only activity carried by de las Carreras apart from enjoying Florida beaches was a visit to Cablevisión offices in Miami.

Furthermore, the government has indicated that the other two Court members, Guillermo Antelo and Susana Najurieta, could have also received the same treatment by the media conglomerade.

Likewise, Victory Front’s Senator and head of the Upper House’s Constitutional Affairs committee Marcelo Fuentes assured that even though they have already decided to call for an impeachment trail they have to “analyze” whether to ask it for the three members of the Civil and Commercial Court number one.