December 12, 2013
SC declares constitutionality of Broadcast Media Law
Amid great expectations, the Supreme Court has ruled the constitutionality of the Broadcast Media Law that obliges Clarín to comply with the anti-monopoly legislation and sell off many of its operating licenses.
In a 6-1 vote, Argentina‘s top tribunal is giving this way the government some relief in its long-standing dispute against the country's biggest media group over the observance of a law that was passed by Congress in 2009.
After a four-year legal dispute, the Supreme Court has declared the constitutional nature of the Audiovisual Communication Services Act leading the law to come into force.
According to ámbito.com, judges of the maximum court rulling in favour of the government’s stance were Ricardo Lorenzetti, Enrique Petracchi, Elena Highton de Nolasco and Eugenio Zaffaroni. Juan Carlos Maqueda and Carmen Argibay were reported to have decided on a “partial constitutionality” vote.
The only negative position would be then that of Carlos Fayt considering the enforcement of the law violates “freedom of expression” in tune with Clarín’s position.
The media group has been questioning articles 45 and 48 that limit the number of operating licenses as well as articles 41 and 161 which establish disinvestment deadlines. Clarín has filed several injunctions since the law got parliamentary approval back in 2009 blocking its complete enforcement.
It is yet to be announced the sell-off window judges will grant Clarín.