Argentina - Temporary relief for Clarin Group; case delayed for another two months

Argentine media group Clarin SA was granted temporary relief on Tuesday from the government's effort to implement a media law that would force the conglomerate to sell some of its most profitable assets. 

 

Earlier Tuesday, it was announced that Federal Judge Horacio Alfonso accepted Clarin's request to appeal a ruling he made Friday that required the company to immediately comply with the law.

In his ruling, Judge Alfonso had also ordered an immediate end to an injunction protecting Clarin from the law's enforcement until courts have decided whether the law is constitutional. But by granting Clarin's appeal and sending the case to an appeals court, Judge Alfonso effectively suspended his own ruling, once again shielding Clarin from the law.

The development comes a day after Martin Sabbatella, head of a government media regulatory agency, notified Clarin that the government had begun the process of auctioning off some of Clarin's assets such as its cable-TV unit. Mr. Sabbatella said the process would last around 100 business days.

Legal experts say the appellate ruling may not come until February or March. Even then, the case will likely be appealed again by the losing side to the Supreme Court.

Only after the Supreme Court has ruled on the law's constitutionality will it be clear if and when Clarin has to comply with the law.

The dispute is part of an escalating battle between Clarin and Argentine President Cristina Fernandez who is trying to enforce a controversial three-year-old media law.

Cristina Fernandez says the law aims to create more competition in the media marketplace. In contrast, Clarin and many analysts say the government wants to muzzle the outspoken broadcaster and diminish the influence of critical press, which it claims wants to see her removed from office.

Global editors warn on ongoing campaign in Argentina against independent media

The Global Editors Network (GEN) called on the world’s media to focus attention on a press freedom crisis in Argentina where independent journalism is facing a major threat on 7 December 2012, the day announced by the government for the break-up of the Clarin Group, the country’s main independent media organization.

 Cristina Fernandez is determined to split the Clarin group next December 7

“7 December is a deadline day for press freedom. Media should speak with one voice against this intolerable threat to independent journalism,” said Alejandro Miro Quesada, the Network Board Member from Peru, after a meeting of the GEN board in Buenos Aires. “The attack on Clarin is symbolic of the political pressure which media are facing throughout the region.”

The GEN call comes at a critical point in the three-year campaign against Clarin Group’s press and audiovisual media by the administration of President Cristina Fernandez and only days after the government took to the airwaves to announce that on 7 December it will revoke its licenses, and take control of its assets under a controversial new media law, which is currently being judicially challenged for its violation of basic constitutional rights.

Although the law is supposed to strengthen diversity and pluralism by limiting monopoly ownership of media – and it is a legitimate goal – its critics say it has only one intention – to stifle dissent and, in particular, to dismantle the Clarin Group, which has been a consistent critical voice of the Kirchner government.

It was particularly evident when – on 13 September 2012 – the nation-wide demonstration against the government was deliberately uncovered by official media or media depending on official subsides.

GEN highlights that already more than 450 legal and administrative actions, – as well as blockades, intimidations and other attacks – were brought against the Clarin Group. The number of actions suggests that harassment was the government's strategy.

GEN is also highly concerned that by investing huge amounts in preferential state advertising with medium sized media companies the government has effectively bought itself control of media content.

Now the use of law is seen as a further act of intimidation to keep media in line, even if, according to different international reports, 80% of audiovisual Argentine media are directly or indirectly controlled by the government.

“This crisis for press freedom and democracy will come to a head on 7 December,” said Miro Quesada. Even though it is not yet certain that the government will carry out its threat, the Global Editors Network will be organising an international petition and is calling on media leaders from the region and around the world to voice their protests.

The long-running campaign against the Clarin Group undermines a viable business model that can secure the future of journalism and independent media in Argentina and across Latin America.

Our last word is that what happens today in Argentina can happen in all democracies when governments are willing – through a large range of actions – to limit freedom of expression.

GEN was established in Paris during March 2011, in response to the increasing risks quality journalism faces. GEN is a nonprofit, non-governmental association, committed to the principles of quality journalism, innovation and information sharing in the newsroom. The organization empowers editors-in-chief, senior news executives, and media professionals from all platforms – print, digital, mobile and broadcast – by optimizing GEN’s network base to create new ideas and journalistic tools, allowing quality journalism to thrive. Already, more than 900 editors-in-chief joined GEN.