STATE TERRORISM CFK's Junta - Argentine government begins process to dismember Clarin media group

Argentina's government Monday began the process of auctioning off media licenses and related assets held by the media conglomerate Grupo Clarin SA. The move, which government officials say should take about 100 business days to complete, comes after a lower court judge ruled Friday that a three-year-old media law requiring Clarin to be dismantled is constitutional.

Early morning Cristina Fernandez administration official visited Clarin to inform them the process of auctioning licences had started

“We notified Clarin that the auction process has begun. The law is constitutional, and it is in full effect,” said Martin Sabbatella, who was appointed by Argentine President Cristina Fernandez to enforce the law.

Earlier Monday, Clarin appealed the ruling to a federal appeals court. In a statement, Clarin accused the government of violating other court decisions by starting the auction process.

Clarin noted the same federal appeals court recently said the company would have one year to comply with the law even it were found constitutional. Clarin also said that because it appealed the ruling, the decision automatically would be suspended until it has been confirmed or rejected by a higher court.

Marcela Basterra, a constitutional law professor at the University of Buenos Aires, said the government's action Monday was primarily political.

“The government is doing this for political reasons because, legally speaking, it has to wait for a decision on this matter from the appeals court before it can act,” Mrs. Basterra said. “In reality, this case is going to end up in the Supreme Court, and only then will it be resolved.”

Mrs. Basterra said the lower court's ruling isn't binding because it has been appealed. She said the Supreme Court eventually will have to decide whether the law is constitutional and how much time Clarin has to comply with it.

“The majority of constitutional scholars think the one-year period will come into effect only if the law has been definitively declared constitutional by the Supreme Court,” she said.

Mr. Sabbatella disagrees and has said repeatedly that the one-year divestment period has expired already, meaning the government is right to enforce the law immediately.

Monday's developments are the latest in an intense and public battle between Clarin and President Cristina Fernandez, who accuses the company of being a coup-mongering monopoly that tries to topple her government.

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.