Argentina: The Supreme Court turned down Clarín’s appeal to extend the preventive measure

Audiovisual Law - Monopolies Stop Now!

Audiovisual Law – Monopolies Stop Now!

The Supreme Court rejected yesterday, by unanimous vote of its seven members, the request presented by the Clarín Group to extend beyond the Dec. 7 deadline the preventive measure that has so far delayed the enforcement of a key article of the Audiovisual Communications Law.
The Supreme Court also instructed Federal Judge Horacio Alfonso, in charge of the case, to issue a sentence on Clarin´s challenge to the Constitutionality of article 161 of the law. It refers to the adaptation to the law´s requirements, of those news media that own radio and TV licenses in excess of the limit set by the Audiovisual Act.
A  Supreme Court source told Télam yesterday that the ruling means that “the media Act is in full effect and that AFSCA (Federal Authority of Audiovisual Communications Services) must enforce it without exceptions”.
Clarín had requested the extension of the preventive measure, which for the last three years has delayed the enforcement of article 161. The Supreme Court ruling stated that the Federal Judge with jurisdiction on the case “must produce a definite sentence, not a preventive resolution” and reminded that “the lack of a final court resolution within a reasonable term, means a refusal of justice, a right to which all citizens are entitled”.
The Supreme Court has thus confirmed Dec. 7 as the deadline for the media groups to adapt themselves to the law’s regulations.
The resolution was signed by judges Ricardo Lorenzetti, Elena Highton de Nolasco, Carlos Fayt, Enrique Petracchi, Juan Carlos Maqueda, Eugenio Raúl Zaffaroni and  Carmen Argibay.

Note:

Law on Audiovisual Communication Services was passed in House of Representatives on September 17, 2009 by 147 votes in favor, 4 against and one abstention. On Saturday October 10 the same year it had to sanction the law with 44 votes for and 24 against in the Senate

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