7D: Finally!

Javier Jorquera,

Correspondent (South America)

 

BUENOS AIRES - Many people were expecting the 7D (for December 7) on which the monopoly Clarín were to give up some of their licenses and comply with the new law in effect since 2009. But none of this happened, because on December 6 the Supreme Court set out its judgement . It extended the term of the injunction, that meant that the Articles 45 and 161 of the new law would continue on stand by, and the Clarin Grop would remain being the largest mass media monopoly of Argentina.

Given this situation, the Argentine government decided to submit a “per saltum”. Legally, per saltum is the possibility of a higher court to intervene ex officio or upon request of a party, in the knowledge of court cases bypassing the normal stages of intervention of the courts of first and second instance. But Judge Alfonso declared constitutional the New Media Law 26,522 holding that there was no justification to declare the law unconstitutional and that if Clarín felt affected by the application of the law, it could seek compensation. Although the judgement is firm, it is not final, which means that is approved in the first instance.

However, in the last hours, the Supreme Court rejected the request per saltum made by the government, which means a new shelter for the Clarin Group and therefore, the extension of the injunction without having the articles in question reviewed. Moreover, the holder of AFSCA, Martín Sabatella, requested that the judicial fair (time of vacations) was enabled in order to decide the law’s destiny.

But between appeals of either sides, one might as well ask how acceptable is that a law in effect since 2009 and that was discussed and approved by the legislature cannot enjoy full force due to the constraints of powerful monopolies?