Buenos Aires, May 4, 2011 Messrs.
A member of the Delegation
From Inter American Press Association (IAPA)
In my consideration:
Between 18 and August 25, 1978, during the military dictatorship, Argentina was a mission of the Inter American Press Association (IAPA) headed by Edward Seaton, owner of the newspaper "Mercury" of Kansas and Ignacio Lozano, La Opinion of Los Angeles . During his visit, the IAPA representatives interviewed more than five dozen people and produced a remarkable document, which was not disclosed then the press in our country. Among the major findings of this report include: Argentine publishers for national security took precedence over freedom of expression, censorship manifested justified under the military dictatorship, refused to report the disappearance People and benefited from that behavior by partnering with the State for the production of paper using Newsprint Company.
too No need to explain the context in which it was made that visit. Press censorship, the persecution of intellectuals, murder, kidnapping and disappearance of thousands of people, including more than a hundred journalists, the existence of concentration camps where there was torture and death, and dissemination of terror on society as a whole defined the time we remember as the most tragic in our history. Argentina recovered
The democratic institutions in 1983 and since then holds full rule of law. The citizens of our country, including journalists, media workers and media owners, have complete freedom to investigate, gather information, opinions and express their ideas.
Our management is committed to the defense more unrestricted freedom of expression, as you can see any citizen, or even any outside observer, leafing through a newspaper or watching television just a few minutes. Criticism of the national government, often ruthless, repetitive tone, are common in most media reporting the Argentines. On the other hand, it is remarkable omission of relevant information about the national government measures and disinformation through falsehoods and lies displayed with little modesty. These facts contribute to the construction of virtual realities unflappable force citizens to check on a daily basis what world they live. Although it is amazing that happen without being subject continued to stake the reputation and reliability are values \u200b\u200bindispensable to the practice of journalism, this administration has not dared not dare to silence anyone. Means that it is better withstand the constant defamation before committing the slightest act of censorship.
But not enough to guarantee not to censor. Addition respect the right of opinion among media owners, whom you represent, and the power they have to exercise it through their media companies, we want to defend freedom of expression as guaranteed participation in public debate of the majority who represent as a democratically elected authority.
In this line, we have promoted with great determination process of profound transformation under the framework of a new law on audiovisual media services has become a reference to regional and international level. Its objectives are clear: to promote decentralization, promote competition and ensure the participation of non-commercial private sector in the market for cheaper communication and universal access to new technologies and democratize information content disseminated through them. At the same time, we developed another set of policies (reported in Section I of the Report attached) that subscribe to the same general direction and serve the purpose of ensuring a complementary public service quality communications, federal and popular character, inclusive of productions and national thought, and addressed to all inhabitants of our country without exception. We believe it is the best way the government can effectively exercise the defense of freedom expression, understood as a universal right.
The government is aware that these policies should be implemented in an adversarial context, pointing to just one reverse: that of the sharp concentration of the communications market. We know that this is the main issue on the agenda of freedom of expression globally, regionally and nationally and understand that is not enough to denounce the concentration and structural threat if we can not go one step further and discuss your specific actors, the focus groups.
In this sense, the visit of the SIP can not be more timely as Clarín business group, made up of Argentine and foreign capital and partner Your organization has become the biggest obstacle to achieving full respect of freedom of expression in our country.
Clarin group, such as SIP found in 1978, profited his refusal to report the disappearance of people to partner with the State in the exploitation of newsprint. This enabled him to acquire a position in the market, which later consolidated with liberal rules offered by different democratic governments, which, however, failed to comply. Today, abusing its dominant position to discriminate against competitors, censor journalists, trade union activity of disabled employees, delegates dismissed or spyware and then report them on their own, challenging in court the decisions taken by a large majority in Parliament and even permanently refuses to respect the decrees and resolutions of the Executive.
We wonder whether these actions of grave concern to the government and many citizens in our country are viewed with concern by international organizations that gather journalistic institutions. Is not subject to alarm you that a member of your society founded in 1926 with the aim to "encourage high standards of professionalism and business conduct" violates the rights and principles that seek to defend? There
part del Grupo Clarín y sus aliados reconocimiento de estos problemas. Por el contrario, los escuchamos a diario realizar acusaciones infundadas que intentan reducir nuestra convicción democratizadora a una cruzada autoritaria contra la sociedad y contra ellos.
Como respuesta, podemos decir que nuestra política pública ha sido abierta y transparente. Toda la sociedad la conoce y la mayor parte de ella venía reclamándola hace muchos años con su movilización y compromiso. El debate y sanción de la nueva Ley de Servicios de Comunicación Audiovisual fue una prueba cabal de ello. Nada más alejado de la oscura persecución de una administración contra víctimas indefensas que esa ley, fruto del trabajo colectivo, lighted in broad daylight in the room that represents the will of the popular majority.
is legitimate for those who have grown up under another order that enabled and sustained monopolistic practices in the communications market, do not feel represented by these policies. What is not legitimate is to hold a public smear campaign, abusing its dominant position to distort reality and hide behind to protect their business interests on an alleged breach of rights defense systematically. There
today no state restrictions on freedom of expression in Argentina. What exists is a law, passed in Parliament, which promotes the restriction of monopolies in the communications field to protect the defense of pluralism and diversity of voices. Just as it established the Commission on Human Rights in its principles, arguing that "monopolies or oligopolies in the ownership and control of the media should be subject to antitrust laws as they conspire against democracy by limiting the plurality and diversity which ensure the full exercise of the right to information of citizens "1 and UNESCO, where a document of 2008 states that authorities should" require the divestiture of existing media operations when the plurality is committed or unacceptable levels are reached in the concentration of ownership "2, the national government believes that devolution is a prerequisite for the exercise of freedom of expression.
1 For more information see: http: / / www.cidh.oas.org/basicos/basicos13.htm
2 Media Development Indicators. Approved by the Intergovernmental Council for the Development of Communication (IPDC) UNESCO in 2008.
For more information see: http://unesdoc.unesco.org/images/0016/001631/163102s.pdf
There is wide debate today about these issues in the academic, social and political, both international, regional and national levels. The question raised is whether it is possible to guarantee pluralism in a context of concentration as pronounced, and what role should the state to ensure the effective exercise of the right to freedom of expression.
is important to note that in Latin America, the debate does not only involved the exercise of individual rights not only involves the state as guarantor of these, but the economic power of the media focus groups and ability intervention in public debate as a central actor, or in many cases limited to discipline governments, legislators and court officials.
is a fundamental issue at stake then that also the quality of our democracies. In this sense, the existence of a media market dominated by few business groups tend to promote the formation of public opinion and political power uniformed subordinate, in addition to sealing the development of free expression of ideas and dissemination of information.
Let's call things by their name. If there are limitations to the full exercise of freedom of expression in Argentina today, not due to the acción de este gobierno, que ha sido nítida y democrática; sino a la posición dominante de un conglomerado de medios -que funciona en los hechos como un actor político- y que ha decidido sostener su poder en el mercado de la comunicación colocando sus intereses corporativos por encima de las leyes de la República y de los derechos de las mayorías.
Por todo lo expuesto, solicitamos a los miembros de la delegación de la SIP que se encuentra visitando nuestro país que:
Examinen con atención las políticas· públicas que hemos resumido en el Apartado I para sumarlas a una evaluación equilibrada y de conjunto sobre la situación de la libertad de expresión in our country. It is not just to limit but primarily to foster and promote new actors in the field of communication and to ensure freedom of expression to mayorías3.
3 The essential pluralism of communications demand progress on decentralization of the media system, prevent the emergence of new dominant positions and at the same time strengthen the emergence of new actors in mass communications. On the end of 2010, more than 15 000 new media across the country had applied for license delivery process to begin in 2011. No doubt the universe is now coming to light represents a threat to those have been distributed for years the markets for advertisers, readers, listeners and viewers. Chapter VIII, "Freedom of expression and right to information. Tensions and challenges around the democratization of the word, Luis Lozano, Human Rights in Argentina, Annual Report 2011, CELS, Siglo XXI Editores.
Listen to respect the opinion of the ° many sectors of civil society who have been involved in the process of public discussion of the Law on Audiovisual Communication Services: trade unions of workers, their labor unions, social movements human rights, political parties and organizations, universities national cooperative movement, community channels and radio stations and SMEs, indigenous, and many expressions of culture, along with interested citizens on this issue. Ponder
statements and • the many manifestations of international organizations working to defend freedom of expression and those that comprise the American System and System of Human Rights, who repeatedly praised the policies of the current Argentine government, in particular as regards the Law on Audiovisual Communication Services and the bill to decriminalize defamation and libel for public affairs.
Discuss current allegations of the ° private stakeholders in the communications market in Argentina in light of public policy, legitimate and transparent, that affect their specific interests and become part and parcel of alarmist propaganda. Evaluate
irregularities summarized in • the Section II of this document which are a systematic pattern of violation of freedom of expression by the business group Clarin.
Finally, we hope that they can be reasonably even-handed in honor of this memorable visit in 1978 and in response to the abyss that separates the reality we are living, not free of conflicts and disputes, but in the fullest governing state guarantee for the exercise of freedoms and rights of all citizens.
Who then were silent horror, now clamoring for a possible loss of their privileges. That does not scare us. Yes, try to turn a legitimate democratic government intends to limit its claims monopoly in the authoritarian monster then get away in silence to get these businesses achieved and defended at all costs.
Dr. Juan Manuel Abal Medina Secretary of Public Communications
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