Thursday, November 15th 2012 - 18:33 UTC

Congress gives Cristina Fernandez additional tool to dismember Clarin group

Argentina's Congress approved on Wednesday a new legal regulation which critics say President Cristina Fernandez could use to force a conclusion in her long-running battle with the country's biggest media group.

The per saltum regulatory clause passed by 135-95 by the government-controlled Congress

The regulation, which applies to the use of a legal mechanism called ‘per saltum’, would let the Supreme Court intervene to decide cases of “institutional seriousness” even when they are being handled by lower tribunals.

Opposition lawmakers say the mechanism could be used by Cristina Fernandez's government to force the country's top court to rule in a high-profile legal case brought by the Grupo Clarin conglomerate over a broadcasting reform law.

Three years since the Argentine leader hailed the law as the start of a new era of media diversity, Clarin has refused to start selling off radio, television and internet licenses and she has given the company until December 7 to comply or have them auctioned by the state instead.

Clarin has vowed to resist and says it was protected by court injunctions for as long as there was no definitive ruling on the constitutionality of the law.

Under the per saltum regulatory clause passed by 135-95 by the government-controlled Congress, the Supreme Court would be able to reject any government request to intervene.

If the government asked the court to decide on the Clarin case, and it accepted jurisdiction, the media conglomerate could have less time to comply with the broadcast law's stipulation that it sell off “excess” licenses, lawyers say.

However, legal specialists say a refusal by the court to intervene -- or a ruling that was unfavourable to the government -- could trigger a conflict between the powers of state.

Opposition lawmaker Graciela Camano said the new per saltum regulation was “an appendix to the media law.”

President Cristina Fernandez ally Diana Conti, however, said using the per saltum was aimed at ending “government by judges” and criticized judges who “put the brakes” on laws.

Cristina Fernandez used to have harmonious ties with Grupo Clarin. Things changed in 2008 when Clarin's news outlets turned against her government over its handling of tax protests by farmers.

Since then, the company has become one of Cristina Fernandez's favourite punching bags. Military police raided the offices of Clarin's Cablevision cable TV company late last year and “Clarin Lies” has become a slogan among her supporters.

The dispute has battered Clarin shares, which are down more than 40% in the last year, and rattled investors critical of Cristina Fernandez's increasingly heavy-handed policies in South America's second largest economy.

53 comments Feed

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1 LEPRecon (#) Nov 15th, 2012 - 06:47 pm Report abuse
Surely the justice system is seperate from the government?

If not, then it would be a great blow for democracy. No one is above the law, not even the President.

I don't know why she has a vendetta with a media group, but abusing her position to attack them is wrong on so many levels, not to mention childish.
2 ElaineB (#) Nov 15th, 2012 - 06:50 pm Report abuse
They probably said something unflattering about her and she has held a grudge ever since. Do you remember how badly she treated the President of Uruguay just because he made an comment about her she didn't like?

The woman is crazy and abuses her power.
3 redpoll (#) Nov 15th, 2012 - 06:51 pm Report abuse
Bye bye freedom of the Press be it right wing or left
4 TipsyThink (#) Nov 15th, 2012 - 07:00 pm Report abuse
means that the coming “ CHASTENING ”” of média including ínternet sítes which mány have disinformations.

bravo CFK...keep going ón.
5 Raven (#) Nov 15th, 2012 - 07:14 pm Report abuse
@4 Tipsy

Does CFK plan to block the internet like the Chinese???
6 Pugol-H (#) Nov 15th, 2012 - 07:27 pm Report abuse
May not have too long to wait before we see if the “separation of powers” in Argentina, is as strong as it is in Ghana.
7 ProRG_American (#) Nov 15th, 2012 - 07:42 pm Report abuse
Give her scissor, give her knives, and give her a hatchet. Go forth Madame President!
8 KFC de Pollo (#) Nov 15th, 2012 - 07:45 pm Report abuse
@1 it hasn't been separate from government for a long long long time. Its probably the number 1 problem and the cause of Argentina's current state.
9 TipsyThink (#) Nov 15th, 2012 - 07:49 pm Report abuse

I don^t guéss totálly.
For all i heard mány of them will be chopped of.

Chinese claim is on Google's spyíng doubts.
10 ProRG_American (#) Nov 15th, 2012 - 08:00 pm Report abuse
You are all wasting time talking about this Clarin noneence about separation of jusdicial (Ghana, LOL!) and executive power and freedom of the press. The fact is that the Argentine Courts have never been so independent than at any other time in history AND there has never been so much freedom of the press as there is now.
One mseparation that is badly needed in Argentina, and the most important one, separation of Church and State. Then Argentina can have a death penalty for rapists, child abusers, drugb trafficers, and killers. Welcome back peaceful Argentina.
11 TipsyThink (#) Nov 15th, 2012 - 08:03 pm Report abuse

You live in fántasy wórld.

come to the réal world.
12 Ayayay (#) Nov 15th, 2012 - 08:09 pm Report abuse
Why can't we get intelligent debaters?????


Google has never been accused by the Chinese of spying. Google was GREATLY welcomed, & made a unilateral decision to stop censoring. (The gov is now the 1 who does it as an added layer.)

The recent Google blockage began the day of elections, which is common for them (happens every ten years).

They blocked access to the NYT newspaper and censored Weibo (their Twitter) because of the investigative piece on the origin of their leader's families mind-boggling billions:
13 ptolemy (#) Nov 15th, 2012 - 08:18 pm Report abuse
@12 “Why can't we get intelligent debaters?????”

Well, clearly you are not one of them.
14 TipsyThink (#) Nov 15th, 2012 - 08:21 pm Report abuse

US has the largest prison population in the world pér capita and the highest rate of incarceration,..homicide and incarcération rates are 10 tímes higher than Japan...

One of out evéry 132 Americans behind the bars.

Not all prisons run by the state,Those privately run prísons make profit when people are put into jail ,so they support the laws that improve incarcération .

This is real USA.....



it's reality is spying doubts not other things.
15 yankeeboy (#) Nov 15th, 2012 - 08:28 pm Report abuse
Every day Argentina moves down the scale of freedom. What is the difference between burning down a newspaper and “legally” taking it and selling it to gov't cronies?
This is straight out of Chavez's playbook...
It is sad
but they deserve the gov't they elect
16 Ayayay (#) Nov 15th, 2012 - 08:28 pm Report abuse
Lol, that's all in the Deep South, @14. I'm sure the Honduras homicide rate of 1 in 12 people is part of the reason Latin America has the highest murder rate, but I felt safe in Argentina.
17 TipsyThink (#) Nov 15th, 2012 - 08:39 pm Report abuse

Heré came the expected guy to discuss US.

The amount of support poor people get in the US is much léss than ín any country ín terms of social benefíts.Thére's not much of a safety nét to hélp you out.On the othér hand ,if you do well ,you can do very well ín the US.



You can feel safe in Argentina if you keep away from night clubs/bars.
18 ElaineB (#) Nov 15th, 2012 - 09:24 pm Report abuse
“You can feel safe in Argentina if you keep away from night clubs/bars.”

19 Ayayay (#) Nov 15th, 2012 - 09:28 pm Report abuse
Bwahaha @17 Wouldn't poor Americans be working in other countries if the truth wasn't the opposite of what you just said?

• Mortgages at less than 6%

•free vouchers for rent

• Free lump sum for downpayments to least-wealthy.

• Free, full cash support for lightly-incomed families (& singles in some states)
Free used car (up to $2k) in some states if they have a job.

• Free heating & utility assistance

Sorry, we never spent our billion on Fútbol.
20 toooldtodieyoung (#) Nov 15th, 2012 - 09:31 pm Report abuse
1 LEPRecon

“Surely the justice system is seperate from the government?”

'course it is, 'course it is!!!! Just ask the Chinese!!

14 TipsyThink

Please stick to the thread!! This is about KFC / Ol' Turkey Neck / TMBOA / The Harpy Selling off the free press in Argentina NOT about the prison population of the US.
21 Frank (#) Nov 15th, 2012 - 09:59 pm Report abuse
@2 ElaineB
“They probably said something unflattering about her and she has held a grudge ever since. Do you remember how badly she treated the President of Uruguay just because he made an comment about her she didn't like?”

Be thankful she has no military worth squat... otherwise she would be invading Uruguay just to shut Mercopress down.... if only for publishing unflattering but brutally honest photos of her...
22 TipsyThink (#) Nov 15th, 2012 - 10:10 pm Report abuse

don^t forget to write -- food stamps -
number of Americans on food stamps in US...

in 2007 ... 26 millions
in 2012 ... 50 millions

as participation rate

in 2007 ... 8,5 %
in 2012 ... 14,5 %



obviously you don^t follow the written comments

say your complaints to the comment(10) owner not to me !
23 Pirate Love (#) Nov 15th, 2012 - 10:20 pm Report abuse
Force a Change of ownership of the only real opposition media she has.....isnt there a name for that,thats it DICTOCRACY, in full swing.
make it appear like a democracy but in reality push with Dictatorship values and kill off opposition.
I predict russian/venezulan new owners.

let me get this straight if she does not like you and tell the truth against her then your days are numbered.
What a piece of work. This is the first time i feel sorry for non-crustina argentines. Say goodbye to your rights.
24 TipsyThink (#) Nov 15th, 2012 - 10:28 pm Report abuse


Argentina has more démocracy than UK.
25 Pirate Love (#) Nov 15th, 2012 - 10:46 pm Report abuse
yet their government strives to change ownership of its only real opposition media, it beggars belief, the act alone will be seen globally as what it is yet another step to securing power by a fastly becoming dictatorship regime with no rivals, she is fooling nobody only herself.
26 TipsyThink (#) Nov 15th, 2012 - 10:54 pm Report abuse


average length tenure per leader since 1945;

Argentina ..0--4,9 years in power

UK .. 5 -- 9,9 years in power.
27 Pirate Love (#) Nov 15th, 2012 - 11:11 pm Report abuse
@and? even if its true thats democracy, clearly argentines were not happy giving another term to previous leaders and who can blame them, and it only shows that UK folk were only more than happy to re-elect thats the beuty of democracy, thats stable democracy, so tell me crustinas re-re-election should have your alarm bells ringing as it goes against your logic and against your averages, unless of course your averages dont mean sh*t, i dont see any UK govt pushing for the change of ownership of a less favorable media, do you?
28 Conorworld (#) Nov 15th, 2012 - 11:39 pm Report abuse
No. 26 TipsyThink
Your comparison about the length of leadership to prove one is more democratic does not work, especially when one considers several terms by leaders in Argentina were ended by undemocratic means, such as coups.

But comparing Argentina to US or UK is silly. First of all, why always those two countries? You have countless more to choose from and in fact shows an ingrained bias for one side or the other. Let's just look at Argentina itself.

I am all for media plurality. In some ways what CFK is doing is just. But the intent, right now is extremely dubious and politically motivated. How does one go from being very cozy with Clarin and allowing it to buy cable TV stations in 2007, all done and approved by Nestor to suddenly going in the complete opposite direction? It smacks of political motivation and using the state apparatus to stifle what was once a supportive media company that is now an opponent. The motivations behind what is going on is wrong.

Furthermore, when the government itself becomes the biggest spender in advertisement in the country, spending more than companies like Unilever and Proctor & Gamble, spending US$300 million a year on advertisements, one can say that the government has a disproportionate monopoly itself and that an opposing media outlet like Clarin as it is now is needed.
29 Ayayay (#) Nov 15th, 2012 - 11:41 pm Report abuse
@28 good point
30 St.John (#) Nov 16th, 2012 - 06:43 am Report abuse
TipsyThink (# 4) and ProRG_American (# 7)

A couple of happy fascists, aren't they - chop down free press because it writes something you dislike.

Next step: Belorus

Let's look at TipsyThink's ## 14 & 17 - the US is soooooo bad.

Diario Los Andes:

En un año, 262.000 argentinos solicitaron visas para EEUU - 262,000 argentines appliedfor visa to the US of A in one year

- the US is soooooo bad, ¿es cierto nabo?
31 Doggy Rap (#) Nov 16th, 2012 - 07:01 am Report abuse
How ridiculous - TipsyThink running WhatAboutIsm full speed.

“average length tenure per leader since 1945;

Argentina ..0--4,9 years in power

UK .. 5 -- 9,9 years in power.”

@ 26 TipsyThink


The genius is counting the military dictaturships into his tenure length per leader - a clear sign of democracy!

Argentina military dictaturships since 1945:

1956 once more in November
annulled the presidential election in July 1963
1966 June, president Illia removed

and Tipsy(entoxicated)Think counts them as tenure “length per leader”.
32 Pirat-Hunter (#) Nov 16th, 2012 - 09:41 am Report abuse
I like CFK! with her politics the WMD fiasco and the massacre of Muslims in Iraq would have never happened. CFK is the best president Argentina had in the last 40 years.
33 DanyBerger (#) Nov 16th, 2012 - 09:42 am Report abuse
I cannot wait for 7D.

Would be one of the happier days for Argentine people after the “Dulce de Leche” and “Asado” invention.

7D ClarinMiente Scrap day for a corrupted media group...

I cannot wait also for the program on “Channel 13” that will be called “Bailando por un sueldo” where biased journalists, liars economists and politician will compete for the last salary given by ClarinMiente Group.

It is not amazing?
34 Foxtrot Indigo (#) Nov 16th, 2012 - 11:54 am Report abuse
I think the key words in this article are:

“government-controlled Congress”

No more needs to be said
35 Mendoza Canadian (#) Nov 16th, 2012 - 12:05 pm Report abuse
Remember when CFK refused to talk to her Vice President? For three years!! She has to be the most childish person in the country. She will put the knife in your back in a new york minute....
36 Simon68 (#) Nov 16th, 2012 - 01:47 pm Report abuse
Remember that the vendetta against Clarín hasnn't been only political, it has also been personal, the accusaqtion against the owner, Mrs Noble, of having adopted stolen babies was proved to be total rubbish.

CFK will stoop to any depth when she is crossed!!!!!!
37 Captain Poppy (#) Nov 16th, 2012 - 05:16 pm Report abuse
A very interesting article
38 MistyThink (#) Nov 16th, 2012 - 06:36 pm Report abuse
I think the fairy British soldiers are very inept to accelerate the Democracy
in UK like in Argentina.
39 Mendoza Canadian (#) Nov 16th, 2012 - 06:45 pm Report abuse
What the hell is that supposed to mean Misty?
40 Nostrolldamus The 2nd (#) Nov 16th, 2012 - 06:45 pm Report abuse

I would await till the movie ends. Perhaps it is true that “socialism” or “excessive government” represses wealth, but “excessive conservatism” has always lead to conflict. The USA is in conflict all over the world and WITHIN itself for this intolerance of other cultures, and eventually it will bring your destruction, and sooner than later (next 100 years), either through a FBE (foreign bombardment event), or an internecine (separatism). Which we are already seeing as the USA (and European countries), are teeming with secessionist and independentist movements.

On the other hand, Argentina is the most unified large country in the history of Earth over the last 140 years.
41 agent999 (#) Nov 16th, 2012 - 07:16 pm Report abuse

“On the other hand, Argentina is the most unified large country in the history of Earth over the last 140 years”
that's a even better joke than pirate hunter could use !
42 Nostrolldamus The 2nd (#) Nov 16th, 2012 - 07:19 pm Report abuse

So why don't you instead of saying is a joke prove it?? Since 1880 name one separatist, independentist, or secessionist movement in Argentina. ONE.

I rest on my chances that your comments come straight from your jealous spleen, since you antis won't EVER be capable of giving Argentina any praise, credit, or due in anything. You are such diffident individuals that acknowledging Argentina has even one solitary positive makes you feel insecure and naked. Pathetic but true.

Yours trully,

Nostrolldamus The 2nd, Psychologist graduate at the University of Experience.
43 British_Kirchnerist (#) Nov 16th, 2012 - 07:48 pm Report abuse
Excellent, whaty's bad for Clarin is good for Argentina, can't wait till the 7th =)

#2 “Do you remember how badly she treated the President of Uruguay just because he made an comment about her she didn't like?”

I don't. Do you remember any more than that context free insinuation yourself?

#7 =)

#10 Naw, Argentina is way more civilised than the US for not having a death sentence, and on more progressive causes like gay rights Cristina isn't afraid of the Church hierarchy =)

#21 Lol, usually the only good parts of mercopress's articles on Cristina are the beautiful pictures of her!

#26 True, but I hope Cristina bucks the trend and lasts longer than Maggie =)
44 MistyThink (#) Nov 16th, 2012 - 08:01 pm Report abuse
just a moment !

I can not comment from Argentina after removing this site.

I'll - chiao--you all by my last comment when heard removing date.

probably you don't know.
** we use - chiao--( spelled as - chau) rather than - adiós - in Argentina.
45 Captain Poppy (#) Nov 16th, 2012 - 08:43 pm Report abuse
#14 as more amd more states legalize POT, the prison rates will be cut in nearly half as most pot users are filling our prisons. As for murder is relatively comparable to RGlands murder rate.....USA ranked 68th and ARgentina 63 per capita murders. In terms of robberies, ARgentina had 905 per 100,000 and the USDA 146. I guess when you are poor you will rob more.
Back on topic anyway......who needs the media represents freedom of speech and we certainly do not want that in Argentina. Maybe when CHile invades and takes over RGland.....they will restore those freedoms.
46 surfer (#) Nov 16th, 2012 - 09:11 pm Report abuse
last sign of a failed state.
47 British_Kirchnerist (#) Nov 16th, 2012 - 10:48 pm Report abuse
#35 He was a traitor who stabbed her in the back over the agricultural oligarch's revolt, he deserved it!

#36 Then why did they fight so hard NOT to prove it to be total rubbish. Either they knew something the incomplete database does not, or, despite knowing they were not stolen, deliberately kept their status “private” to torment the relatives, which would actually be even worse...
48 Captain Poppy (#) Nov 17th, 2012 - 12:08 am Report abuse
Each time and day your further prove you are an argentine troll....
49 British_Kirchnerist (#) Nov 17th, 2012 - 09:05 am Report abuse
#48 Why, would no British person care about stolen children in your opinion?!
50 Ayayay (#) Nov 19th, 2012 - 02:12 am Report abuse
@43 You're comparing a region with fifty areas the size of Latin Am countries. My region recognized same-sex union before Argentina. We're also known historically as the most relaxed region in the world towards gender identity.
And we're U.S.
51 Captain Poppy (#) Nov 19th, 2012 - 11:22 am Report abuse
#43 Your statement on death sentence proves you know nothing about the USA. Few states in the USA have the death penalty. You RGs don't seem to understand how the USA works that each state is independent and sovereign. Massachusetts had gay marriages in 2007. One thing is wrong, RGs change history by allowing a birth certificate to be changed.....some born a male will always be born a male, no matter what they change to surgically.
52 DanyBerger (#) Nov 19th, 2012 - 11:08 pm Report abuse
@ Captain Poppy

“some born a male will always be born a male, no matter what they change to surgically.”

And that rule also applies for stupid retarded idiots Yanks too?

Wow Poppy I understand now...

Bloody ‘ell mate
Your surgery didn’t work either?
53 Captain Poppy (#) Nov 20th, 2012 - 01:28 am Report abuse were better under different ID.s Argentina allows sexually altered people to change their birth certifcates......I see you time away, whatevcer your crime was, improved your insults to a sophomoric level....congrats.

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