Friday, December 7th 2012 - 15:21 UTC

Argentine government appeals to Supreme Court the conflict with Clarin Media group

As part of another chapter of the bitter conflict over a controversial Media Law the government of President Cristina Fernandez called on Friday for the annulment of a ruling from the Civil and Commercial Court of Appeals, which on Thursday extended an injunction placed by the Clarín Group on Article 161 of the Media Law.

The Cristina Fernandez administration demands the Court applies ‘per saltum’ which requires a ‘swift, definitive solution’

The article of the 2009 bill refers to the divestment and sale of television and radio licenses after Friday 7D, in order to comply with the new Media Law limits for media groups such as Clarin. The powerful Argentine media group has over 240 television and broadcasting licences.

On Friday morning the Argentine Cabinet Chief Office and the Audiovisual communications watchdog Afsca each presented an appeal against the injunction before the Supreme Court asking that the recently approved ‘per saltum’ instrument be applied to the case given that they are ‘federal competence issues” involving ‘notorious and serious institutional questions which demand a definitive and swift solution’.

The 'per saltum' law regulates an extraordinary appeal to let the Supreme Court decide on “serious institutional cases” which require a “swift, definite solution” without going through lower courts first. The recourse was recently pushed through Congress by the Cristina Fernandez administration precisely anticipating the current situation.

The appeals Court on Thursday decided to extend the measure until the lawsuit filed by Grupo Clarín in protest of the alleged unconstitutionality of article 161 in the Media Law. The decision was signed by Judges Francisco de las Carreras and Maria Susana Najurieta.

On Thursday Justice Minister Julio Alak assured that the extension of the injunction, which was supposed to expire today (Friday), “confirmed what we have been saying.”

“The ruling is absolutely arbitrary. It has severe contradictions aimed at the extension of the absurd injunction,” the minister assured during an interview on 678 TV program.

The minister said that “there are only a few days left for the background sentence, that could be in a week, or maybe two or three, but the application of the law is inexorable.”

Alak admitted that “an injunction could be applied with a decree, but not over a law of the National Congress, requested by an economic group and that has been approved three years ago.”

Earlier in the week Alak had stated that if the Civil and Commercial Court extended the injunction filed by the Clarín Group, preventing the implementation of divestment Article 161, “beyond December 7”, “this would imply an uprising against a national law and generate a conflict of powers.

As tension increased along the week the Judiciary branch made public on Thursday an exceptionally harsh release asking the Argentine government “to exercise its faculties within the boundaries of the procedural rules and avoid using direct or indirect mechanisms to pressure judges thus affecting their independence”.

Cabinet Chief Abal Medina came on stage Friday claiming that the Appeals Court favoured the Clarin media group by extending the injunction.

”With this decision we confirmed that the court is an arm of the illegal group (Clarin),“ he fired adding that “once more they want to prevent Argentines from building a plural country, but as we are getting used to these reactions which seek to keep privileges for a few, we will keep on working for the laws to be upheld”.

Abal Medina went on to say “the people, their representatives, labour unions, social organizations and media groups have shown support and have observed the media law. Only Magnetto (Clarin media group CEO) and some members of the judiciary associated with Clarín and some conservative sectors of the society are opposing it.“

Medina added that ”on December 9, people will celebrate with joy 29 years of democracy and progress on human rights and social inclusion policies.“

From Washington the US State Department Spokesman Mark Toner also referred to the media law and the dispute between the executive and the judiciary powers.

”We’re obviously watching the process closely. I don’t really have any specific comment on the legal proceedings themselves“.

He added ”as we say generally whenever there’s a legal process, we want to see it adhered to international standards. You know where we are about – where we are on media freedom. We want to see freedom of expression, including for members of the press. We believe it’s a fundamental freedom that’s vital to the health and proper functioning of a democracy”.

38 comments Feed

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1 andy65 (#) Dec 07th, 2012 - 03:48 pm Report abuse
What are you affraid of Chrissy??
2 Pirate Love (#) Dec 07th, 2012 - 03:53 pm Report abuse
Her face says it all, and she knows her Clarin torment is yet to continue....

and its Greaaaaaaat!!! Go Clarin the true voice in argentina!
3 ProRG_American (#) Dec 07th, 2012 - 03:58 pm Report abuse
Al hogwash. Clarin will have to comply with the law.
4 Troy Tempest (#) Dec 07th, 2012 - 04:03 pm Report abuse

“Al hogwash. Clarin will have to comply with the law.”

And Crissy will have to comply with the Law, too!

Oh, wait a minute, she just re-writes them :-(
5 Simon68 (#) Dec 07th, 2012 - 04:47 pm Report abuse
After five long years of governmental bullying, at last the Argentine people are beggining to see light at the end of the tunnel. The Judiciary has at last spoken out against the government's strongarm tactics against the independence of our judges!!!!!!!
6 Pugol-H (#) Dec 07th, 2012 - 04:49 pm Report abuse
@3 ProRG_American
Only if you can get the courts to enforce it. What happens if the Supreme court rules against Argy gov.
7 GFace (#) Dec 07th, 2012 - 04:50 pm Report abuse
Perhaps ProRG-Racist-Latin-American-who-can't-even-use-the-“right”-racial-epithests-in-the-Libertad-topic-comments-and-who-should-know-that-Americans-who-would-likely-support-the-“Malvinas-Narrative” -would-NEVER-use-such-racist-language-nor-would-any-American-seeking-credibility-on-ANY-topic-use-such-language needs a civics lesson.
8 agent999 (#) Dec 07th, 2012 - 04:59 pm Report abuse
@3 ProRG_American
Why do you have to have a law to determine who publishes a news paper.
If I buy a newspaper I have a choice of which newspaper I buy, no-one is forcing me to buy their paper, the commercial survival of a newspaper depends on the number of copies that are sold.
You can argue that certain publishers do not support the government and are subsidised by the government opposition, in Argentina you also have government controlled media like Telam and pro government press like the BA Herald
9 ElaineB (#) Dec 07th, 2012 - 05:04 pm Report abuse
The Kirchners used to LOVE Clarin. Nestor had many a cosy dinner with the editor and owner. Now, because CFKC has a vendetta she makes up laws against them. The woman is insane and has no business holding any position of power.
10 GFace (#) Dec 07th, 2012 - 05:09 pm Report abuse
@9, Narcissists in power are a fickle lot, aren't they?
11 Conqueror (#) Dec 07th, 2012 - 05:12 pm Report abuse
@3 More PROOF that argieland is a corrupt, criminal, pariah, rogue state. Expel it from everything. Starting with the UN. From which it should have been expelled in 1982. Refuse to allow argies to travel anywhere outside of LatAm. At world level, DEMAND (a favourite argie word) that ALL debts are repaid IN FULL. Reduce ALL argies to living at subsistence level. Expropriate EVERYTHING for the world until ALL debts are repaid. Install a “caretaker” government without a single argie in it. Determine what land was seized by force and return it to original inhabitants. Expel all argies from that land. WHEN/IF all debts are repaid, refuse all argie requests for assistance, loans etc for 100 years. Leave appropriate forces in place to ensure that no assistance, loans etc are given by other LatAm countries. Destroy all military equipment and make it illegal for argieland to obtain any more. Maintain surveillance of returned land to ensure argies don't try to get it back. Ban various criminal argie organisations. Ban all gatherings of more than 20 argies. Brand everyone with a unique number. Argentines will be free to carry on “normal” activities, argies won't. End the current “education/brainwashing” system. For CFK and her corrupt “government”, life imprisonment in a labour camp. Disposal at sea. Just like bin Laden!
12 Simon68 (#) Dec 07th, 2012 - 05:13 pm Report abuse
I don't know if Clarín is a good newspaper or not, but as it's advertising says it oges before the “electorate” every morning and it's “mandate” lasts 24 hours and not 4 years!!!!!!!
13 Optimus_Princeps (#) Dec 07th, 2012 - 05:18 pm Report abuse
By “democracy”, they mean the abusing their positions to do what they want, and allowing criminals to run free as long as they vote for them.

By “social inclusion” they mean bribing the poorest, least educated into voting for them with the funds collected from those that don't.

By “human rights” they mean more rights for themselves and their supporters, and to hell with the rest. They have the right to steal from people, as long as they disagree and have something to steal, because they are 'unfairly privileged'.
14 Simon68 (#) Dec 07th, 2012 - 05:28 pm Report abuse
13 Optimus_Princeps (#)
Dec 07th, 2012 - 05:18 pm

That seems a pretty true description of the “54%”!!!!!!!
15 ElaineB (#) Dec 07th, 2012 - 05:30 pm Report abuse
Clarin has been described by several Kirchnerites on here as being 'the most important newspaper in Argentina'. So why would they want to silence it? Because it does not give in to their intimidation?

Newspapers are businesses, giving their readers what they want. They don't set policy or tell their readers what to think, they play to their readership. If they printed stories their readers did not agree with or want to read, they would not buy the newspaper.

Clarin is serving a certain readership and their views. That is what upsets CFKC so much, that there is a considerable section of the population that does not agree with her politics and the way she is leading the country. Shutting them down will only cement their views. Silly moo.
16 Optimus_Princeps (#) Dec 07th, 2012 - 05:48 pm Report abuse
14 Simon68:
The funny thing is that all my friends didn't vote for her. There are a couple of retarded little sisters that would if they weren't 14. CFK rigged the vote by a few percentage points by getting people called Punteros to bribe dirt poor people in exchange for a box of food and about $10 USD.

There were some lower middle class working people that thought they'd be looked after, because Nestor wasn't as mentally unstable. They expected more the same which was tolerable for some folks. The farmers were the ones getting the shaft those days. But they were unaware that they were going to be pounced upon by botox filled face of belligerence, greed and economic retardation. They were fooled, but we knew the Kirchner's were scum.
17 ChrisR (#) Dec 07th, 2012 - 05:51 pm Report abuse
This from the 'Justice' minister ”The minister said that “there are only a few days left for the background sentence, that could be in a week, or maybe two or three, but the application of the law is inexorable.”

And then of course there will be no more bad comments about TMBOA!

Have these idiots never heard of the internet that even Tobias keeps boasting about?

Ah!, I see! Blocking the internet ala China will be next on TMBOA agenda.
18 J.A. Roberts (#) Dec 07th, 2012 - 06:27 pm Report abuse
God, that woman looks more like a man in drag by the day...
19 briton (#) Dec 07th, 2012 - 06:54 pm Report abuse
If CFK want to re-run for internal power,
She must first do away with and silence all opposition to her ambitions,
Including altering the constitution
Removal and silencing of the press / and the radio and TV stations
Then silence her enemies, union haters, party members,

CFK is in fact creating her very own little internal empire,
Is this not to far from the truth .
20 MistyThink (#) Dec 07th, 2012 - 07:18 pm Report abuse
Are there any people who like Jaguar cars here ?
21 Troy Tempest (#) Dec 07th, 2012 - 07:46 pm Report abuse

22 Brit Bob (#) Dec 07th, 2012 - 08:13 pm Report abuse
Interesting to note that if any Argentine agencies produce inflation statistics that are not in line with the government statistics office INDEC they are liable to prosecution. Although INDEC shows inflation at 10% the real figure is closer to 25%. Another reason not to believe 'the Great Malvinas Lies.'
23 toooldtodieyoung (#) Dec 07th, 2012 - 08:22 pm Report abuse
Medina added that ”on December 9, people will celebrate with joy 29 years of democracy and progress on human rights and social inclusion policies.“

Well Those people obviously don't live in Argentina then!!
24 ICFreedom (#) Dec 07th, 2012 - 08:42 pm Report abuse
@17 - that is already happened. there are several websites the Arg govt blocks access to -it's not hard to get around these restrictions, but many in Arg werent even aware that some sites are blocked by their govt.. google search argentine censorship of ISP's and you'll find the sites the govt considered offensive or otherwise blocked..
25 Raven (#) Dec 07th, 2012 - 09:26 pm Report abuse
@20 MistyThink

I rather like Jaguars.

They have certainly come on leaps and bounds since the last XJ6

I drove an S type earlier this year and bloody hell does it want to get a move on with even a slight twitch of the foot. Though the S type is a bit ugly. The newer XF looks far better. The S still rides the bumps well. If you have a deep pocket for the fuel, I'd say get one.
26 Pirate Love (#) Dec 07th, 2012 - 09:29 pm Report abuse
If clarin is forced to change to a more Kirchner friendly ownership, it will prove Dictatorship and corruption flows through the blood of the whole of Argentinas justice system also and not just its self-serving government.
There is only one loser and that is the Argentine freedom to criticise its authorities, a very dangerous conclusion for all Argentines and ultimately its neighbours.
But hey! argentina elected its venezeulan wanna-be government! Suck it up!
27 Anbar (#) Dec 08th, 2012 - 12:37 am Report abuse
“All your papers are belong us!”

Said Argentine Government official.....
28 redpoll (#) Dec 08th, 2012 - 01:08 am Report abuse
@20 @25 I think you will find that jaguars have been hunted to extinction in Argentina. Next target for extermination - a free press.
Where is Think? We miss him!
29 Nostrolldamus The 2nd (#) Dec 08th, 2012 - 04:30 am Report abuse



Because as horrific as that picture of the USA is (and it seems to be completey accurate), that country is a liberitarian direct democracy compared to the UK.

We in the south admire how free you people really are

30 yankeeboy (#) Dec 08th, 2012 - 04:37 pm Report abuse
Toby, I hear Arg is further restricting Wheat exports. Hmm I wonder what they know that they are not saying,

The USA will be happy to sell you Wheat unfortunately we don't take pesos

Barley para todos ( coming next fall)
31 Raven (#) Dec 08th, 2012 - 04:46 pm Report abuse

Considering how hopelessly inaccurate your other posts have been recently, I'd say that the picture you linked to would be far closer to North Korea.

There are far too many US citizens that would use their Constitutional rights before the US became anywhere near what you allude to.

Here is a better picture, one that more accurately reflects your recent posts.
32 St.John (#) Dec 08th, 2012 - 10:40 pm Report abuse
I am glad I sold my house in Mendoza for U$S and left 8 months ago - it feels like having left Germany in December 1932, immediately before it all went wrong.
33 Nostrolldamus The 2nd (#) Dec 09th, 2012 - 03:35 am Report abuse

“A major news story broke on AOL and countless other mainstream news media outlets, this past week, that the Obama Health Care Bill will require all U.S. citizens and babies to receive a microchip or Medchip by March 23, 2013. Whether or not the microchip requirement in the bill is implemented by 2013, remains to be seen.

What is not told is that not just democrats or the government are behind this through Obamacare. Major corporations like health and car insurance companies, banks, and consumer research groups are also pushing for the national Medchip, to assess consumer trends, how health may affect driving habits, and even by banks, to ”predict“ the likelyhood of a customer falling behind or ceasing payments on car loans or mortages due to declining health or a catastrophic event.

And not just government and the private sector, but law enforcement are in the act as well. They have shown interest in using the chip for what is called ”preventive surveillance“. Indeed, already the law enforcement industry is requesting that cell phone and e-mail providers save and store ALL text and e-mails of all costumers to be retrieved at law enforcement's discretion, which they claim will enhance public safety”.


That's the land of the free??????

HAHAHAHAHAHAHAHAH. You people are even past 1984 or Minority Report. You are in the Matrix.

Thank God I live in a country with wide open spaces, no cameras, no chips, no phone/e-mail taps and where gays can marry, people can carry pot, all religions are free... the breath of true freedom.
34 Conqueror (#) Dec 09th, 2012 - 03:01 pm Report abuse
@29 Do you think it might be an idea to avoid the mad cackling? It tends to confirm our impressions of your mental capability and stability.
@30 You have a problem. In the first place, you don't have a “country”. You may think you do because you have a specially dyed dishrag. But what you “have” is stolen territory. Gained through wholesale murder. Hitler would be proud. How do you “know” there are no taps? Because that bunch of gangsters that run the place tell you so? And you're all drug addicts and queers as well! Sol many things for you to be “proud” of. Actually, you make “normal” people sick. You wouldn't understand that. Not being “normal”.

So what are you? Mentally incapable and unstable. Murdering genocidal, drug-addled queers.

In other words, an aberration, a canker, a disease. To be cut out and destroyed. Should have done it in '82, but most of us didn't realise how sick you were. Next time. We'll put you out of your misery. Never to bother a sane world again!
35 Troy Tempest (#) Dec 09th, 2012 - 06:40 pm Report abuse
@33 Nozzy

“ Whether or not the microchip requirement in the bill is implemented by 2013, remains to be seen.”


Sounds like your “big story” is a non-starter anyway.

Good thing that the FREE PRESS like AOL can report these conspiracies and open them to discussion.

Let AOL readers discuss it freely and openly, ELSEWHERE, not here.

Good demonstration. Thanks.
36 Captain Poppy (#) Dec 09th, 2012 - 11:23 pm Report abuse
Troy not to mention it's BS. No wonder these trolls believe what the camp tells them.
I have to go off target here for a second. Little does he know that a process like that is unconstitutional for the same reason abortions is constitutional. And the only websites posting that are conspiracy website.
Now...back.....Can any anti kirchner Argentines here give me a real assessment of the Argentine Supreme Court? Is their any part of the RG Constitution that cannot be altered like the US Bill of Rights, the first 10 Amendments of our Constitution? Because I see the Argentine Constitution being rewritten at breakneck speed if the SC is truly independent.
37 Simon68 (#) Dec 10th, 2012 - 05:08 pm Report abuse
36 Captain Poppy (#)
Dec 09th, 2012 - 11:23 pm

To ammend our Constitution there must be a Congressional 2/3 majority in favour of convening a Constitutional Convetion.

It is my considered opinion, and only a personal one, that the Supreme Court will uphold the Appeals Court ruling. This because it complies with Constitutional Law. I also think that eventually the SC will rule that the two articles, 45 and 161, of the “media” law ARE constitutional. This is, I reapeat a personal view, and I must admit that I'm not a lawyer and have not even read the media law, but experts have said thaty they do not see the articles as unconstitutional!!!!!!
38 Captain Poppy (#) Dec 10th, 2012 - 06:16 pm Report abuse
Troy the conspiracy theorist took a section of the healthcare law that was designed to created a database to monitor the efficacy of implants....i.e. heart pacemakers, •percutaneous catheters
•vascular graft prostheses
•bone-conduction hearing aids
•tympanostomy tubes
•gastrointestinal tubes
•implantable staples
•long-term intravascular catheters
•intracranial pressure monitor devices
•peripheral nerve stimulators for pain relief
•eye sphere implants
•intramedullary fixation rods
•joint prostheses

But the same writer is now saying that Obama is gay and God's soldier's need to impeach him.

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