
Buenos Aires, May 4, 2011
A Messrs.
Delegation Members of the Inter American Press Association (IAPA)
In my consideration:
Between 18 and 25 August 1978, during the military dictatorship, Argentina was a mission of the American Society 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 of persons and benefited from such conduct by partnering with the State for the production of paper by 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 supports the full enforcement of the 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, is a notable omission of relevant information about the measures of the national government and misinformation 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 work of journalists; this administration does not dare dared not 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. In addition to respecting the right to view media owners-a who you represent, and the power they have to exercise it through their media companies; want to defend freedom of expression as guaranteed participation in public debate of the majority that we represent as 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 private sector commercial market communication to cut 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 of 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 with your organization, has become a major obstacle to achieve full observance 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 or spyware goodbye and then report them on their own, challenging court the decisions taken by a large majority in Parliament and even permanently resistant 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?
No part of Grupo Clarin and its allies recognize these problems. Instead, we listen to daily make unfounded accusations that aim to reduce our conviction democratizing authoritarian a crusade against society and against them.
response, we can say that our public policy has been open and transparent. Every known society and most of it had been demanding for years with their mobilization and commitment. The debate and passage of the new Law on Audiovisual Communication Services was a thorough test of it. Nothing could be further from the dark pursuit of an administration against helpless victims that law, proceeds of labor, lit to daylight in the room which 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 limiting monopolies in the field of communication 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 property "(2,) the national government believes that devolution is a prerequisite for the exercise of freedom of expression.
There is a wide debate today about these issues in the academic, social and political, both international, regional and national level. The question 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.
It is important to note that in Latin America, the debate does not only involved the exercise of individual rights or involves the state only as a guarantor of these, but the economic power of the media focus groups and their capacity to intervene 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 action of this government, which has been clear and democratic, but the dominance of a media conglomerate, which runs on the facts as a political actor and has decided to hold its power in the communications market by placing corporate interests above the laws of the Republic and the rights of the majority.
For these reasons, we ask members of the IAPA delegation that is visiting our country which
examine with care policies · public that we have outlined in Section I to add them to a balanced and comprehensive assessment on the situation of freedom of expression 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 for the majority (3.)
Listen to respect the opinion of the · many sectors 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, rights human, political parties and organizations, national universities, the 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 policies of the current Argentine government, mainly in regard to the Communication Services Act Audiovisual and the law to decriminalize defamation and libel for public affairs. Discuss
current allegations of · 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 their alarmist propaganda. Evaluate
irregularities outlined in · 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 governing the state guarantee fuller for the exercise of freedoms and rights of all citizens. About
then 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 succeeded and defend any price.
Dr. Juan Manuel Abal Medina
Secretary of Public Communications
NOTES:
(1) For more information, see: http://www.cidh.oas.org/basicos/basicos13.htm
(2) Indicators of Media Development. Approved by the Intergovernmental Council for the Development of Communication (IPDC) of UNESCO in 2008.
For more information see: http://unesdoc.unesco.org/images/0016/001631/163102s.pdf
(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 is a threat to those who have shared for years the markets for advertisers, readers, listeners and viewers. Chapter VIII, "Freedom of expression and right to information. Tensions and challenges regarding the democratization of the word, Luis Lozano, Human Rights in Argentina, Annual Report 2011, CELS, Siglo XXI Editores.
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