10.29.2013 12.02 PM
ruling

The Supreme Court declares the constitutionality of the Media Law

The Supreme Court of Justice declared today the constitutionality of the Audiovisual Communication Service Law.


The law was approved in 2009 by the Congress, but a preventative measure granted to Clarín had prevented the enforcement of its articles 45 and 161, which regulate the license transfer and the terms for the law's application.

Judges Ricardo Lorenzetti, Eugenio Zaffaroni, Enrique Petracchi and Elena Highton de Nolasco ruled in favor of the law; while, Carlos Maqueda and Carmen Argibay issued a “partial constitutionality” vote.

The only negative vote was of Carlos Fayt.

After four years since it has been passed, the Supreme Court declared the constitutionality of the Audiovisual Communication Service Law.

The articles challenged by the Clarín Group were: article 41, which establishes that the licences are non-transferable; two paragraphs of article 45 that limit the number of operating licences; article 48, which rules out the legal concept of “vested rights”, and article 161, which sets a one-year adaptation term for those companies whose holdings exceed the limits.