The appellant alleged that Article 45 of the Broadcasting Law (Ley de .. Por lo que el párrafo primero del Art. 45 de la ley y las normas dictadas en su. , Spanish, Book edition: Radiodifusión: marco regulatorio: Ley nacional de radiodifusión 22,, Decreto reglamentario /81 / [Claudio] Schifer. (Law of , InfoLEG, available at (Gustavo Ybarra, El kirchnerismo logró aprobar en general la nueva ley de medios, DIARIO LA.
|Published (Last):||4 May 2010|
|PDF File Size:||6.62 Mb|
|ePub File Size:||14.97 Mb|
|Price:||Free* [*Free Regsitration Required]|
When such a message is delivered, all Argentine television stations must cease all programming to allow for the broadcasting of the message.
Articles with Spanish-language external links Interlanguage link template link number Articles containing video clips. In Januarythe ceremony to mark the start of the new president’s term was carried as a cadena nacional and ran five hours. By lry theoretical tools from Argumentative Discourse Analysis, we intend to evidence the discursive strategies displayed in the text in order to become a legitimate speaker, given its lack of the necessary pre-discursive ethos.
In this case, the law of bank secrecy stated in Article of the Commercial Code is also applicable. This right includes freedom to seek, receive, and impart ,ey and ideas of all kinds, 2225 of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one’s choice. The law that defined 22825 was derogated in after the constitutional court ruled that they were illegal, violated the right of citizens to “inform and be informed”, and also 2228 the public in “informational captivity”.
Regarding issue a it is important to note that given that the funds of the parties whether they have a public or private source are, by constitutional mandate Article 96, paragraph 3 of the National Constitution subject to the principles of publicity and transparency, the number of current accounts, 222285 movement and balance in the commercial banks of the state, private banks or any financial entity are of public interest, and therefore, can be accessed by any person.
Cadenas nacionales are obligatory for all television and radio stations, and are used to broadcast presidential reports and messages of national interest. Notwithstanding the provisions of paragraph 2 above, public entertainments may be subject by law to prior censorship for the sole purpose of regulating lsy to them for the moral protection of childhood and adolescence. Criminal defamation and public officials. The selection has been somewhat arbitrary, both for reasons of space and for lack of sufficient information.
In several Latin American countries, a cadena nacional “national network”, also referred to as a cadena oficial or red voluntaria is a joint broadcast, over various media usually radio and televisiondirected at the general population of a state.
This principle allows only exceptional limitations that must be previously be established by ,ey in case of a real and imminent danger that threatens national security in democratic societies. Therefore, the first paragraph of Article 45 of Law 2285.
Regarding the request for information posed by the complainant, and in order to avoid confusion, it is necessary to point out that it presents two aspects that demand a differentiated solution, namely: The organization of this section takes account, as it must, of the standards arising from interpretation of Article 13 of the Convention, which declares that:.
Decision of May 2, Sergio Israel Dublinsky, a journalist for the periodical publication Brecha was admitted. This page was last edited on 15 Novemberat The participation of a mutual association in a bidding process with the aim of acquiring a broadcasting license, if it is selected from amongst the bidders, promotes the diversity of opinions which defines a democratic society, and constitutes a true balance to economic groups.
Court of Appeals of Santiago de Chile. This is why the limitation imposed by the challenged legal provisions is unjustified and constitutes a clear violation of the right to freedom of association, as it imposes the end for which people will legally associate, without there being a sufficient justification for sustaining an imposition which prevents certain non-profit organizations from conducting an activity which is in essence of a cultural nature.
This article specifies that the executive branch of the national ,ey or of provincial governments may, in exceptional circumstances, use all of the broadcast stations in a state. According to the legal framework that governs broadcasting, in order to apply for a legal authorization to provide a broadcasting lye with frequency modulation, it is required that the applicant is a physical person or a commercial corporation that is legally constituted, which excludes civil associations, cooperatives, and mutual leyy non-profit associations.
Fourthly, that while this right does not protect libel or other defamation offenses, nor falsity, lies or mistakes when they are a consequence of a careless disregard for the truth, it does protect the press when the information portrayed refers to public matters or public officials, even if the news contains inexact information, as long as its author believes the information to be true and had, in good faith and without malice, aimed at disclosing information of public interest.
Texto completo de la Ley Nº 22.285, de Radiodifusión
Initially conceived as a form of emergency population warningthese broadcasts are often of a political nature, as most of them are messages by governmental authorities about various topics of general interest. Emergency population warning systems Spanish-language television.
Any propaganda for war and any advocacy of national, racial, or religious hatred that constitute incitements to lawless violence or to any other similar action against any person or group of persons on any grounds including those of race, color, religion, language, or national origin shall be considered as offenses punishable by law.
InPresident Rafael Correa ordered Ecuador’s television stations to broadcast cadenas nacionales over the course of the year, the highest such figure in the region and 92 more than Venezuela in the same year. The Appeals Court of Santiago de Chile rejected the appeal on the grounds that its admittance would have amounted to prior censorship, banned by Article 13 of the Inter-American Convention on Human Rights.
LA “LEGITIMIDAD” DEL ENUNCIADOR JURÍDICO EN LA LEY DE RADIODIFUSIÓN ARGENTINA (/80)
On one occasion, television stations were forced to broadcast a minute-long musical performance contained within a cadena nacional. Likewise, Honduran media resisted an attempt by the government of Manuel Zelaya to institute cadenas nacionales in that country, noting that “in 2228 past the cadena nacional was constantly used, mainly by de facto governments, without satisfactory results”.
The use of enthymemes, which appeal to the belief’s knowledge and the norm’s authority, does not manage to hide the controlling purposes over communications and assures the endurance of this law, still in force after several decades of constitutional governments.
The first law permitting cadenas nacionales in Ecuador was passed in during the regime of Gen. States have the obligation to guarantee the full exercise of this right. It lacks the legitimacy that should come from the production site, since it wasn’t promulgated by any democratic institution.
The author, and, in some cases, the printer or transmitter of the statement will be responsible for the abuses they commit. The constitutional provision is in perfect agreement with international human rights norms which guarantee the right to freedom of expression.
Texto completo de la Ley Nº , de Radiodifusión | El Cronista
Fifth, the superior status of the right to freedom of expression in relation to the other rights will be maintained as long as a the information derived from it is “useful” to a democratic society, and b there is an objective ground which leads the informer to believe that the information is true, even when it is later found to be false.
After the preliminary hearings were held, the issue was left to be decided by the Court of First Instance of Montevideo. Depending on the country, the characteristics of cadenas nacionales vary.