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A r g e n t i n a End
Notes 1 The current
text of the National Constitution of the Republic of Argentina is
the one approved in 1853 with the reforms of 1860, 1866, 1898, 1957
and 1994. See ZARINI, Helio Juan, ?The Argentine Constitution, commented
and reconciled,? First Reprint, Editorial Astrea, p. 11, 1998. 2 National
Constitution, Article 14. 3 Ibid. Article
32. 4 Ibid. Article
42. 5 This refers
to the action of judicial protection expressed in the first clause
of Article 43 of the National Constitution. It also refers to Habeas
Data. 6 National
Constitution, Article 43. 7 Ibid. Article
68. This constitutional disposition establishes a protection to
the expression of the members of Congress. 8 Ibid. Article
1. For a better explanation as to how the freedom of press is constituted
in its basic representative and republican form, see BADENI, Gregorio,
?Freedom of the Press,? Editorial Abeledo-Perrot, page 100, 1997. 9 Article
23 of the National Constitution. See the controversy in the book
by BADENI, Supra 8, in connection with whether the powers of the
State of Siege are in effect with respect to other fundamental guarantees
other than Habeas Corpus. It appears that the jurisprudence of the
Supreme Court of Justice of the Nation has established that, during
the time that the state of siege is in effect, it is possible to
suspend all liberties and guarantees regarding freedom of the press,
without harm to the constitutional control of each restrictive act
as a function of its reasonability. 10 Ibid. Article
33. 11 Decree 286
of February 18, 1981, by which Law 22,285 of 1981 was approved,
and modifying Decree 859 of 1991. 12 Law No.
22,285 published in the Official Bulletin of September 19, 1980,
page 3. 13 Ibid. Article
14. 14 Ibid. Article
16. 15 Ibid. Article
17. 16 Ibid. Article
18. 17 Ibid. Article
22. 18 Ibid. Articles
89 and 92. According to the indications in Article 95 letter h)
of the same law, said Committee has among its functions the supervision
of the programming and content of broadcasts. 19 In effect,
the regulating decrees dictate norms of content when establishing
that radio broadcasting must give its programs and messages a sense
of general interest; must respect the symbols, national heroes and
national and international institutions, the people, the facts and
the ideas that are the object of commentary or criticism; emphasize
the ties of family unity and its importance as the basic cell of
Christian society; abstain from any expression, scene, image and
obscene gesture of ambiguous sense or of immoral character, etc. 20 See BADENI,
Supra, page 110. See ZARINI, Supra, page 135. 21 Official
Bulletin No. 25,800, page 2, November 7, 1985. 22 Article
109 of the Penal Code, text ordered in 1984, modified by Laws 23,468,
23,487, 23,588, 24,194, 24,270, 24,286, 24,316, 24,410, 24,441,
24,453, 24,454, and 24,660 and other complementary laws. See ?Penal
Code of the Argentine Nation and Complementary Laws,? A-Z Editora,
1998, Buenos Aires. 23 Article
110 of the Penal Code. 24 Ibid. Article
111. 25 Ibid. Article
112 26 Ibid. Article
113. 27 Ibid. Article
114. 28 Ibid. Article
115. 29 Ibid. Article
116. 30 Ibid. Article
117. 31 Ibid. Articles
59 numeral 4 and 73 numeral 1. 32 Criminal
Procedure Code approved via Law 23,984 of 1991, Articles 415-431. 33 Ibid. Article
161. 34 Ibid. Article
213. 35 Ibid. Article
128. 36 Law 23,592,
Article 2, published in the Official Bulletin, September 5, 1988. 37 Civil Code
of the Republic of Argentina, Article 1089. See the ?Civil Code
of the Republic of Argentina and Complementary Legislation,? 38th
Edition, Abeledo-Perrot, 1998, Buenos Aires. 38 Civil Code,
Article 1090. 39 Ibid. Article
1096. 40 Ibid. Article
1099. 41 Ibid. Article
1071. 42 Ibid. Article
1071 bis. 43 See Supra
footnote No. 9. 44 National
Constitution, Article 17. 45 See Supra
footnote No.9, Article 28 46 Ibid. Article
29 47 Ibid. Article
79 48 Law 11,723
of September 28, 1933, ?Intellectual Property Regulations,? Article
30. 49 National
Constitution Article 20. 50 See Supra
footnote on page 13. 51 Ibid.
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