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A r g e n t i n a 1.
CONSTITUTIONAL FRAMEWORK The following are the most relevant references in the National
Constitution of 19941 on the issue of the press
and related subjects: Article 14: ?All the inhabitants of the Nation enjoy the following
rights according to the laws that regulate them; that is, to work
and practice any lawful skill; to navigate and to trade; to petition
the authorities; to enter, remain in, travel throughout and leave
the Argentine territory; to publish their ideas via the press without
prior censorship; to use and dispose of their property; to create
partnerships with useful objectives; to practice religion freely;
to teach and learn.? 2 Article 32: ?The Federal Congress shall make no laws that restrict
the freedom of press or that establish any federal jurisdiction
over it.? 3 Article 42: ?In matters of consumption of goods and services,
consumers have the right to the protection of health, safety and
economic interests; to adequate and truthful information; to the
freedom of choice, and to a fair and dignified treatment.? 4 Article 43, paragraph 3: ?All persons can file action5 to obtain
knowledge of the information referring to them and of its purpose
that is recorded in public registries or data banks, or private
records for reporting purposes, and in the case of falsehood or
discrimination, to demand its suppression, correction, confidentiality
or update. The secret of the journalistic sources of information
cannot be affected.? 6 Article 68: ?None of the members of Congress can be accused,
judicially interrogated nor annoyed due to the opinions or speeches
made in the performance of their legislative mandate.? 7 There are other dispositions that also have a bearing on the
exercise of this basic freedom, such as: Article 1: ?The Nation adopts a representative, republican
and federal form of government, as established by the present Constitution.?8 Article 23: ?In case of internal commotion or external attack
that jeopardizes the exercise of this Constitution and the authorities
it has created, a state of siege shall be declared in the province
or territory where the disturbance of order is taking place, suspending
the constitutional guarantees. During the suspension, the President
of the Republic shall not judge or convict any person. His power
shall be limited in such a case to their arrest or transfer from
one location to another in the nation, if they choose not to leave
the Argentine territory.? 9 Article 33: ?The declarations, rights and guarantees enumerated
by the Constitution shall not be understood as a denial of other
rights and guarantees not enumerated, but which originate from the
principle of the sovereignty of the people and of the republican
form of government.? 10
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