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A r g e n t i n a 3.
BROADCAST LAWS AND THE CONTENT OF INFORMATION With respect to the electronic media, there is the Law of Radio
Broadcasting 22,285 of 1981, and its regulating decree.11 Its Article 5 disposes: ?The services of radio broadcasting
shall be directed toward the cultural enrichment and the moral elevation
of the people, as demanded by the formative and informative content
assigned to its broadcasts destined to exalt human dignity, the
strengthening of the respect for the institutions and the laws of
the Republic and the guarantee of the values inherent to the integrity
of the family, the preservation of the historical tradition of the
country and the precepts of Christian morality. The broadcasts for
recreational or entertainment purposes shall not compromise, neither
in form nor in content, the effective use of the stated purposes.
The content of the radio broadcasts, within the ethical sense and
the civic structure with which the messages are broadcast, must
avoid anything that can degrade the human condition, affect social
solidarity, undermine the feelings of patriotism and of being an
Argentine and harm the aesthetic value. The licensees must adjust
their actions to a Code of Ethics, which will serve as the instrument
of authority for its application in accordance with the regulations
of the current law.? 12 The content of the broadcasts is governed by that detailed
in its Article 14, which establishes: ?The content of radio broadcasts
will have a tendency to fulfill the following objectives: a) Contribute to the
common good, whether it deals with life and with the progress of
people or with the greater development of the community; b) Contribute to the
strengthening of the national unity, and of the faith and hope in
the destinies of the Argentine Nation; c) Contribute to the
enrichment of the culture and contribute to the education of the
people; d) Contribute to the
exercise of the natural right of man to communicate, subject to
the norms of democratic cohabitation; e) Encourage the responsible
participation of all the inhabitants and particularly of the Argentine
people in the attainment of the national goals; f) Contribute to the
development of the sentiments of international friendship and cooperation.?13 Article 16 expresses: ?The radio broadcasts must not disturb
in any way the intimacy of the people nor compromise their good
name and honor. It is forbidden to do any broadcasting that attempts
against the mental health or stability or moral integrity of those
to whom the messages are intended.?14 Article 17 states: ?In no case can there be broadcasting of
programs that are deemed forbidden to children under 18 by the competent
authorities. During the times of day when children must be protected
as determined by the regulations of this law, the broadcasts must
be apt for all public. Outside this schedule, the contents shall
safeguard the basic principles of this law. The programs especially
dedicated to children and youths should fit the requirements of
their rearing values.?15 Regarding freedom of information, Article 18 dictates that:
?The freedom of information shall have as its only limits those
which arise from the National Constitution and from this law. The
information should be true, objective and timely. In turn, treatment
of the information should be such that its content or its form of
expression avoids public commotion or collective uproar. The information
cannot attempt against national security or suggest the praise of
illegal activities or violence in any of its forms. The news related
to sordid, cruel or repulsive events must be treated with decorum
and sobriety within the limits designated as strict information.?16 It is also ordered that publicity announcements must observe
the proper norms of fair competition and must conform to the ethical
and aesthetic criteria established by the law, fundamentally that
which is inherent to family integrity and Christian morality.?17 The Federal Committee on Radio Broadcasting is the authority
in charge of applying the law of radio broadcasting, and can order
the immediate and preventive suspension of any program that, in
principle, constitutes a violation of the law or its regulations.
This measure cannot exceed 48 hours without it being validated by
a sound verdict. In this way it may be extended for a maximum period
of ten (10) days, without affecting the due course of the criminal
process in order to determine criminal responsibility.?18 There are other regulating norms such as Decree 859 of 1991
which details certain delineations of content very similar to those
expressed above.19
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