ARGENTINA
The press
is slowly recovering from the major crisis that caused an alarming drop in circulation
and paid advertising, and devaluation that drove costs sharply higher. Additionally,
the administrations that have governed the country since 2001 adopted measures
that not only did nothing to alleviate these problems, but instead imposed ever
more severe conditions and increased the already-crushing tax burden.
Unfortunately,
urgently-needed solutions to these problems are nowhere on the horizon, mainly
because of the utter absence of any sort of dialogue with the national government,
as was recently reported by the Argentine press. The closed-mindedness of President
Néstor Kirchner’s administration is such that one document warned
of “absolute official deafness” to complaints and criticisms related
to the full exercise of freedom of the press.
At the time
of the meeting in Los Cabos, there were no reports of pressure against the media
or individual journalists, except for a few articles in Noticias magazine about
the government pressuring journalists. Then a detailed report was released,
based on a private audit of government advertising, showing that the government
placed more paid advertising space in certain media outlets with the aim of
inducing softer or completely non-critical coverage of the Administration.
In the time
that has elapsed since then, we feel that the situation has become tenser than
usual. There is talk in journalistic circles of excessive zealousness by members
of the administration of President Néstor Kirchner regarding what the
media broadcast or publish. Although no concrete complaints have been filed,
this is becoming a frequent topic of conversation in private, and even in some
conference settings.
Unfettered
access to public information is being debated in the Senate, where a variety
of bills are now under consideration in several committees. Senator Cristina
Fernández de Kirchner —the President’s wife— chairs
the Committee on Constitutional Affairs, and has invited the Inter-American
Press Association to make its views known.
In a meeting
between senators and representatives of the Argentine media, certain legislators
let slip some comments about the press that verged on defamatory and had to
be responded to quickly and energetically. Also noteworthy is the case of La
Voz del Interior of Cordoba, which had to appeal to the local courts in order
to get access to official information about the quality of the local drinking
water.
Matters
of this sort are the focal point of discussion for Argentine journalists. The
Argentine Journalism Forum organized a seminar and debate attended by the Secretary
of the Cabinet, Alberto Fernández, and U.S. Ambassador Lino Gutiérrez,
where journalists called for detailed clarification of upcoming changes to the
government’s plans. For his part, Fernández complained about the
“misuse” of a decree establishing access to government information
and he even defended the unexplained expenditure of huge amounts of money from
the financial reserves.
Argentine
journalists have expressed open disagreement with some senators who want to
broaden the right to access journalists’ data banks and confidential sources,
or to information pertaining to the organization and internal workings of the
news media.
Río
Negro newspaper came under assault on several fronts at the instigation of the
government of Neuquén Province, in reprisal for the newspaper’s
editorial policies. These included legal problems; problems gaining access to
information; and a discriminatory reduction of paid advertising.
One of the
legal assaults was launched by Neuquén’s Minister of Security and
Labor, Luis Manganaro, who tried to force the newspaper to reveal its sources
of information for reports it had published that involved him. This ignored
the right to confidentiality of news sources included in Article 43 of the Argentine
Constitution. Eventually, the court shelved the complaint.
On the legal
front, we deeply regret the decision to reduce the prison sentences of the convicted
murderers of news photographer José Luis Cabezas, who was slain in the
resort town Pinamar on January 25, 1997.
Journalists
and broad sectors of society have made known their profound repudiation of this
appeals court decision —a decision that caused a widespread sense of injustice
and impunity.
The Supreme
Court ordered Clarín newspaper to pay damages to a married couple it
had linked to the sale of babies in several reports published in 1995. Even
though the newspaper itself had published a correction the day after the first
report appeared, the Court upheld a lower-court ruling. The highest tribunal
held that use of a conditional tense was not in itself sufficient to excuse
the newspaper from liability.
On October 8, 2003, a lower court judge in Río Gallegos, Rosa Núñez,
ordered the publishers of Tiempo Sur and El Ciudadano newspapers to pay a fine
for violation of Articles 1 and 2 of Federal Law 20,056. The newspapers had
carried reports and editorials about a street fight that left one young man
gravely wounded, and indicated that investigations of the event were pointing
towards police abuse.
The courts
in Córdoba ruled in favor of the newspaper La Voz del Interior in its
demand for access to the minutes of the board meetings of the public utilities
regulatory agency ERSEP, as part of the newspaper’s investigation into
possible contamination of the local drinking water supply. Civil court Judge
Raquel Villagra invoked Law 8,803 governing access to public information and
ordered the regulatory agency to pay all court costs.
Journalist
and businessman Héctor Ricardo García, founder and owner of the
Buenos Aires newspaper Crónica, was remanded to custody on charges of
alleged tax evasion. National organizations and the IAPA called for respect
of due process and asked that any legal proceedings not interfere with the normal
functioning of García’s media holdings.
In San Luis province, a “printing act” was passed that, had it been
enforced, would have meant a serious setback for freedom of the press. This
law prohibited minors from engaging in news photography, and it restricted the
right of reply to public officials. At the same time, it established a law on
press crimes prohibited by the Constitution and rejected in case law. Both chambers
of the provincial legislature voted on June 23 to repeal the law.
A broadcast
of the news program “Telefe Noticias” from San Luis was interrupted
on March 10, while the program was reporting on a broad-based protest march
against the provincial government’s education policies.
During this
period, attacks and threats against journalists included acts of assault against
Daniel Tognetti and Miriam Lewin from the television news program “Punto
doc”; Gustavo Malem, editor of the Infobae newspaper supplement Infocampo;
news photographer Rolando Díaz from the Salta newspaper Nuevo Diario;
Mariano Martínez, a news photographer for the newspaper El Sol in Quilmes;
Gustavo Corvalán, of El Liberal in Santiago del Estero; José María
Delloro, a news photographer with the Télam agency; and Marcos Barroca
and Sandra Borghi, of TN.