The Liberty of Expression and Democracy Foundation (Fundación LED) is a private, non-profit organization dedicated to monitoring freedom of speech in Argentina as well as topics related to access to public information and the protection of individual rights within the context of freedom of expression and thought.
Through this communication we want to send you the statements from our Foundation in relation to the decision of the Supreme Court of Justice of the Nation of the Argentine Republic, which limits the term of a precautionary measure on the divestment clause provided in Section 161 of the Law of Audiovisual Communication Service N° 26,522.
Position of LED Foundation before the Supreme Court of Justice of the Argentine Nation finding
LED Foundation wants to lay down its position in view of the Supreme Court of Justice of the Nation resolution, which has established a term for completion of the precautionary measure that kept suspended the validity of Section 161 of Law 26,522 for the plaintiffs.
First, and, as in a rule of law, all the parts must totally comply with the resolutions adopted by justice.
In this regard, it is important to emphasize that the Supreme Court has instructed the court in charge of the cause to resolve its legal merits, that is, the constitutionality or not of the law, with the greatest possible speed.
The suspicion that the unconstitutionality of the divestment clause is an element that must be settled a priori of execution. Once this point is resolved, the federal authorities will have to apply the law and its deadlines established, in an impartial way to all the media licensees that should fit to the new multiplicity of licenses regime, thus, guaranteeing the law does not became a tool of rights restrictions.
LED Foundation will carefully follow the resolution process of the judicial dispute, and once resolved, it will continue with its task of monitoring in order to ensure the unrestricted enforcement of rights and liberties enshrined in our Constitution.