Adjustment To The Regulations Of the Media Law

Author:Mr Alberto Rivera and Sebastian Kaplan
Profession:Marval O'Farrell & Mairal
 
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The Argentine Supreme Court set the deadline for the effectiveness of the precautionary measure that protects Grupo Clarín from adjusting to the regulations of the Media Law. In its unanimous decision of May 22, 2012, the Argentine Supreme Court of Justice ratified the precautionary measure obtained by Grupo Clarín which suspended the adjustment obligation established under Section 161 of the Audiovisual Communication Services Law No. 26,522 (the "Media Law") and set the term of effectiveness of such measure until December 7, 2012.

Background

On December 7, 2009 Grupo Clarín obtained a precautionary measure suspending the application of Sections 41 (prohibition of transferring licenses) and 161 (adjustment obligation) of the Media Law (File No. 8836/09 "Grupo Clarín SA y otros s/Medidas cautelares" – Federal Civil and Commercial National Court No. 1, City of Buenos Aires, Judge Edmundo J. Carbone).

On May 13, 2010 the precautionary measure was confirmed by the Federal Civil and Commercial Court of Appeals of the City of Buenos Aires (the "Court of Appeals"), but only with respect to Section 161 of the Media Law.

On October 5, 2010 the Argentine Supreme Court rejected the extraordinary appeal filed by the Federal Government, confirming thus the validity of the precautionary measure of Grupo Clarín with respect to Section 161 of the Media Law. In its decision the Supreme Court considered it appropriate to establish a term of duration for the precautionary measure.

On November 9, 2010 the Judge Edmundo J. Carbone (who had originally granted the measure in favor of Grupo Clarín) rejected a request by the Federal Government to revoke the precautionary measure and to establish a term of duration for the same.

However, the Court of Appeals established a validity term of 36 months for the precautionary measure, counted as from the notification of the lawsuit (which took place on November 17, 2010, when the measure had been granted on December 7, 2009).

The Federal Government then lodged an extraordinary appeal, which denial motivated the filing of a complaint appeal before the Supreme Court requesting to revoke the precautionary measure obtained by Grupo Clarín.

The Supreme Court Decision. Application of Section 161

On May 22, 2012 the Argentine Supreme Court ruled in re "Recurso de hecho deducido por el Estado Nacional (Jefatura de Gabinete de Ministros) en la causa Grupo Clarín S.A. y otros s/medidas cautelares".

In an unanimous ruling, the...

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