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Argentina: Will controversial media law help or hinder 30 years of democracy?

After four years of legal turmoil, the Supreme Court ruled that a media law aimed at reining in huge media players was constitutional.

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Natacha Pisarenko/AP
A bus with the pictures of Argentina's President Cristina Fernandez and Martin Sabbatella, head of the Federal Audiovisual Communication Services Authority (AFSCA), is parked in front the National Congress as people gather to celebrate the Supreme Court ruling that upheld the government-sponsored media law in Buenos Aires, Argentina, Tuesday, Oct. 29, 2013.

Thirty years ago today, following the fall of a brutal, seven-year military dictatorship, Argentines voted in general elections.

The democratic process has remained unbroken since, and last night many here celebrated a media law that they believe is pivotal to strengthening that democracy. Opponents, however, say it is a dangerous tool whose only function is to silence anti-government voices.

After four years of injunctions, appeals, and advertising campaigns that polarized opinion, Supreme Court judges ruled yesterday that a controversial 2009 media law was constitutional.

The ruling means Clar铆n 鈥 one of the biggest media conglomerates in Latin America, which vigorously fought the legislation 鈥 must finally adhere to the law, which limits the size of broadcast media companies and supersedes legislation from the dictatorship. 听

Clar铆n is an outspoken government critic, accused by President Cristina Fern谩ndez de Kirchner of lying, and it's now required to auction off many of its assets. Media companies, for instance, cannot own more than 24 broadcast licenses across Argentina. Clar铆n鈥檚 cable provider owns at least 158.

鈥淭his is a triumph for democracy, liberty, and pluralism,鈥 Mart铆n Sabbatella, who heads the government agency that is enforcing the law, said after yesterday鈥檚 ruling. The judges determined that 鈥渙n limiting market concentration,鈥 the law 鈥渇avors freedom of expression.鈥

Clar铆n disagrees. Its CEO has called the law an attack on the independent press and, subsequently, on freedom of expression. But during the Supreme Court hearing in August,听Clar铆n's听lawyers fumbled for an explanation when asked how free speech would be affected.

In a statement, the company implied that the true intention of the government was to control the media. It accused President Kirchner鈥檚 administration of 鈥渃olonizing鈥 80 percent of broadcast outlets through a number of strategies, including making them dependent on government advertising.

In their 392-page ruling, the judges warned against using government advertising as a means to 鈥渆liminate dissent and the pluralist debate of ideas.鈥

Kirchner 鈥 who was reelected with 54 percent of the vote in 2011, and held on to a slim majority in both congressional houses in midterm elections听on Sunday听鈥 has also been accused of ruling Argentina by decree and trying to influence the courts. (But she is not alone: the same accusations were aimed at Carlos Menem, who was president from 1989 to 1999.) Last year, Kirchner nationalized an oil听firm听by emergency decree and, in 2010, used the same method to fire the central bank president.

Some analysts say her government has moved towards a 鈥渃ompetitive authoritarianism,鈥 in which there are free and fair elections but abuse of other democratic processes and the media.

For Kirchner鈥檚 supporters, however, the constitutionality of the media law and the 30th anniversary of democracy are cause today for double celebration.

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