The appellant alleged that Article 45 of the Broadcasting Law (Ley de .. Por lo que el párrafo primero del Art. 45 de la ley y las normas dictadas en su. , Spanish, Book edition: Radiodifusión: marco regulatorio: Ley nacional de radiodifusión 22,, Decreto reglamentario /81 / [Claudio] Schifer. (Law of , InfoLEG, available at (Gustavo Ybarra, El kirchnerismo logró aprobar en general la nueva ley de medios, DIARIO LA.
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According to these provisions, only the applicants for a legal concession to provide a station of sound broadcasting with frequency modulation who are a “physical person or commercial corporation which is legally constituted” are eligible for such concession, excluding therefore civil corporations, cooperatives, and mutual associations.
Any propaganda for war and any advocacy of national, racial, or religious hatred that constitute incitements to lawless violence or to any other similar action against any person or group of persons on any grounds including those of race, color, religion, language, or national origin shall be considered as offenses punishable by law. From Wikipedia, the free encyclopedia.
The information requested by the Representative included the following: Sergio Israel Dublinsky, a journalist for the periodical publication Brecha was admitted. The alleged violation was founded on the provision of Article 19 No.
La “Legitimidad” Del Enunciador Juridico en la Ley de Radiodifusion Argentina (22285/80) (Report)
Sixth and last, and summarizing the foregoing conclusions, if an informer has legitimately exercised his right to freedom of expression, the conclusion that a violation to the right to the protection of honor has been committed cannot be validly reached.
Therefore, if the appeal were admitted and the subsequent exhibitions of the piece which has given rise to it prohibited, this Court would incur in a form of prior censorship, which is forbidden to this Court.
This principle allows only exceptional limitations that must be previously be established by law in case of a real and imminent danger that threatens national security in democratic societies. The use of enthymemes, which appeal to the belief’s knowledge and the norm’s authority, does not manage to hide the controlling purposes over communications and assures the endurance of this law, still in force after several decades of constitutional governments.
Decision of May 2, In conclusion, and in light of the foregoing, the right to the protection of the honor of the plaintiff has not been violated, as we understand that the journalist, Mr. The exercise of the right provided for in the foregoing paragraph shall not be subject to prior censorship but shall be subject to subsequent imposition of liability, which shall be expressly established by law to the extent necessary to ensure:. Emergency population warning systems Spanish-language television.
Regarding issue a it is important to note that given that the funds of the parties whether they have a public or private source are, by constitutional mandate Article 96, paragraph 3 of the National Constitution subject to the principles of publicity and transparency, the number of current accounts, their movement and balance in the commercial banks of the state, private banks or any financial entity are of public interest, and therefore, can be accessed by any person.
The right of expression may not be restricted by indirect methods or means, such as the abuse of government or private controls over newsprint, radio broadcasting frequencies, or equipment used in the dissemination of information, or by any other means tending to impede the communication and circulation of ideas and opinions. One type of cadena nacional is obligatory for all television stations according to the electoral law, the franja electoral or simultaneous transmission of campaign material from the major political parties; this is the only time election campaign ads are broadcast on television.
The Appeals Court of Santiago de Chile rejected the appeal on the grounds that its admittance would have amounted to prior censorship, banned by Article 13 of the Inter-American Convention on Human Rights. Sergio Israel Dubinsky, has legitimately exercised his right to inform.
Case of April 16, Restrictions to the free circulation of ideas and opinions, as well as the arbitrary imposition of information and the imposition of obstacles to the lej flow of information violate the right to freedom of expression”.
The prior law was replaced in Retrieved from ” https: Criminal defamation and public officials. The participation of a mutual association in a bidding process with the aim of acquiring a broadcasting license, if leh is selected from amongst the bidders, promotes the diversity of opinions which defines a democratic society, and constitutes a true balance to economic groups.
Several conclusions can be derived from the opinions and case law mentioned, which the interpreter must keep in mind in order to arrive to a fair solution 222285 the very delicate issue at hand.
Cadenas nacionales are obligatory for all television and radio stations, and are used to broadcast presidential reports and messages of national interest. The law that defined cadenas was derogated in after the constitutional 2225 ruled that they were illegal, violated the right of citizens to “inform and be informed”, and also kept the public in “informational captivity”.
LA “LEGITIMIDAD” DEL ENUNCIADOR JURÍDICO EN LA LEY DE RADIODIFUSIÓN ARGENTINA (/80)
Firstly, that the general but naturally, not absolute principle to be kept in mind is that the right to freedom of expression, given its crucial role in promoting public debate and its 2225 to democratic leyy and institutions, when exercised legitimately, is regarded in the national and international arenas as possessing an “extremely high value” which places it in a higher rank in relation to the other civil rights.
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From to Maythere have been cadenas nacionales in Argentina, including 17 in the first five lry of Article 11 of the Convention further recognizes the protection of the right to privacy and dignity, stating that: After the preliminary hearings were held, the issue was left to be decided by the Court of First Instance of Montevideo. Declaration of Principles on Freedom of Expression.
Consequently, if it is considered that the presentation of the theatrical work in question could entail the applicability of Article In this report, the categories selected are: Since Chile’s return to democracy inmost cadenas nacionales have been voluntary in nature, but in the government of Augusto Pinochet and his predecessors, stations were obliged to carry these messages.
Secondly, that given its superior status, any restriction to this right must necessarily be ely to a minimum, and any interference must always be linked to the legitimate needs of a democratic society. The selection has been somewhat arbitrary, both for reasons of space and for lack of sufficient information.
Therefore, the first paragraph of Article 45 of Law No. Regarding the request for information posed by the complainant, and in order to avoid confusion, it is necessary to point out that it ely two aspects that demand a differentiated solution, namely: Radio stations also le La Hora Nacionalan hour-long radio program aired on Sunday nights, as part of this requirement.