Judge María Romilda Servini declared the unconstitutionality of an article of the law on financing political parties that could directly impact the campaign: the obligation to give up 5% of the total time of programming for electoral purposes.
The resolution of these days of the judge with electoral competence was given by a precautionary proposal presented by América TV, from the Vila-Manzano group, against the Ministry of the Interior, in which it requested the unconstitutionality of the free transfer of programming for electoral purposes.
According to the last modification of 2019, “communication and subscription television services are obliged to give five percent (5%) of the total programming time for electoral purposes free of charge.” “Half will be transferred free of charge and the other half will be considered payment on account of national taxes”, details the current regulations.
For Servini, this payment on account recognizes a “economic damage” for the media.
“I understand that during electoral campaigns, when forced to give up spaces of their daily programming free of charge -those that would normally be granted to third parties, for consideration-, the licensee companies stop receiving a certain sum of money and this results in economic damage. In effect, the damage is not only affirmed by the plaintiffs but also indirectly recognized by the National State, when by reforming article 43 of Law 26,215 it is established that the original transfer of 10%, completely free, will be reduced to 5% and that, as of 2020, this percentage will decrease by fifty percent while the other half will be considered a disbursement by way of cancellation, on account of national taxes. With this new wording of article 43 of Law 26,215, the production of economic damage to the detriment of the broadcasting media licensees is implicitly recognized“wrote the judge.
Now, It is assumed that the State, through the Ministry of the Interior, will appeal the resolution judicial, which brings concern on the eve of the electoral campaign.
In the 26-page resolution, Servini clarified that “no party will be prevented from making their thoughts and proposals known because they cannot afford them“.” I consider that it is not the private companies that license radio and television spaces that should cover the expenses that the political propaganda of an election act causes, but that they should be borne by the State, to achieve balance between the competitors of the electoral contest, “the magistrate added.
And he delved into another aspect of the 2019 parliamentary modification linked to the difference between traditional television and radio and digital media, which are not covered by any of the current obligations. “There is an inequality that only the intervention of the State can avoid”, wrote Servini.
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source https://pledgetimes.com/judge-servini-declared-the-gratuitousness-of-electoral-advertising-in-the-media-unconstitutional/
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