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2008 Assessment

Argentina: Integrity Indicators Scorecard

Argentina: Integrity Scorecard Report > Sub-Category: Media
Indicators		Score
5	Are media and free speech protected?	100
6	Are citizens able to form print media entities?	88
7	Are citizens able to form broadcast (radio and TV) media entities?	25
8	Can citizens freely use the Internet?	75
9	Are the media able to report on corruption?	75
10	Are the media credible sources of information?	65
11	Are journalists safe when investigating corruption?	0

Indicator and sub-Indicator Details

Are media and free speech protected?

5a: In law, freedom of the media is guaranteed.

Score:

YES

Comments:

References: National Constitution (article 14) [ LINK ]

5b: In law, freedom of speech is guaranteed.

Score:

YES

Comments:

References: National Constitution (article 14) [ LINK ]

Are citizens able to form print media entities?

6a: In practice, the government does not create barriers to form a print media entity.

Score:

100

Comments: Although there are no legal barriers, in some cases the government uses official advertising to punish or award some print media entities. Sometimes, the government puts pressure on some companies, in order to make them advertise through certain media companies.

References: Interview, Mariel Fitz Patrick, Member of FOPEA (Foro de Periodismo Argentino, September 2008)

Peer Review Comments: One NGO in Buenos Aires (Fundacion para los derechos civiles) has documented how Kirchner, more than any president since the return to democracy, has used government advertising as a means of intimidating the independent media.

6b: In law, where a print media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments: No print licenses are necessary.

References: National Constitution (article 14) [ LINK ]

6c: In practice, where necessary, citizens can obtain a print media license within a reasonable time period.

Score:

100

Comments: No license is needed.

References: Interview, Mariel Fitz Patrick, Member of FOPEA (Foro de Periodismo Argentino, September 2008)

6d: In practice, where necessary, citizens can obtain a print media license at a reasonable cost.

Score:

100

Comments:

References: Interview, Mariel Fitz Patrick, Member of FOPEA (Foro de Periodismo Argentino, September 2008)

Are citizens able to form broadcast (radio and TV) media entities?

7a: In practice, the government does not create barriers to form a broadcast (radio and TV) media entity.

Score:

100

Comments: There are some barriers, established by the Broadcasting Law. On the other hand, in some cases, the COMFER (Comité Federal de Radiodifusión), responsible for giving licenses to broadcast media entities, acts with discretion.

References: Interview, Mariel Fitz Patrick, Member of FOPEA (Foro de Periodismo Argentino, September 2008) Law 22.285 (Broadcasting Law) [ LINK ]

7b: In law, where a broadcast (radio and TV) media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments: Although the administrative process established by decree 286/81 does not offer an appeal mechanism, the judicial process is guaranteed by the National Constitution.

References: Law 22.285 (Broadcasting Law) Decree 286/81, Chapter III, About Licenses [ LINK ]

7c: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license within a reasonable time period.

Score:

100

Comments:

References: Interview, Mariel Fitz Patrick, Member of FOPEA (Foro de periodismo argentino), September 2008.

7d: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license at a reasonable cost.

Score:

100

Comments: The problem is not the cost, but obtaining the legal licenses from the government.

References: Interview, Mariel Fitz Patrick, Member of FOPEA (Foro de periodismo argentino), September 2008.

Can citizens freely use the Internet?

8a: In practice, the government does not prevent citizens from accessing content published on-line.

Score:

100

Comments: In some cases, citizens can´t access "politically sensitive" information.

References: Interview, Mariel Fitz Patrick, Member of FOPEA (Foro de periodismo argentino), September 2008.

8b: In practice, the government does not censor citizens creating content on-line.

Score:

100

Comments:

References: Interview, Mariel Fitz Patrick, Member of FOPEA (Foro de periodismo argentino), September 2008.

Are the media able to report on corruption?

9a: In law, it is legal to report accurate news even if it damages the reputation of a public figure.

Score:

YES

Comments: Calumnies and damages are included in the Criminal Code, articles 109 to 117, for those cases in which the information published is not accurate.

References: National Constitution (article 14) Criminal Code (articles 109-117) [ LINK ]

9b: In practice, the government or media owners/distribution groups do not encourage self-censorship of corruption-related stories.

Score:

100

Comments: There are some informal restrictions posed by the government, such as phone calls to media company members, in order to "stop" the publication of some information that may affect the government's image. In other cases, the government pressures media companies through the discretional distribution of official advertising, which often represents an important financing source for many media companies. Self-censorship exists as well, when media companies do not publish information that may affect their economic interests or relations with certain companies.

References: Interview, Mariel Fitz Patrick, Member of FOPEA (Foro de periodismo argentino), September 2008.

9c: In practice, there is no prior government restraint (pre-publication censoring) on publishing corruption-related stories.

Score:

100

Comments: There is no pre-publication censoring, but in some cases there are phone calls or verbal threats in order to stop the publication of information that may affect the government´s public image. In other cases, the government puts pressure on some journalists by denying them access to some information or by preferentially distributing official advertising.

References: Interview, Mariel Fitz Patrick, Member of FOPEA (Foro de periodismo argentino), September 2008.

Are the media credible sources of information?

10a: In law, print media companies are required to publicly disclose their ownership.

Score:

YES

Comments:

References: Law 19.550 (Commercial Societies Law) [ LINK ]

10b: In law, broadcast (radio and TV) media companies are required to publicly disclose their ownership.

Score:

YES

Comments:

References: Law 19.550 (Commercial Societies Law) [ LINK ]

10c: In practice, journalists and editors adhere to strict, professional practices in their reporting.

Score:

100

Comments: In some cases, journalists and editors "sell" their coverage, in exchange for favors, gifts or money.

References: Interview, Mariel Fitz Patrick, Member of FOPEA (Foro de periodismo argentino), September 2008.

10d: In practice, during the most recent election, political parties or independent candidates received fair media coverage.

Score:

100

Comments: in general, media companies focus their coverage according to their political or economic interests.

References: Interview, Mariel Fitz Patrick, Member of FOPEA (Foro de periodismo argentino), September 2008.

10e: In practice, political parties and candidates have equitable access to state-owned media outlets.

Score:

100

Comments: In practice, independent candidates or parties did not have an equitable access to state-owned media outlets. Those candidates supported by citizens -- as revealed in opinion polls -- had access to state-owned media outlets, but not in an equitable way, compared to the "official" candidates.

References: Interview, Mariel Fitz Patrick, Member of FOPEA (Foro de periodismo argentino), September 2008;

Poder Ciudadano Foundation [ LINK ]

Are journalists safe when investigating corruption?

11a: In practice, in the past year, no journalists investigating corruption have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no journalists imprisoned related to work covering corruption during the study period. A YES score is positive. NO: A NO score is earned if any journalist was jailed because of his/her work covering corruption during the study period. The causal relationship between the official charges and the journalist\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the journalist was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: There were many cases in which journalists have been convicted while covering corruption cases. Many of theses cases happened in Argentinean provinces. For example, a journalist of Salta was imprisoned after accusing the local governor of corruption (embezzlement and irregularities in the use of electoral funds.)

References: [ LINK ] [ LINK ] [ LINK ] [ LINK ]

11b: In practice, in the past year, no journalists investigating corruption have been physically harmed.

Score:

YES

Comments: Accoring to FOPEA (Argentine Journalism Forum) and ADEPA Argentine Journalist entities Association), many cases have been documented in the past months. Most of them happened in Argentine provinces, or municipalities, where journalists are more exposed to political pressures or where local governments have a greater control over media. One such case involved a journalist from La Pampa, who was physically harmed for having investigated and denounced the relation between local politicians and drug trafficking.

References: [ LINK ] Interview Mariel Fitz Patrick, Foro Argentino de Periodistas.

11c: In practice, in the past year, no journalists investigating corruption have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of journalists being killed because of their work covering corruption-related issues during the study period. A YES score is positive. NO: A NO score is earned if there were any documented cases where a journalist was killed in relation to his or her work covering corruption-related issues in the study period. The relationship between a mysterious death and an individual\'s work may not be clear, however the burden of proof here is low. If it is a reasonable guess that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: Juan Carlos Zambrano was killed in the Province of Jujuy after suffering several threats. He was going to sue a local legislator due to defamation.

References: [ LINK ] [ LINK ] [ LINK ]