ARGENTINA: Government approves Clarín’s break-up plans
Grupo Clarín, the most influential media organisation in Argentina, is to split into six separate businesses in order to comply with the 2009 media law. On 17 February, Martín Sabatella, the head of Argentina’s media regulator, Autoridad Federal de Servicios de Comunicación Audiovisual (AFSCA), approved the plan drawn up by the company to prevent a forced dismantling. Throughout its four-year battle with the government that ended up in the supreme court, Grupo Clarín has argued that the law was drafted in retaliation for critical coverage of the administration of President Cristina Fernández. Grupo Clarín owns the country’s top-selling daily newspaper and offers cable TV and Internet to more than 1m homes and businesses in 10 provinces.
The plan
Following the supreme court’s decision in October to approve the media law, which restricts ownership to no more than 35% of the market, Grupo Clarín proposed dividing its profitable cable-television business into three companies, two of which would contain TV and radio stations. The other three companies would offer a mix of broadcast, cable TV and radio stations around the country. Under the terms of AFSCA’s approval, the group now has 30 days to define the corporate structure of the new businesses, and then a further six months to implement the changes.
Sabatella, an ally of President Fernández, could not resist a note of triumphalism in his comments on the proposal. “All media groups, even the most powerful and damaging to democracy, have had to give in to the law,” he said. “Grupo Clarín finally gave up, because no giant can continue forever stepping on the heads of the rest, affecting society, the State and democracy.” Grupo Clarín responded by accusing the government of intolerance of the media outlets it does not control.
However, the government has not had it all its own way. The cabinet chief, Jorge Capitanich, reacted angrily to a supreme court decision last week which ruled that the government must air official adverts on Canal 13, a private TV station owned by Grupo Clarín. Capitanich accused the court of “protecting private interests” and of “attempting to violate the division of powers” by forcing the executive’s hand on the issue. In a bid to punish Clarín financially since 2009, the government has refused to place official ads with Grupo Clarín’s various media outlets.
Another large media group, Grupo Uno, and other smaller groups, also had their proposals approved on 17 February and they will have to carry them out under similar terms. AFSCA is yet to approve the plans presented by Telefé/Telefónica, Telecentro, and Prisa-Radio Continental.
- Supreme Court appeal
Though private negotiations are still underway, on 18 February the Argentine government filed a second appeal before the US supreme court on the case against the so-called ‘vulture funds’. Argentina is appealing a lower-court ruling that orders the state to pay hold-out bondholders US$1.3bn. Its first appeal was thrown out by the 2nd US circuit court of appeals in New York in November, which set the stage for the country to take its appeal to the highest authority. The supreme court will likely not decide whether to hear the case until later in the year.
While the government has expressed optimism regarding its chances, it continues to negotiate an out-of-court settlement with the hold-outs. If the US supreme court decides to review the case, it could take up to a year to reach a final verdict. However, the supreme court has refused to consider one appeal, against the pay-out ruling, and most observers think it unlikely it will ponder the second, about the manner in which Argentina settles its debts.
- The Uruguayan model
Argentina’s security minister, Sergio Berni, said on 17 February that he supports Uruguay’s approach to decriminalising cannabis. Speaking personally, Berni said he thought the production of marijuana, as well as its consumption, should be legalised. Berni’s comments follow a recent controversial statement made by the defence minister, Agustín Rossi, who said that Argentina has turned into a “drug-producing nation.”