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Showdown looms between Argentina's Kirchner and her biggest media critic

Argentina implements a media law on Dec. 7 that President Kirchner says encourages a plurality of voices and opponents like Grupo Clarín call an assault on free speech and democracy.

By Correspondent / December 5, 2012

Clarín Editor Ricardo Kirschbaum (r.) speaks with Clarin spokesperson Martin Etchevers during a news conference with foreign correspondents in Buenos Aires, Argentina, Oct. 30. Grupo Clarín executives said they have no intention of submitting plans to dismantle the company ahead of a Dec. 7 deadline announced by the Argentine government, but are instead focused on persuading the courts that Argentina's anti-monopoly law is unconstitutional.

Victor R. Caivano/AP

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Buenos Aires

President Cristina Fernández de Kirchner’s battle with the press is set to intensify this week as Argentina implements a polemic media law that her administration says encourages a plurality of voices and that opponents call an assault on free speech and democracy.

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The country’s biggest media conglomerate, Grupo Clarín, has until Friday to tell the government how it will divest itself of assets under a 2009 antimonopoly ruling.

Clarín, once an ally of President Kirchner and her late husband and predecessor, Néstor, is now openly opposed to the government. The group owns Argentina’s best-selling newspaper, and controls 59 and 42 percent of the cable TV and radio markets, respectively, according to AFSCA, the body enforcing the law.

The government says the other 20 media companies required to divest are complying with the law, but Clarín, the group most affected, argues it is being deliberately targeted as Kirchner seeks to suppress criticism of her administration. It also claims the law is unconstitutional, something the judiciary has yet to rule on.

This Friday’s deadline falls days before the anniversary of Argentina’s 1983 return to democracy after a seven-year dictatorship. As the country prepares to celebrate, some fear the media law could lead to a deficit of independent reporting: Clarín is one of the few news organizations not reliant on the government via advertising subsidies.

“There’s no freedom of expression without an independent press,” said Héctor Magnetto, Clarín’s CEO. “If one is weakened, both could be at risk.”

‘Right to be heard’

This isn’t the first time Clarín and a president have clashed. Numerous bills to regulate the media were introduced in the 1980s and 1990s, but Clarín always played a part in blocking their approval, says Glenn Postolksi, who helped draw up the guidelines on which the current law is based.

Passed in 2009, the legislation supersedes a law from the dictatorship, and is designed to increase the range of voices in TV and radio. No one media group can control more than 35 percent of the market, while not-for-profit organizations will see their share increased to around a third.

“We also have the right to be heard,” says Armando Kispe, a presenter at Radio Pachakuti, a station founded last year for the indigenous communities of Jujuy in northern Argentina. “It would have been very difficult to have established the radio without the law,” Mr. Kispe says, noting it does not rely on public advertising.

A government publicity campaign hails Dec. 7 as a victory for “democracy, diversity, and liberty.” And many Argentines see the media law as an important tool to widen freedom of expression.

“A lot of people here are prisoners of a singular voice,” says Walter Rodas, a retiree from the northern Chaco Province, referring to Clarín’s majority share of the media market. “But now we’ll have true diversity – and that’s for the good of society.”

Critics, though, see the law as less about moving toward democratization of the media and more a blatant attempt to stultify and silence the administration’s adversary, Clarín.

“Clarín will be hugely affected economically,” says former federal communications secretary Henoch Aguiar, who predicts the group stands to lose an initial $1 billion from reduced subscriptions.

Clarín is required to sell the majority of its cable broadcasting licenses. The group has 237 in cities and towns across Argentina, according to AFSCA, but is allowed just 24 under the law. It will also have to sell eight of the nine cable television channels the government says it owns.

History of friendship…and rivalry

Clarín and the Kirchners have not always knocked heads. Néstor Kirchner, who was close to Mr. Magnetto, renewed the group’s broadcast licenses for 10 years in 2005 and later approved its acquisition of cable company Cablevisión. But relations collapsed in 2008 when Clarín backed farmers in a row over export taxes.

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