Lawyer Andrés Gil Domínguez made a request for access to public information to know what measures the Executive Branch will adopt in relation to the parties of the Argentine national team in the Copa América, which since the inauguration of Javier Miley They will stop being broadcast on Public TV, through which they could be seen throughout the national territory. The antecedent of law 25,342, which was issued based on a judicial action filed by the lawyer in 2000 against the company Multicanal, with the context of the qualifiers for the 2002 Korea-Japan World Cup.
After the National Government decided that the Albiceleste team’s matches in the continental competition would be televised on paid service channels and without a wide reach throughout the country (Telefé, Tyc Sports and DSports), Gil Domínguez requested information from the head of Cabinet to find out how the transmission of the meetings will be guaranteed.
“Law 25,342 is a primary guarantee of the right of collective impact in general indivisible (art. 43 CA) that integrates the social sphere (CSJN case “Halabi”) to enjoy live, direct and free of charge the matches of the Argentine national team of football in certain world, continental or Olympic events as an indivisible collective cultural asset sustained by the joint enjoyment and enjoyment not susceptible to individual appropriation of the cultural heritage that represents the participation of the Argentine football team in this type of competitions,” explained the lawyer in the text.
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The reference is to the sanction of the law that in 2000 guaranteed “live transmission throughout the national territory through an open television station per locality”, as stated in its article 2. “Sports associations and/or or the holders of the television broadcasting rights of football matches involving the Argentine National Team, organized by the International Association of Football Federation, the South American Football Confederation or the International Olympic Committee, “They must market these rights in such a way as to guarantee the live transmission of said meetings throughout the national territory.”he also adds in his article 1.
In the request he made to the state, Gil Domínguez explained that since the law was passed in 2000 “this collective right was guaranteed uninterruptedly by the National State, and an objective sample of its value as a cultural asset and the need to guarantee its enjoyment, was the sociological, anthropological, philosophical and political impact that the dispute and obtaining of the 2022 World Cup produced.
The Gil Domínguez case against Multicanal
“If there is no prompt state response, the corresponding collective protection will apply,” was the phrase that Gil Domínguez used to question the Government’s decision regarding the televised matches of Lionel Scaloni’s team, recalling the legal framework of law 25,342 that he took as support for his judicial presentation.
In the case known as “Gil Domínguez against Multicanal”, the lawyer questioned the constitutional validity of the parties operating under an “onerous, codified and closed” television system.
There he questioned it “for ignoring that live, direct and free viewing constitutes an indivisible cultural asset framed as a right of collective impact in general as established in art. 43 of the Argentine Constitution, as well as, that it violated the right of users and consumers, the right to information and the right to non-discrimination”.
In 2000, within the framework of the World Cup qualifiers to be held in Japan and Korea in 2002, an expensive, codified and closed television system was established for the Argentine national team’s matches.
This system was questioned as to its validity…— Andres Gil Dominguez (@agildominguez) May 5, 2024
“This situation implies an objective violation of the right of collective impact in general outlined by the cultural product that involves live, direct expectation and without any discrimination based on the social and economic condition of the Argentine national team’s matches in the highest world competitions. and continental. Indivisible collective good sustained by the joint enjoyment and enjoyment not susceptible to individual appropriation of the cultural heritage that the Argentine soccer team represents,” explained Gil Domínguez in his X account.
Regarding the channels in charge of broadcasting the matches, he indicated that Telefe “can only broadcast in 9 provinces, while TyC Sports and DSPORTS are only available by paying a subscription.”
Finally, he pointed out: The flagrant violation by manifestly illegal and arbitrary omission that the State incurs of fundamental rights and human rights “enables the promotion of a preventive collective protection action by any affected user or an association that promotes these purposes.”.
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