THE struggle to democratize communications media in Argentina has entered a new phase. The recent Supreme Court ruling upholding the constitutionality of the Audiovisual Communication Services Law, which has been entangled for four years in judicial procedures, represents a victory in the long struggle against media monopolies in the country.

The court decision reduces the number of radio, television and pay-to-view service licenses which a media company may hold, from 24 to 10. Media corporations have a one-year period during which they must relinquish all licenses beyond this limit. The legislation stipulates that the state will compensate those affected. An estimated 21 companies will be obliged to give up 330 licenses

Some 150 or 200 are owned by the country’s most important media conglomerate the Clarín Group. Other large corporations involved include Telefónica, the U.S. company DirectTV, and Prisa (owners of the newspaper El País).

The law’s fate has been uncertain since it was proposed by President Cristina Fernández in 2009, to replace the Radio Broadcasting Law imposed by the last military dictatorship (1976-1983).

Three years after Clarín challenged various aspects of the law, a judge ruled in favor of the government and declared the law constitutional. Nevertheless, in April 2013, the Federal Civil and Commercial Chamber declared two articles challenged by Clarin unconstitutional. Finally, six of the Supreme Court’s seven judges voted October 29 to recognize the law as constitutional. Never in the country’s history had a law been delayed so long as a result of pressure from powerful media groups.

Santiago Paolinelli, with the Federal Audiovisual Communication Services Authority, commented to Granma, "The ruling represents a victory in the 20-year struggle for a law to democratize the media."

Paolinelli explained that this is case in which different positions collide. Media giants, like the Clarín Group, need profits to remain independent from the government. The President has asserted that if there are such strong actors, with so many licenses, so many newspapers, cable companies, internet companies … they do not compete on the same plane as other, less powerful media.

Argentine researcher and journalist Stella Calloni reported that academics, professionals, journalists, intellectuals, trade unions and social movements have debated for almost 20 years about the content of the bill finally submitted to Congress by the President.

Cristina Fernández commented that the legislation was meant to promote democracy, beyond the needs of a specific government or political sector.

"I believe that what we have accomplished is more than the approval of a law. It has meant engaging in a profound cultural battle against the instilled idea that it is not possible to resist the media pressure of giant monopolies, to be able to move this forward," she added.

The President explained that the law will allow "all voices, the voices we like to hear, as well as those we don’t like, to have the opportunity to freely express themselves."

A law of this type which attempts to democratize access to the media, public and private, functions within a highly political context. As is well-known, Clarín has become a ferocious detractor of the social changes initiated in 2003 by President Néstor Kirchner and continued by the country’s current leader Cristina Fernández.

"The President had to confront – and must continue to confront - an all-out war led by the Clarín Group, which has monopolized the news on a national level, misinforming systematically and manipulating public opinion, through its powerful network, without any competition at this level," explained Calloni.

For the author of The Condor Years, the court ruling represents "the opportunity to finally construct a liberating law, which, functioning minimally, would give those without a voice a voice."

The journalist warned that the Clarín Group and its closest allies are now seeking international support, to attempt to impose from abroad what they could not accomplish within the country.

The issue is not exclusive to Argentina. Countries such as Ecuador, Venezuela, Bolivia and Uruguay are currently waging a similar struggle. In a recent interview with Prensa Latina, President Rafael Correa commented that the region is facing "a powerful media lobby, which is promoted by the empire of capital."