About IFEX:

News by region:

IFEX Campaigns and Advocacy:

IFEX Email Products:

Opportunities and assistance:

Alert

Discrimination in allocation of radio broadcasting licences unconstitutional, says Supreme Court

(AMARC/IFEX) - Community radio stations have welcomed a ruling by the Supreme Court declaring the unconstitutionality of Article 45 of the Radio Broadcasting Law. The article stipulates that representatives of non-profit entities are not eligible to apply for a radio broadcasting licence.

The Supreme Court decision came as a result of lobbying by the "Carlos Mugica" charitable organisation, which operates "La Ranchada" community radio station in the city of Córdoba, and is sponsored by Miguel Julio Rodríguez Villafañe.

According to the Supreme Court ruling, the Radio Broadcasting Law establishes that "only individuals or legally recognised commercial entities can apply for and receive authorisation to operate a frequency modulation (FM) radio station. This excludes cooperatives, community-based groups and charitable organisations."

The court argued that there was no reasonable justification for this arbitrary exclusion of representatives of groups that have not formally registered as commercial ventures. "This is an unacceptable restriction of the right to freedom of expression and imposes unreasonable limitations on the choice of whether to incorporate or not."

The judges said, "The system put in place to regulate radio broadcasting has been developed primarily to address the needs of commercial radio stations and increase their effectiveness and efficiency. Nevertheless, this should not preclude non-profit entities, who contribute to the social good, from accessing this medium of communication, subject to the appropriate regulations."

The Supreme Court also highlighted "the essential role La Ranchada radio station fulfills, both in terms of the information it circulates and the employment and training for community-based correspondents that it provides."