Ciudad Autónoma de Buenos Aires

La Justicia confirma que los derechos de los Medios Vecinales fueron violados

(CABA) El pasado 7 de diciembre, la Legislatura porteña sancionó la Ley N° 5.919 que establece el 6 de diciembre como el “Día de los Medios Vecinales de Comunicación Social”, con el objetivo de “fomentar y promover sus actividades de comunicación y divulgación de información, así como su rol social, cultural y político”, reconociendo su importancia dentro del mapa comunicacional porteño.

Casi dos meses después, Máximo Merchensky, Subsecretario de Comunicación Social, a través de la Resolución N° 813/2018 rebajó en un 19% el valor de la pauta publicitaria que corresponde a los medios vecinales de acuerdo con la Ley N° 2587, con una década de vigencia, y que tiene como objeto regular la contraprestación publicitaria de los Medios Vecinales con el Gobierno de la Ciudad.

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En fecha 5 de abril, la Sala I de la Cámara en lo CAYT, en la causa judicial caratulada “SERRES, LUIS ALBERTO Y OTROS CONTRA GCBA SOBRE INCIDENTE DE APELACION – AMPARO – OTROS”, Expte. N° 1899-2018/1, confirmó la sentencia de primera instancia del Juez Scheibler dictada el 13 de agosto de 2018, decidió rechazar el recurso de apelación del GCBA y mantener la suspensión de los efectos de la resolución 813/18 dictada por la Subsecretaría de Comunicación Social, hasta tanto recaiga sentencia definitiva y firme en autos.

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La acción de amparo colectivo fue iniciada por 58 Medios Vecinales con el patrocinio del Observatorio del Derecho a la Ciudad.

En los fundamentos de la sentencia se expresa que la resolución n° 813/2018 no se ajustaría al bloque normativo que regula la materia (ley n° 2587 y decreto n° 933/2009), habiendo modificado –por un lado- el alcance dado por el legislador al art. 13 de la ley n° 2587 cuando alude al “valor más bajo del espacio publicitario de toda la página siete (7) del diario pago de mayor tiraje en la Ciudad Autónoma de Buenos Aires” que no coincidan con un precio promocional o al que se le aplique un descuento de cualquier naturaleza (art. 13, ley n° 2587); y, por el otro, al haber establecido que los importes se calculan semestralmente en lugar de mensualmente (cf. decreto n° 933/2009, Anexo, art. 13). Tampoco se ajustaría prima facie la regla jurídica que dispone que “…la Pauta Institucional no podrá ser inferior al mayor valor percibido” (art. 13, in fine, anexo del decreto n° 933/2009).

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Actualmente 269 medios vecinales porteños reciben 5 de cada 100 pesos que el Gobierno de la Ciudad invierte en materia de publicidad. Con el objetivo de reducir el presupuesto, el Subsecretario Merchensky decidió avasallar la sustentabilidad de los Medios Vecinales con descuentos ilegales e inconstitucionales.

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Los Medios Vecinales actores del amparo declaran “que la disminución ilegal de la pauta oficial, ahora reconocida por la justicia, es parte de una política de persecución y disciplinamiento de los medios vecinales que se integra con las sanciones que el GCBA está realizando sin sustento fáctico y cumplir los procedimientos administrativos”. NR

La entrada La Justicia confirma que los derechos de los Medios Vecinales fueron violados aparece primero en Parabuenosaires.

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