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Act

COMPARATIVE

Decree-Law of the Dictatorship Act currently in force 22.285/1980		Proposed Draft Law Democracy Audiovisual Communication Services
PURPOSE OF THE REGULATION	services are regulated only open (radio and TV) and the oldest complementary systems, such as community antenna. The regulation is so old that considers FM radios as "new technologies" .		The purpose of the initiative is to provide legal framework for all audiovisual communication services regardless of the support used for transmission. Free access to new technologies will allow the establishment of guarantees intended to protect pluralism and diversity of all audiovisual productions.
FREEDOM OF EXPRESSION	is limited by the requirements of the National Security . Current law allows restrictions on Freedom of Expression based on this ground.		is guaranteed universal human right the right to information and freedom of expression it provides 13 of American Convention on Human Rights , which implies the right to receive and impart information and ideas and research. Human Rights Treaties are a fundamental part of the spirit of this proposal.

ENFORCEMENT AUTHORITY	The governing body Radio and TV are integrated by by military intelligence and business .	the governing body for Audiovisual Communication Services will be headed by a collegial body composed of representatives of the national legislature, second and third minority and representatives of the Executive . Multisectoral Council will be established and wholly owned by representatives of universities, the non-profit associations, workers in the industry, etc.
ARGENTINE LABOR PROTECTION AND LOCAL	not protect the Argentine labor or local production is encouraged .	ensure and protect the local work by Argentine shares cinema screen. It will require 70% of national production on the radio and 60% on TV.
LICENSORS	broadcasting could be exercised only as an activity for profit . The changes made during the decade of the horizontal concentration 90'facilitaron via the admission of multimedia and the emergence of holdings. Only in 2005 Congress allowed legal persons nonprofit be licensed broadcasters, but with some restrictions.	be allowed access to non-profit entities. be reserved to non-derogable, 33% of the spectrum for legal persons nonprofit such as associations, foundations, mutual funds, etc.
monopolies and oligopolies	are supported monopolies and oligopolies media. The State has a subsidiary , since it can only provide service in areas not profitable for private.	be prevented the formation of monopolies and oligopolies . be promoted pluralism spectrum and Audiovisual Communication Services. The Federal Government, the Provinces, the Autonomous City of Buenos Aires, and the municipalities have allocated frequencies .
CONTENT PRODUCTION AND CHILDREN'S EDUCATIONAL	not encouraged the production of educational and children's	production will be encouraged and children's educational content . will be established Audiovisual Advisory Council and Children to ensure compliance with these objectives.
QUALITY OF INFORMATION	limits are established quality disseminate information, which must be accurate, objective and timely manner. These limits have been used to restrict freedom of expression .	be promoted polyphony of information and opinions in accordance with the provisions of the Covenants on Human Rights.
PUBLIC MEDIA	Solo is expected to subsidiary status. Universities must be licensed for commercial TV. Only provided to ATC as a business.	universities will be allowed unrestricted stations have no obligation to be commercial enterprises. Will propose a state media system with democratic goals, and involving community and social control .
PARLIAMENTARY PARTICIPATION	is not expected to attend the National Congress , since it is a law of the dictatorship, why is a centralist and undemocratic law.	participation will be given to the National Congress, and intervention is mandatory in the formation of the Authority, the election of officers of the Public Media and Public Defender's choice . participation will be given and representation to the second and third parliamentary minority.
PARLIAMENTARY CONTROL	control There is no provision by Congress of the Nation.	Control of Congress of the Nation strategy intended to evaluate the performance of the Authority, public media and performance of the Public Defender. This creates the Bicameral Commission Monitoring and Promotion of the Audiovisual Communication Services.
PUBLIC HEARINGS AND DEVELOPMENT STANDARDS PARTICIPATE	are not foreseen.	mechanism is expected Public Hearings to determine extensions of Licensing and use decisions to be given to new technologies, for example, the fate of digital dividend.
MULTIPLE SERVICES OPEN LICENSE	allows a single person is in possession of 24 licenses for open services (radio and TV).	Only 10 licenses will be open services.
MULTIPLE SYSTEMS LICENSE SUBSCRIPTION	TV systems pays no limitations regarding licenses that may have a single person, provided they are not in the same area of \u200b\u200bcoverage. This facilitates the formation of monopolies.	pay TV licenses are limited in number and market shares.
ADVERTISING	is subject to limits as Christian morality. time advertising on pay TV services is not regulated.	advertising is not subject to subjective limits, but must conform to objective criteria established by law. , regulating the advertising time on pay TV systems.
FOREIGN MEDIA ADVERTISING ARGENTINA	is not expected.	be implemented quasi-fiscal measures to discourage advertising investment outside the country, as do other countries, including Canada. Thus not be allowed to deduct from the income tax on investments in foreign advertising
LICENSE TERM	licenses last 15 years and may be extended for 10 years.	The licenses will last 10 years and may be extended by 10 more years after public hearings.
ENVIRONMENTAL INFORMATION TO THE PUBLIC ABOUT THE COMMITMENTS surrendered LICENSE	is not envisaged that the media must provide the public with relevant information.	media will be required to maintain a public access folder which contained all the relevant information of the licensee, as ordered by the FCC of the United Together.
TELEVISION SIGNALS	pay TV signals are not regulated subjects , so do not meet Argentine law as child protection or taxed in the country. Breaches of the signs are the responsibility of the distribution and not on who produces or sells.	signals are regulated by TV. is expected that responsibilities are assumed by the content owners and not those only provide access facilities. From the point of view of technological advances is justified by the emergence of new actors in the value chain.
REQUIREMENTS FOR A LICENSE HOLDER	personal qualifications are required based on possession of wealth preference and economic aspects.	To hold a license eligibility criteria are weighted and rooted in the activity. be excluded from the possibility to hold a senior officials who have been de facto government, considering the importance of media in building the rule of law and democratic life.
TRANSPARENCY OF OWNERSHIP	This law enables using corporations, hiding the true ownership of the licenses.	scheme will be promoted transparency property ownership licenses.
TECHNOLOGIES	Intended to obsolescence by design, this law was born "old." The technological advances of the past three decades indicate the anachronistic law currently in force.	New technologies are considered an essential tool to ensure plurality and diversity of voices . be promoted universal access to narrow the digital divide and promote technological literacy. related services are expected to audiovisual media in a flexible, and technologically neutral . For the first ever sponsored by the redistribution of knowledge via the use of new technologies.
LICENSE OWNERSHIP SCHEME	allows joint ownership of TV licenses and producers of content signals. This favors the creation of monopolies and abuses of dominant position on the matter and affects the cost of subscription TV service and the right to information.	Will be taken to the devolved monopoly exploitation rights display as they exist in the United States, Canada and the European Union. Joint ownership will be restricted license and companies producing TV content signals.
FEDERALISM	nonexistent regulation.	both will promote institutional participation of the provinces and the local content protection and regional designed to support local production. This involves genuine work with all members of the value chain of audiovisual production.
Penalty system	It is delegated to the Executive. contemplates that the media should report to the actors and journalists that threaten national security.	shall be regulated under the provisions of the International Human Rights Treaties.
public interest content	encoding is permitted of televised sports, preventing open access to most of the population.	This project provides for football matches may be relevant for network TV.
SOCIAL MEDIA OWNERSHIP	are not provided.	be promoted regularization community media, which have been excluded for decades.
INDUSTRY OF CONTENTS	not promoted.	will promote the establishment of creative clusters and content just as has been done in several countries including the United States, Australia, India, Canada and Spain.
ACCESSIBILITY FOR PEOPLE WITH DISABILITIES	is not foreseen.	are envisaged progressive measures to enable disabled people access programming , for example the system "closed caption " (insertion of legend on understanding the context and the dialogues for the deaf and hard of hearing.).
COOPERATIVE	Their participation was banned until 2005. Can now participate in a restricted manner.	an open regime will be established for participation in cooperatives. Also implement measures to prevent abuses of dominant position.
PUBLIC SERVICE PROVIDERS	22,285 The original law required companies to sole and exclusive purpose for broadcasting. In the 90 admitted the existence of business holdings and was limited to utility companies by the criteria of natural monopoly in the area and sector.	As technological advances allow us to consider the obsolescence of natural monopoly, they may participate in audiovisual communication taking special precautions. is conditional on ensuring that more than 50% of the market available to another provider can participate. monopolization rules are fixed in their respective business areas, effectively, for the entry of new players that will contribute to the proliferation of offerings.
NATIONAL CINEMA	is not expected.	fee shall be established a National Cinema Display, as have countries like France or Brazil.
RATE CONTROL SUBSCRIPTION SERVICES	not established a system of prices paid services.	be established Social Tariff.