Contra el periodismo vecinal

Por Mario Bellocchio. La terquedad de un funcionario porteño y la complacencia de una jueza pretenden cercar al periodismo vecinal

El subsecretario de Comunicación Social del Gobierno porteño, Máximo Merchensky, dispuso arbitrariamente rebajar en un 17% la pauta otorgada a los medios por ley como contraprestación publicitaria. Despótica maniobra que coronó la jueza la Paola Cabezas Cescato denegando el amparo solicitado por el Dr. Jonatan Baldiviezo, en un fallo arbitrario, con total desconocimiento de las leyes que amparan a los medios vecinales y plagado de contradicciones.

El Registro de Medios Vecinales de la Ciudad cobija actualmente a 269 miembros distribuidos entre gráficos, webs, programas radiales, emisoras radiales de baja potencia y de tv por internet.

Esos medios reciben por ley (1) una pauta publicitaria –imprescindible para su sostenimiento–  que tiene severas exigencias a cumplir y que, dadas las nuevas condiciones planteadas inconstitucionalmente, los coloca en vías de extinción arrinconados económicamente por la decisión del subsecretario de Comunicación Social del Gobierno porteño, Máximo Merchensky, quien dispuso rebajar en un 17% la pauta otorgada como contraprestación publicitaria (2). La medida la adopta mediante una simple resolución (3) dictada por el funcionario que se permite modificar una ley –acción claramente opuesta a derecho– produciendo, inclusive, un conflicto de poderes al pretender legislar desde el Ejecutivo. Esta arbitrariedad se basa en la compulsa semestral –una suerte de cotejo entre agencias que ofrecen descuentos– a la que acude el Gobierno cuando decide publicitar en los medios comunes, de los que están claramente excluidos los vecinales, por definición de la ley que los ampara que fija una suma intangible que el funcionario pretende modificar arbitrariamente consentido por la Procuraduría General porteña y, más recientemente, por la jueza Paola Cabezas Cescato (4), quien acaba de denegar el amparo solicitado por el Dr. Jonatan Baldiviezo, en un fallo arbitrario, con total desconocimiento de las leyes que amparan a los medios vecinales y plagado de contradicciones que se apelará y quedará en manos de los jueces de cámara proteger los derechos de los medios vecinales

Paradójicamente la resolución de la discordia se dicta a días de que la Legislatura porteña sancionara 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 nuestra importancia dentro del mapa comunicacional porteño.


(1). LEY N° 2.587 (Sanción: 06/12/2007 / Reglamentación: Decreto Nº 933/009 del 22/10/2009

(2). Art. 1º de la Ley 2.587

(3). Resolución N°813/2018

(4). Paola Cabezas Cescato del Juzgado Nº 11 en lo Contencioso, Administrativo y Tributario

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