XV Congress of the Latin American Association of Communication Researchers

 

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❖ Latin American Association of Communication Researchers (ALAIC).
❖ Faculty of Social Communication - Journalism of the Universidad Pontificia Bolivariana (UPB).

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Paper presented to GT-18 Ethics, Freedom of Expression and Right to Communication
Rights of children and adolescents in audiovisual and convergent communications in neoliberal Argentina (2015-2019).

Situation of the Advisory Council on Audiovisual Communication and Children (CONACAI) and the Public Defender of Audiovisual Communication Services (DPSCA).
Rights of children and adolescents in audiovisual and convergent communications in the neoliberal Argentina (2015-2019). Status of the Advisory Council for Audiovisual Communication and Children (CONACAI) and the Public Defender of Audiovisual Communication Services (DPSCA).

BACCARO Adrian Lazaro1
MAGLIERI Adrian Sergio2

1 UBA (University of Buenos Aires) -UNQ (National University of Quilmes), Master in Cultural Industries, Argentina, SIGNIS Argentina. Industry plus Culture adrianbaccaro@gmail.com
2 UNQ (National University of Quilmes), Master in Cultural Industries, Argentina antimedio@gmail.com

Summary:
The Rights of Boys, Girls and Adolescents (DNNyA) were taken into account in the text of the Audiovisual Communication Services Law (LSCA) No. 26522 of Argentina (2009), resulting in an important incorporation regarding their recognition legal and advances produced up to that date.
This work evaluates the actions of the Advisory Council for Audiovisual Communication and Children (CONACAI), and the Public Defender's Office (DPSCA), specifically during the government of President Macri in Argentina (2015-2019). The purpose is to account for a first period of apparent continuity with the previous policies (executed between 2009 and 2015) and a second stage of deactivation of both bodies, maintained only in their formal aspects. We will analyze what were the reasons for this discontinuity and the relevance of recovering these policies in the future.
Until 2015, these organizations promoted some advances in the area of rights and improvements in the quality of reception and production of audiovisuals for children, but during the government of President Macri, both CONACAI and the Public Defender's Office were largely invisible and dismantled by the new communication authority created (ENACOM, replacing ASFCA) that had already initiated a paradigm shift around convergent communications.
Key Words: RIGHTS - COMMUNICATION- CHILDHOOD
Abstract:
The Rights of Boys, Girls and Adolescents (DNNyA) were taken into account in the text of the Audiovisual Communication Services Law (LSCA) N ° 26522 of Argentina (2009), resulting in an important incorporation regarding their legal recognition and advances produced up to that date.
This work evaluates the actions of the Advisory Council for Audiovisual Communication and Children (CONACAI), and the Public Defender's Office (DPSCA), specifically during the government of President Macri in Argentina (2015-2019). The purpose is to account for a first period of apparent continuity with the previous policies (executed between 2009 and 2015) and a second stage of deactivation of both bodies, maintained only in their formal aspects. We will analyze what were the reasons for this discontinuity and the relevance of recovering these policies in the future.
Until 2015, these organizations promoted some advances in the area of rights and improvements in the quality of reception and production of audiovisuals for children, but
during the government of President Macri, both CONACAI and the Public Defender's Office were largely invisible and dismantled by the new communication authority created (ENACOM, replacing ASFCA) that had already initiated a paradigm shift around convergent communications.
Key words: RIGHTS - COMMUNICATION- CHILDHOOD

Main text
The specific objectives of the work are in line with:
- Continue the systematization of the work of two organizations (DPSCA and CONACAI) that emerged after the sanction and subsequent application of the Law on Audiovisual Communication Services (2009) in reference to the promotion and defense of the rights of girls, boys and adolescents.
- Observe their respective contributions in the sense of promoting and defending the rights mentioned from the beginning, in their most relevant aspects.
- Report on the changes produced in these bodies during the administration of President Mauricio Macri, where there are notable setbacks with respect to the initial objectives contained in the SCA Law.
Characterization of the study or proposed theoretical discussion.
The study is framed within a perspective of the ethics of communication and how this is reflected in specific policies, in its connection with the rights of communication in general and specifically, with the rights of children and adolescents.
teenagers. We understand that this debate has been postponed and made invisible and it is essential to regain the meaning of these policies and give them priority.
Approach and / or approach methodology.
Regarding the approach methodology, we worked with analysis of documentation of both organizations, resolutions, decrees and laws related to the issues of communication rights of children and adolescents, and the operation of these organizations.
Interviews were conducted with members and former members of the respective agencies and requested reports were analyzed. Faced with the inaction of the State, both the civil organizations displaced from CONACAI, as well as some provincial governments, carried out a series of activities that could be the germ of a new process and that are also considered in this work.

1. Introduction

The subject of communication and childhood has not traditionally occupied important spaces, neither in communication congresses in Latin America, nor at the national level. In general, a cut is made that limits reflection and study on pedagogical aspects, in what is called the field of educommunication, communication and education, or education for the media. Some civil organizations have developed an approach, including impact studies or even guidelines for journalists' work from the perspective of boys and girls as subjects of law. Social communication owes a debt to the centrality that should be given to these issues. How we have been doing it since 2012 at the ALAIC Congress of 2012 (Montevideo), we propose and insist that the theme related to childhood, the media, new technologies and children's rights, must be considered in itself, as an axis autonomous.
In particular, we will dwell in this work on the experiences that, initially promoted by civil society organizations specialized in this matter and with important experiences carried out in the territory for decades, advanced, not without difficulties, towards the formulation of a strategic policy in the countryside.
In the Argentine case, a notable advance occurred when the Rights of Children and Adolescents (DNNyA) were taken into account in the text of the Law of Audiovisual Communication Services (LSCA) N ° 26522 of October 2009, resulting in a foundational incorporation regarding its legal recognition, with subsequent advances and setbacks produced up to that date3.
We evaluate here the evolution of the actions of the Advisory Council for Audiovisual Communication and Children (CONACAI) and the work guidelines in promoting the communication rights of children and young people, developed by the Public Defender's Office (DPSCA), with the dual purpose of accounting for its actions, resolutions and implementation difficulties, as well as its usefulness to be considered in ongoing experiences in Latin America.
The main hypothesis for the period analyzed is that, although until the end of 2015 both organizations had promoted some advances in the area of rights and improvements in the quality of reception and production of audiovisuals for children, the government of President Macri began in Argentina (December 10, 2015) decrees were issued and 3 In a publication of the ANDI network of Latin America, this advance in the communication rights of children and adolescents is recognized, highlighting the introduction of specific rules of the law, the creation of CONACAI and promotion in the production of specific content (FOMECA) among other aspects (ANDI, 2013 p 47-49)
subsequent regulations that seriously affected the central spirit of Law 265224, retracing the path made there.
In this new scenario, both CONACAI and the Public Defender's Office did not achieve the desired institutional consolidation and were made invisible and finally dismantled by the new communication authority created just after the neoliberal government (ENACOM, replacing the former ASFCA and AFTIC). 5, which in turn began to promote a paradigm shift around convergent communications. On the other hand, the promise of the analysis and possible sanction of a new convergent Communications law (which would never be finalized) served to delay proposals for greater participation and the action of these organizations, putting them on the defensive of a supposed new legal structure .

2. Actions and inactions
For the LSCA and the 2013 Supreme Court of Justice (Argentina) ruling6, information is understood as a “social good” and no longer as a commodity. For first

4 Decree No. 267/2015 issued by the Macri government a few days after taking office, produced strong changes in the spirit of the law, especially in reference to the limits of the concentration of the media, regulation of videocable and telephone, dissolving two entities (AFSCA and AFTIC) and unifying them into a new body (ENACOM) that would begin to regulate the audiovisual and telecommunications market jointly.

5 The National Communications Entity (ENACOM) is an autarkic and decentralized entity that operated under the Ministry of Modernization of Argentina. Created in 2016 by presidential decree of necessity and urgency, it would be responsible for compliance with Law 26,522 on Audiovisual Communication Services and Law 27,078 Argentina Digital - known as the Telecommunications Law -, until then the responsibility of the AFSCA and the AFTIC.

6 See the complete opinion of the Argentine Supreme Court on the constitutionality of SCA Law No. 26522, October 29, 2013 https://www.cij.gov.ar/nota-12394-La-Corte-Suprema-declar--la- constitutionality-of-the-Media-Law.html
Once in the history of audiovisual media, the rights of children to communication were specifically considered and the concept of audiences as subjects of law was incorporated. That construction - which underwent citizen, parliamentary and judicial debates - was dismantled in just over two weeks, through three Macri decrees (two of them of necessity and urgency) without discussion or debate7. In the first months of management, both CONACAI and DPSCA, although they were not dismantled and continued in force, entered a nebula, both due to the application of new regulations that took them to the background, and due to the lack of support from the ENACOM. Given the situation, a report from the Ombudsman's Office considered that the repeal by decree of the antitrust measures contained in the LSCA implied "a setback in the conception of the hearings as subjects of law due to the impacts that these provisions on the matter will have. of diversity, plurality of representations and voices in audiovisual communication services and protection of national cultural industries, fundamentally ”(DPSCA, 2016 Report). In the case of CONACAI, due to the lack of communication and convocation from ENACOM, a group of self-convened representatives chose to favor an attempt to dialogue with the authorities to preserve the continuity of the body in the interests of the superior right of children. , relegating possible criticisms to the measures taken by the aforementioned decree. It was emphasized that the Argentine State as adherent to the Convention on the Rights of the Child8 (with constitutional rank due to the reform

7 Reference is made here to UN decrees N ° 267 and 268/2015 (modifications of central aspects of the LSCA such as the creation of ENACOM and license limits) and to ordinary decree N ° 678/16 that modifies regulatory matters of Law No. 26522 referring to advertising batches (in terms of their announcement and duration) and the signaling of the "top" schedule, among other issues.

8 See full text at: http://www.unicef.org/argentina/spanish/7.-Convencionsobrelosderechos.pdf
Constitution of 1994) was obliged to create and enforce the conditions for girls, boys and adolescents to receive specific programming that contributes to their entertainment, their growth, their insertion into society and their training process. One of the issues that CONACAI representatives began to claim revolved around compliance with the time slot with programming for children, which in practice was left without effect once the Macri government was assumed. Through Regulatory Decree 1225, of 2010, it had been established that on the basis of article 689 of Law 26,522, at least three hours a day of the programming of open television services intended for contents especially dedicated to children and adolescents should be broadcast. adolescents, whose production is carried out by national producers in a percentage not less than 50%. Concern about this issue and others related to childhood was also expressed in the First Public Hearing on Public Media of RTA SE held on November 30, 2017 (two years after the government took office) in Buenos Aires, where representatives participated. of CONACAI and the DPSCA, among other members of the Honorary Advisory Council of the Public Media. One of the main proposals made by members of CONACAI, made reference to the "breach of the quota for children's programming, which guarantees access of boys and girls to content designed

9 ARTICLE 68.- The contents of the programming, its previews and advertising must comply with the conditions established in Law No. 26,522. At the beginning of the schedule established as suitable for all audiences and at the end, the legend "FROM THIS MOMENT THE SCHEDULE SUITABLE FOR ALL PUBLIC BEGINS", and "FROM THIS MOMENT THE OPENING HOURS FOR ALL PUBLIC ", respectively. (…) At least, THREE (3) hours a day of the programming of open television services must be allocated to content especially dedicated to children and adolescents, whose production is carried out by national producers in a percentage not less than FIFTY PERCENT (fifty%).
Full Text: http://servicios.infoleg.gob.ar/infolegInternet/anexos/170000-174999/171306/norma.htm
exclusively for them and within it the promotion of a quota of local production representative of the stories, realities and experiences of Argentine boys and girls by the media that are members of RTA and the national air channels ”(CCHMP, 2017) . It was also pointed out the concern about the transfer of public educational channels (Canales Encuentro and Paka Paka) from the orbit of the Ministry of Education of the Nation to the Secretariat of Media, due to the possible loss of the character of an educational tool that these television experiences they had since their genesis in 2008 and 2010 respectively. They also proposed that "a percentage of Argentina Radio and Television's income be allocated, specifically to forming a competitive promotion fund for the production of quality programming for children, as a strategy to strengthen the audiovisual and digital field for children" ( CCHMP, 2017). In relation to decree 267/2015, just after Macri's management began, the DPSCA had indicated that “it restores a concept that reduces communication to its commercial nature and frees it to market rules. The modifications and derogations established by this decree and its regulations will deepen patterns of exclusionary representation, hinder citizen participation, reduce the possibilities of universal access to the audiovisual media and the equal exercise of freedom of expression ”. (DPSCA, Report 2016). It is in this sense, that the weakening of the direct action of the state to protect the rights of equal access of citizens to the media, also affects the lesser possibilities of participation and direct action of children and young people in a system. of media that tends to stay focused and only interested in making financial gains.
The forum became the only space where the members of the organizations were able to express their voice, at least as expressions of will, in a society silenced by the neoliberal onslaught that was being printed in all social areas from a unifying and complicit discourse of the hegemonic media. There was a clear persecution of opposition voices, expressed in the massive dismissal of workers from the state information agency (TELAM) and national radio announcers, based on their old publications on social networks. This persecution, given only as an example, was reproduced in many other areas of the media and in sectors of education. On the one hand, the CONACAI representatives had finally succeeded in holding a “reorganizing” meeting in September 2016, receiving promises of reactivation of the body from ENACOM that would not be fulfilled later. A critical and claim note was raised at the end of that same year, achieving that in May 2017 a first plenary session was called. In addition to the aforementioned question about the time slot, the first actions focused on a reformulation of the regulation, the reinsurance of the continuity of CONACAI (or similar body), its inclusion in a planned new convergent communications law (which included policies referring to the internet and social networks) and the reactivation of thematic commissions (funds, training, research and content, digital citizenship, communication) among other issues.
Meanwhile, the DPSCA's journey during the Cambiemos administration went through two stages: the first, of criticism of the measures adopted in the area of communication by the national government, but at the same time of a certain autonomy and preservation of activities of the organism. This stage runs from the beginning of the liberal administration, until the departure of María J. Guembé (replacing Cynthia Ottaviano). The second stage is already
clearly an intervention of the ombudsman, under the management of Emilio Alonso (September 2018 to March 2020) where pressure and persecution of workers occur, causing a reduction in the activity of the body and a clear decrease in the execution of different programs and tasks.
With the inauguration of the government of Alberto Fernández (December 10, 2019) after four years of deregulatory policies in the communication field, a new stage opens, which has generated the expectation of resuming the path of the right to communication as the central axis , supplanting a stage marked by the lack of real concern for the promotion of quality media for children, and the almost nullity of relevant proposals in the new problems linked in general to social networks and the Internet and the increase in the digital divide. Added to this are the continuous abuses committed in the media and networks that violate the rights of children on a daily basis, in the dissemination of many of its contents.

3-CONACAI: against the violation of rights and for quality production This body was defined and created by article 17 of Law 26,522 on Audiovisual Communication Services (Resolution 0498 AFSCA / 10) 10. In order to guarantee multidisciplinary and federal participation and representation, the law established that the Council be made up of representatives of governmental and non-governmental entities, as well as provincial councilors whose specialty was childhood.

10 Administrative resolution: http://www.consejoinfancia.gob.ar/wp-content/uploads/2013/08/R20100498.pdf Formally, CONACAI was formed on April 4, 2011, with its presentation and first plenary meeting held at the Cervantes Theater in Buenos Aires.
By law, the members of the Advisory Council remain in office for two years with the possibility of repeating their terms, they serve on an honorary basis and may be removed and / or replaced by the enforcement authority at the request of the same entity that proposed them. The Council must meet, according to its regulations, in plenary form at least three times per calendar year. The reality and the commitment of the directors marked an average of five annual meetings in the first four years, but it was interrupted after assuming the government of Mauricio Macri, where he only made one call in September 2016, after the insistent request of a group of self-convened counselors. In 2017, only two meetings were held, but the initiatives of civil society organizations began to be blocked, which finally led to attempts by the President of ENACOM (Silvana Giúdice) to ipso facto modify the law, turning them into a mere Advisory Committee of the Council, a question rejected by all the organizations. It was intended to give centrality to the provincial representations, which in turn were conditioned by the particular interests of governors, generally opposed to the ruling party, but who tried not to generate new barriers that would hinder negotiations of various kinds, and in order to guarantee the provincial governance. In such a way, a state policy that had to guarantee the rights of children was obscured, giving priority to taking care of the relationship with the concentrated media. Another policy that affected the promotion of quality media for children was the permanent attitude of favoring private activity to the detriment of programming and state media that tended to be hidden. Both the children's channel Paka Paka and Encuentro suffered layoffs, budget cuts, a decrease in content production and a
displacement of the central places of the television grids, attacking their audience.11 The problems covered by CONACAI originally incorporated the entire arc of audiovisual communication services production, training modalities for new forms of production (given the professional experiences minimum premises in the field of children's programming), support in the construction of more critical views (both from the framework of teacher training, and from educational work with students at all levels and in informal education) and the promotion with funds for quality production for children. Initially, the work methodology from the first plenary meeting in 2011 had been the assembly of three commissions that would seek to guide their objectives to optimize the functions of the Council. They were: Contents and Research, Education and Training, and Development and Production.
The sum of the views of civil society organizations, public and private educational unions, representatives of official childhood organizations of each province and the Nation, 12 were an area rich in crossroads and perspectives, but that only

11 According to the journalist Tamara Smerling, the production of the children's signal, in just three years, fell to 75 percent: from 87.60 hours of own production (19 series and 7 microprograms, many made during the previous administration) in 2016 , it fell to less than half: 37.55 (8 series, 5 micros and one mobile application) in 2017. The figure for 2018 (until September) is six own productions (six series and 2 microprograms), with a total of 22.75 hours. (Smerling, 2018) Source: https://www.lacapital.com.ar/educacion/pakapaka-una-senal-educativa-cada-vez-mas-chica-n1681926.html accessed 09/28/18.

12 Representatives: the Advisory Council established by the Audiovisual Communication Services Law is made up of representatives of the provincial governments, the National Ministry of Education, the Secretariat for Children, Adolescents and the Family, the Parliamentary Forum for Children, the unions teachers CTERA, SADOP, UDA, AMET and CEA, and seven civil society organizations with a long history in the subject - SAVIAA, Nueva Mirada, Las Otros Voces, Fund TV, Social Journalism (I renounce their participation in the second Plenary), CASACIDN and Signis Argentina.
achieved limited results in AFSCA management (2011-2015). The complexity and multiplicity of tasks that it implied made its effective start-up quite slow.
As mentioned above, the administration of President Macri put multiple obstacles to the work that had been carried out with difficulties, until condemning CONACAI to inactivity (the latest information on any activity that appears on the official website still in force - www.consejoinfancia .gob - dated April 2018) 13.
Having displaced the civil society organizations, which had originally dreamed of and managed to implement this project, the provincial councilors could not sustain the continuity of the initiative. Many of them continued to carry out specific activities, also incorporating all the problems raised by the use of social networks by children and adolescents (cyberbullying, grooming, responsibilities of the state, parents, etc.) that is, they were confined to generating micro-local actions, in a highly adverse political context.
Currently, given the return to power in Argentina of a popular government, and despite the pandemic situation, articulations have already begun from the new ENACON leadership for the reactivation of CONACAI, including the repeal of the provisions that annulled the councils of the representations of civil society, and beginning a new stage within the framework of the current law, which had been ignored by the previous administration. The reorganization of this space today cannot set aside the strong social deterioration that directly affects children, in more than 50% in a state of poverty, and over which absolute priority is required.

13 Verification 02.28.2020. The page began to be updated in news from July 2020, 2 years later.
One of the rights that are clearly violated within the framework of the ASPO (Preventive and Compulsory Social Isolation) is the possibility of digital access under equal conditions for all children who have seen their school continuity threatened during the 2020 school year. 4- DEFENSE OFFICE FROM THE PUBLIC: Rights in danger in the Macri era The DPSCA is an Argentine body, created after the approval of the LSCA, in charge of receiving and channeling inquiries, claims and complaints from the radio and television public. The first appointment as Public Defender went to journalist Cynthia Ottaviano14. It was created to act in the judicial sphere, on behalf of a person or collectively, to complain to ENACOM or to do so extrajudicially, through the possibility of creating communication mediations. Its primary function is to democratize voices and views, and prevent the hegemonic management of communication, which implied, since its launch in 2013, a true paradigm shift in the distribution of information, which is no longer seen as a merchandise, to be considered a human right. Since its creation, the DPSCA has generated various mechanisms for citizen participation such as: forums, workshops and public hearings, and promoted the treatment of various issues related to the right to communication (gender diversity, inclusion, etc.), placing special emphasis on new DNNyA.

14 The first head of the Public Defender's Office, created in 2012, received 80 adhesions from the media, Human Rights organizations, personalities from the Culture and numerous journalists, and only one challenge, which was presented by Grupo Clarín SA. As established by the Law on Audiovisual Communication Services, the head of the ombudsman must be appointed by resolution of both parliamentary chambers, at the proposal of a bicameral commission.
From the specific area of children and youth of the Ombudsman's Office, several meetings and publications were held from the first year of work. In the report “One year after the creation of the Ombudsman's Office” 15, the publication of works such as: “For a democratic communication of children and adolescents” is mentioned, in conjunction with UNICEF and the former AFSCA, and the various roundtables and debates on childhood and adolescence, in addition to gender issues, religious diversity, journalistic coverage of the crime of human trafficking, the right to reply and the environment, among others. On the other hand, the DPSCA began to periodically organize public hearings, so that all citizens can express their knowledge, experience, their opinions, and where they can express their ideas, all people, groups and institutions, who feel affected or have an interest in a given matter in the area of audiovisual media 16. Initially, it had the task of disseminating Law No. 26522 in all its aspects, especially with regard to the rights of audiences. The training area developed exhibitions and / or workshops on the Law in general, and especially on communication rights. In the latter, special attention was always paid to

15 The full report can be consulted at: http://www.defensadelpublico.gob.ar/es/ano-creacion-defensoria-del-publico

16 During 2014, the Public Defender of Audiovisual Communication Services organized seven Public Hearings in which young people from all over the country spoke about their communication rights. 1750 girls and boys participated, almost a thousand were speakers, they represented 220 organizations, schools and other spaces of belonging from the 24 Argentine provinces. This process was accompanied by 170 instances of training and debate in which 4,000 young people participated. The agents participating in these public hearings, according to the execution of annual physical goals, suffered progressive restrictions in subsequent years, from 2016 to 2019. They went from an average of 1,300 in the period (2014-2016) to only 130 in 2017, 750 in 2018 and none in 2019. (data from ANNEX 4 of report 04/2020-DPSCA, 2020)
DNNyA17. It also generated various lines of work, such as the one proposed to teachers of primary and secondary schools throughout the country, based on the production of conceptual materials and proposals for activities to work in the classrooms on DNNyA and reflect on the representations that the audiovisual media carry out childhood and adolescence. Regarding consultation materials, the DPSCA made available to citizens, abundant pedagogical material specialized in the right to communication, segmented into specific areas or topics, for consultations of professionals and the general public, in addition to putting into operation a library specialized in communication. Also, guides were promoted for the responsible treatment of certain topics in the audiovisual media18. All these initial promotional actions took place during the first years of the organization's operation (2013-2015) since after the inauguration of President Macri, in December 2015, the programs and projects under way began to decline, observing a weakening progressive in the execution of tasks and in the ability to fully fulfill their functions. In relation to this, as previously stated, the DPSCA went through a preservation stage in the face of the constant possibility of its dismantling or change of status, to

17 The year 2015 was declared by the organization as “the year for the inclusion of girls, boys and adolescents in the audiovisual media”, and launched a work plan in coordination with other organizations, institutions and organizations that are supported in what was said in the Public Hearings.

18 As an example, the Guide for media treatment in the case of violence against women can be seen at: bit.ly/GuíaViGén published on May 31, 2017 https://www.facebook.com/DefensoriaDelPublico/
another of a de facto intervention, with the appointment of the lawyer Emilio Alonso in September 2018, without any type of experience or background in the area. With this arbitrary designation and without institutional support, the activity of the Directorate for the Protection of Rights and Legal Affairs, and in particular, the processing of the claims of the hearings, were seriously affected, undermining the agency's ability to guarantee, therefore , the DNNyA. Among the specific issues pointed out by the agency, in response to a request for public information (No. 4/2020), it is mentioned among the shortcomings of E. Alonso's management, that “historically the claims of the audiences that objected to radio broadcasts and television were analyzed in an interdisciplinary manner (…) and from the intervention, the transfer of claims was delayed, and / or in some cases interrupted, arbitrarily ”(DPSCA, 2020). The report clarifies that, although complaints and inquiries continued to be filed, the intervention clearly affected the agency's response capacity, with different delay mechanisms, such as the delay or lack of signatures of the agency's head in the files processed, many times selectively and arbitrarily depending on the case. On the other hand, there was a disengagement with civil society organizations, state agencies and other groups with which the Ombudsman's Office was linked, which generated “an isolation of those organizations, subjects and entities, with which networks had been built and articulated work ”(DPSCA, 2020). This situation hampered the dialogue instances necessary for conflict resolution, as well as the generation of activities and strategic agreements, which the agency normally developed.
The harsh report issued by the DPSCA on the management of the official Alonso, also points to another strategy of hindering the normal functioning of the body, such as the disarticulation between different areas, and thus not allowing "to give continuity to the task of carrying out and dissemination of materials, such as guides and recommendations for the responsible treatment of various topics in the media ”(DPSCA, 2020). The inaction of the Ombudsman's Office was also provoked "by paralyzing the convocation of working groups in which institutional, academic and social actors, experts in different subjects, participated" (Ibid) mentions the public document. Other of the points mentioned, mark the lack of legal support to alternative and community media in the possibility of access to promotion lines (FOMECA) for these media, which in general were promoted, but were also delayed in their granting by ENACOM, systematically failing to comply with previously stipulated deadlines and guidelines. This work, which was carried out constantly by the body before the intervention, was arbitrarily stopped. In the field of advice on aspects of the right to communication and the protection of subjects, another of the issues in which the DPSCA is essential as an agent for consultations, Alonso's management was in charge of suspending this type of activities, such as the agency's intervention in the formulation of specific regulations and laws, as well as caused the "interruption of the institutional relationship with regional and international human rights organizations competent in matters of freedom of expression, access to information and cultural participation" (DPSCA , 2020).
For many of these issues, in October 2019, a request was made for the removal of the intervening official with the signature of the Center for Legal and Social Studies (CELS), the Community Radio Forum (FARCO) of the Argentine branch of the World Association Community Radios (AMARC) and researchers and academics in the field of communication. In addition to noting that the appointment of Alonso did not comply with the requirements of the law to be Defender and the regulations imposed by the Bicameral Commission (of the HC of the Senate of Argentina), the complainants highlighted that Alonso discontinued lines of work, paralyzed various activities and separated from his charges to director Ernesto Lamas in an act of political persecution, causing the resignation of director María José Guembe. The document, in relation to Alonso's management, concludes that "the result of these decisions is an impoverished Ombudsman's Office, paralyzed in all its actions and the total lack of protection of the rights of the audiences." (Uranga, W. 2019) All the aspects indicated in the requested public report (N ° 04/2020) added to the public complaints from organizations and specialists in communication areas, mark a clear deterioration in the functioning of the organism during the intervention, through different devices of administrative delays, dismantling of work areas, lack of application of competencies, disengagement with other organizations, which caused an injury to the DPSCA's ability to protect audiovisual communication rights in general, thus affecting the DNNyA. 5- SOME FINAL REFLECTIONS
The current government of Argentina showed certain actions in its communications policy that show positive signs towards the advancement of the re-constitution of the
paradigm of understanding communication as a right and revaluing and guaranteeing DNNyA.
At this point, at least two encouraging issues can be raised. The first is the appointment of the journalist Miriam Lewin19 as the new head of the DPSCA, which meant a normalization of the organization's functioning.
On the other hand, the recent decree No. 690/202020, which declared cellular telephony, Internet services and pay television as essential public services, revalues the right of access to telecommunications and increases the guarantees of compliance with services audiovisual communication.
Regarding CONACAI, despite the difficulties imposed by the COVID-19 pandemic, on July 15, 2020, the ENACOM Board of Directors announced the new call that included civil society organizations, annulling the provision that they pass to form part of an advisory council and reestablish them as councils. It also established its operating regulations and formally invited UNICEF, UNESCO, and other entities not included in the previous processes to participate, broadening their participation base21.
These initial actions are indications of the reestablishment of a public communication policy consistent with the 2009-2015 period, which, however, occur within the framework of greater conflicts with hegemonic media groups, which see their indiscriminate freedom of action and business resented, against state regulations tending to

19 The appointment was approved in the bicameral commission for the Promotion and Monitoring of Audiovisual Communication, Telecommunications Technologies and Digitization in May 2020, and its position was ratified in June of this year.

20 Decree 690/2020 official bulletin https://www.boletinoficial.gob.ar/detalleAviso/primera/233932/20200822

21 https://www.enacom.gob.ar/noticias/institucional/enacom-convoca-al-nuevo-consejo-asesor-de-la-infancia--conacai-_n2465
a greater democratization of communications. This situation leads them, without dissimulation, to carry out different destabilizing actions, such as increasing the circulation of false news, to reinstall governments aligned with their private interests.
On how these political-economic disputes and their consequences are resolved, whether they are the product of electoral results or movements to remove legally constituted political powers (supported by new coup forms such as lawefare, or the combination of media, judges and new anti-republican oligarchies ), ultimately depend on the real possibilities that the entities that defend DNNyA in relation to the media and ICTs can effectively guarantee them in the coming years. Bibliography and Sources: - AFSCA / 10 (Resolution 0498), (2010) - ANDI. (2013). - "Children's rights and right to communication: strengthening convergences in legal frameworks and public policies" [Libro-Publicación digital] . Retrieved February 2, 2020, from http://www.andi.org.br/politicas-de-comunicacao/publicacao/derechos-de-la-infancia-y-derecho-a-la-comunicacion - Baccaro A. Maglieri A , (2017) “Rights of children and adolescents in audiovisual media and convergent communications”. Actions of (CONACAI) and of (DPSCA) in Argentina (2010-2016). VII LATIN AMERICAN COLLOQUIUM ON HUMAN RIGHTS EDUCATION-2017, Montevideo, URUGUAY - ------- (2016) “Rights of children and young people to communication (Actions of the (CONACAI) and the (DPSCA) in Argentina). ”, ENACOM 2016, Jujuy, Arg. See:
http://www.ceidtv.com.ar/sites/www.ceidtv.com.ar/files/libro_-_memorias_del_xiv_enacom_-_jujuy_2016_-_1.pdf - Baccaro, A. (2010), Towards a public TV for children, Electronic Book, Mutirao de Comunicación de Porto Alegre, Academic Conference. Feb. 2010. - Becerra Martín and Mastrini Guillermo (2017), Media at war: balance, criticism and scrapping of communication policies, 2003-2016, Ed. Biblios - CCHMP (2017) RTA's Honorary Advisory Council of Public Media SE (2017, November 30). - MANAGEMENT REPORT AND EXECUTIVE SUMMARY OF PUBLIC HEARING: First Public Hearing on Public Media of RTA SE Recovered Sep 10, 2019, See: https://www.senado.gov.ar/upload/22533.pdf - CONACAI (2014) : Resolutions, Plenaries, Working documents, etc. Retrieved March 1 to 14, 2019 from the CONACAI Official Site: www.consejoinfancia.gob.ar - ----- (2013) CONACAI quality criteria for better audiovisual communication for children and adolescents. Retrieved from the CONACAI website, March 2, 2019: http://www.consejoinfancia.gob.ar/?p=1073 - ----- (2008) 10 points for a quality TV (statement). Retrieved on March 10, 2018 from the CONACAI website: http://www.consejoinfancia.gob.ar/?p=409 - DPSCA http://www.defensadelpublico.gob.ar/es
- DPSCA (2020, September). Note N ° 136/2020 - Response to request for Public Information (N ° 04/2020). Buenos Aires, Argentina: DPSCA. - DPSCA, Report 2016. Requested by Maglieri Adrian Sergio, on 07/29/16-PP2125 / 2016. - Law. Convention on the rights of the child adopted by the United Nations General Assembly, in New York on 11/20/89. Official Gazette of the Argentine Republic, 23,849; October 22, 1990 (Application of article 70 of the CN). - LSCA. (2009) Law of Audiovisual Communication Services. Official Gazette of the Argentine Republic, 26.522, October 10, 2009. - Uranga, W. (2019, October 12). They ask for the removal of the auditor of the Public Defender of Audiovisual Communication Services. Page 12. Recovered from https://www.pagina12.com.ar - Smerling, T. (2018, September 29). The continuity of Pakapaka is in danger. Retrieved Sep 29, 2018, from https://www.lacapital.com.ar/educacion/pakapaka-una-senal-educativa-cada-vez-mas-chica-n1681926.html