and criticism, because the excessively concentrated media directly acquire the power
to create reality, given that our reality is constructed almost entirely through
communication. This has been sufficiently raised in sociology, in particular that of the
phenomenological aspect and long before the current technological leap. 33
118. In this regard, I must stress the need to incorporate into law, mainly into the
branch of Human Rights, the data of reality basically coming from sociology and other
social sciences, in order to avoid the traps of a closed normativism that obstructs the
incorporation of this data and that, as noted above, can lead to paradoxical solutions
in terms of real consequences, despite the fact that the decisions were motivated by
the most noble intentions.
IV.2.b. The abnormal situation does not prevent weighting, but does
complicate it
119. In any case, it is necessary to point out that the abnormality of a monopolistic
or oligopolistic situation in no way cancels the need to safeguard the spaces for
journalistic criticism necessary for the proper functioning of the administration from
punitive power. However it complicates the weighting of values that always
presupposes this limitation in terms of the scope of justification, since it introduces
an element of social abnormality, given that concentrated media can generate total
and singular creations of reality, as happened in the old totalitarianisms. It is not
possible to forget that Pravda was a sole creator of reality and Göbbels abhorrent
principles have not simply ceased to be effective.
120. The weighting of values, necessary to establish the limits of the cause of
justification or legality, is complicated in a region where concentrated media ally with
prevaricating judges, intelligence agents and secret services and set up processes
now known as lawfare, which support coups in Bolivia, exclude opposition leaders
from democratic competition in Brazil or stigmatize others in Argentina.
121. I stress that progress must be made in the protection of the critical press
against the undue advance of the exercise of punitive power, but the weighting of
values, which allows us to define the limits of justification in each case, becomes
more complex. It requires extremely careful attention, given that often we do not
live in societies with media plurality, befitting of the plural democracies that we all
want, but with concentrated media with enormous power to create unique realities,
enhanced by the growing adoption of renewed and more penetrating marketing
methods, use of trolls and advertising targeted through big data. It is obvious that
this complicates the weighting of values because another value also comes into play,
the need to preserve democracy and the rule of law, in the face of fully created
realities that are structured to encourage coups d'état or other less coarse, but
equally effective attempts at dismissal.
122. Nor should we be naive and overlook the fact that strong economic interests
operate in these attempts at destabilizing institutions, because otherwise we would
believe that we are floating in a bucolic lake of calm waters when in reality we are
being lashed and tossed by the impetuous waves of stark forces that compete for
markets or advantages.
123. Although in these conditions the necessary weighting of values is enormously
difficult, I do not believe that it has too much influence in this case, because contrary
33
Amongst many, are the fundamental works on this subject, Peter Berger and Thomas Luckmann,
The social construction of reality, Buenos Aires, 1986, Alfred Schutz, The problem of social reality, Buenos
Aires, 1974; also fundamental Pierre Bourdieu, On television, Barcelona, 1998.
19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents