EQUITY IN THE REPRESENTATION OF THE GENRES IN THE COMMUNICATION SERVICES OF THE ARGENTINE REPUBLIC

Law 27635

Provisions.




Article 1-Object. The purpose of the present is to promote equity in the representation of genders from a perspective of sexual diversity in communication services, whatever platform is used.

Article 2-Scope. All communication services operated by state management providers and private or non-profit management providers are reached by the provisions of the present law, in accordance with the terms laid down in Law 26,522.

Those under the sphere of Argentina's Radio and Television S.E., Public Content S.E., Telam S.E. and all other national state communications services are included in the state management services. present.

Communication services operated by state management providers are subject to the mandatory regime and private and non-profit management providers to the promotion regime established at the present time.

Article 3-Definition. For the purposes of the present, it is considered equity in the representation of genders from a perspective of sexual diversity to the real equality of rights, opportunities and treatment of people, regardless of their gender identity, orientation sexual or its expression.

In any event, the rights granted by the present may be subject to the correction of the registration provided for in Article 3 of Law 26,743.


Article 4-Principle of equity. Equity in the representation of genders from a perspective of sexual diversity in the access and permanence to the jobs in the communication services operated by state management providers should be applied on the whole of permanent, temporary, temporary, and/or contracted plant personnel, regardless of the hiring mode including driving and/or decision-making charges.

In all cases, a representation of transvestites, transsexuals, transgenders and intersex should be ensured in a proportion not less than one per cent (1%) of the totality of their staff.

Article 5-Failure to comply with the obligations laid down in the present case by those responsible for communication services operated by state management providers shall give rise to the following penalties:

a) Call for attention;

(b) Receipt.

These penalties do not exclude those which may correspond by virtue of the character of the official/to the public/of the offender.


Article 6-Registration and Certificate. The Application Authority shall establish a register of communication services operated by private management providers and issue a certificate of equity in the representation of the genera for those providers which include such a principle in their structures and action plans. The certificate will accredit the implementation and promotion of the provisions of the present, and can be used in all their institutional communication strategies.

The regulation must determine the procedure for registration and validity.

This register has a public character and should be regularly updated.

Article 7-Reports and Requirements. In order to access the register and obtain the certificate provided for in Article 6, the communication services operated by private management providers must produce a report annually showing progress on equity in the representation of the genders from a sexual diversity perspective, detailing compliance with at least four (4) of the following requirements:

a. Personnel selection processes based on respect for the principle of equity in the representation of the genera;

b. Gender-based and gender-diverse employment inclusion policies;

c. Implementation of permanent training in gender and equal and non-discriminatory communication, in accordance with the current regulations;

d. Actions to support the equitable distribution of the care tasks of the working people;

e. Displacement of nursing rooms and/or child care centers;

f. Promotion of the use of gender-inclusive language in the production and dissemination of communication content; and

g. Protocol for the prevention of work and gender violence.

Article 8-Preference. Communication services operated by private management providers to which the certificate of equity is granted in the representation of the genera have a preference in the allocation of official advertising carried out by the public sector The Bank of Argentina and its related companies, without prejudice to the objective criteria and requirements established by the legislation in force in this area, shall be composed of the bodies referred to in Article 8 of Law 24.156.


Article 9-Application Authority. The Executive Branch shall determine the enforcement authority of the present.

Article 10.-Functions of the Application Authority. For the purposes of compliance with the provisions of this Regulation, in respect of communication services operated by State-run providers, the Authority shall:

a. Ensuring compliance with the principle of equity in the representation of genders;

b. To control the equitable distribution of tasks and functions in the communication services;

c. Promote, in conjunction with the relevant agencies, care policies for those who perform in the communication services;

d. Conduct institutional awareness and awareness campaigns for the promotion of equality of persons and the eradication of violence for reasons of gender;

e. Promote the use of gender-inclusive language in the production and dissemination of communication content;

f. To train in gender and equal and non-discriminatory communication to all persons who perform in the communication services, without prejudice to the provisions laid down in law 27,499;

g. Develop protocols, guidelines for action and support materials with a gender and sexual diversity perspective, aimed at transmitting and guaranteeing the principles of equality, equity and non-discrimination;

h. Encourage the dissemination of news and productions with a gender perspective, sexual diversity and interculturality;

i. To seek actions for the prevention of symbolic and media violence in the production and dissemination of content and messages, with a view to gender, sexual diversity and interculturality in the terms of Law 26,485;

j. To promote the exchange of experiences between agencies and institutions at national and international level, including civil society organizations linked to the object of the present;

k. Develop an annual report on the state of compliance with this law, which should be raised to the Bicameral Commission for the Promotion and Monitoring of Audiovisual Communication, Telecommunications Technologies and Digitalization;

l. Apply the sanctions regime established in the present.


Article 11.-Adequation. Communication services operated by state management providers shall adapt their statutory rules and personnel selection procedures to the provisions of this Regulation.

Article 12.-Graduation. Until equity is guaranteed in the representation of the genera, the positions in the communication services operated by state management providers will be covered in a progressive manner, taking into account the vacancies that occur.

In no case shall the charges originated or the contests called before the entry into force of the present be affected.

CHAPTER VI

Final Provisions

Article 13-Regulation. The Executive Branch, within ninety (90) days of the entry into force of this law, must proceed to its regulations.

Article 14. The present shall enter into force upon its promulgation.

Article 15.-Commune to the Executive Branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE 10 DAYS OF THE MONTH OF JUNE OF THE YEAR TWO THOUSAND TWENTY-ONE.


CLAUDIA LEDESMA ABDALLAH DE ZAMORA-SERGIO MASSA-Marcelo Jorge Fuentes-Eduardo Cergnul