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The National Institute Against Discrimination, Xenophobia, and Racism (INADI) ruled that Channel 9 committed discriminatory acts by denying the promotion of LGBTQ+ content on the program "Flechazo. Amor Oculto" (Love at First Sight). The decision stems from a complaint filed by journalist Franco Torchia , who hosted the show for four months in 2022.

“In a very dangerous ideological climate like the one we are living through, this ruling is cause for celebration and sets a precedent. Any other company that wants to produce a similar television series will think twice. I hope it allows the participation of all kinds of people by default,” the journalist Presentes

In January of this year, Torchia announced via his social media that Canal 9 had fired him from the program he hosted. "Its management maintains a discriminatory policy according to which the show only pairs cisgender heterosexual couples," he stated at the time.

During the television program, in which strangers met to "match" as couples, "those who were not cisgender heterosexual were not allowed to participate," the host criticized. Following this, he denounced that Telearte SA—the company that controls Channel 9—"discriminated against the program's participants (...) based on their sexual orientation, gender identity, and gender expression."

In the complaint he filed with the agency, Torchia stated that "for insisting that this change be made and for insisting that a specific segment featuring trans women be aired" he was removed from his job.

Promoting LGBT content is prohibited.

A witness who has worked at the channel for 26 years promoting programs provided testimony that corroborates the allegations. In her account, she shared the message she received from her boss on November 30th of last year, instructing her not to promote the LGBT program that had aired the previous day . This program featured a meeting between trans women and had aired after Torchia's insistence. "Attention: Please DO NOT USE anything whatsoever from today's LGBTQ+ love story. Thank you very much," the message read.

“It caught my attention because, for the first time in my 26 years here, I had never received a call like this, saying that something couldn't be broadcast,” the woman emphasized.

She also shared another similar situation she experienced, this time regarding Torchia. “I used (for the promo) something super innocent where one of the participants said, 'Well, I came here because I'm a queen.' And there was a comment from Franco saying, 'Here, the only queen is me.' I made the promo, and a little while later my boss called me while they were editing it and said, 'No, no, look, we can't use that song…'” she explained. 

After Torchia, representatives of Telearte and the company K SA (before Kapow) -the content producer-, and the witness gave testimony, Inadi concluded that Canal 9 engaged in discriminatory acts.

"A clear distinction"

"This legal advice concludes that the facts relating to the omission of advertising the lgtbiq+ program are discriminatory in the terms of Law 23,592 (on Discriminatory Acts), complementary and concordant regulations," stated Inadi in a ruling signed on August 28.

In an interview with Presentes , Greta Pena, head of Inadi, stated that “the fact that an order was given not to include the episode featuring members of the LGBTI community in the promotion clearly demonstrates a distinction, a discriminatory treatment. It reveals a certain stance regarding what the entire audience should see and what should be hidden.”

“It’s very common, not only in this area, for visible displays of sexual affection to be rejected or treated this way because there’s a more insidious, more subtle form of discrimination. A certain tolerance is allowed, but in exchange for giving them a silent, marginal place. The classic ‘do whatever you want behind closed doors,’ but when that moves into the public sphere, these kinds of situations arise,” Pena added.

He also indicated that it does not only occur in the media, but also in "public spaces, in bars, in restaurants and any other place that involves the occupation of public space."

Criminal and international bodies

Torchia attended the hearings as an observer and listened to the worker's testimony. “Hearing this same experience from the witness was very re-victimizing for me. What hearing your own experience recounted by someone else is highlighting a lot of violence that I hadn't noticed. But due to some kind of defense mechanism, I hadn't fully grasped what was happening,” she said. 

In addition to the complaint filed with INADI (National Institute Against Discrimination, Xenophobia and Racism), the host filed another complaint with the Judiciary and, along with his lawyer Elba Marcovecchio, submitted a complaint to the United Nations Human Rights Committee . He and his client also believe that "the production company is complicit in the channel's decisions" because "it did not distance itself and was aware of them."

“I think it’s essential to set a precedent. I’ve been reflecting for some time on the terms of LGBTIQ+ representation in the media. In what way, when, how, why, and for what purpose do we appear,” Torchia shared.

In that sense, he sees the media's representation of sexual diversity as "farce." "We're always in a circus ring, even when it seems like what happened to us matters. A homophobic attack in a pizzeria in Palermo makes the news in the mainstream media, while so many other lesbophobic attacks don't," he explained.

She also warned about “the representation of gender expressions. What aesthetics, what appearances, what images, and what types of LGBT people appear in the media and which do not.” And regarding the program, she lamented that it failed to advocate for “the right to dating for trans identities , especially for women.”

“I am convinced that this is the way forward now and the way forward,” he concluded.