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Corte Suprema de Justicia de la Nación, S.622.XXXIII “S.,V. c/ M., D.A. s/medidas precautorias

Closed Mixed Outcome

Key Details

  • Mode of Expression
    Press / Newspapers
  • Date of Decision
    November 30, 1998
  • Outcome
    Affirmed Lower Court, Law or Action Upheld
  • Case Number
    S.622.XXXIII “S.,V. c/ M., D.A. s/medidas precautorias
  • Region & Country
    Argentina, Latin-America and Caribbean
  • Judicial Body
    Supreme (court of final appeal)
  • Type of Law
    Administrative Law, Civil Law, Constitutional Law, International/Regional Human Rights Law
  • Themes
    Content Regulation / Censorship
  • Tags
    Privacy, Public Interest, Freedom of press, Children, Right to Information, Judiciary (protection of) / Contempt of Court, Court Records

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Case Analysis

Case Summary and Outcome

The Supreme Court of Argentina held that the freedom of the press to report information about a child and its father in the context of paternity proceedings may be restricted to protect the child’s right to privacy.  The Court held that where the essential rights of freedom of the press and individual privacy collide, a court must engage in a factual inquiry to determine the stronger interest; when such privacy interest involves a minor’s personal family situation, the dissemination of the information may be prohibited.

This case analysis was contributed by Right2Info.org


Facts

An Argentine lower court had affirmed the prohibition on the press from reporting certain information about a reputed father and child who were the subjects of paternity proceedings. The press argued that this prohibition violated the constitutional protection against censorship of the press, and also hampered reporting on acts of the judiciary.

The Court had to resolve the direct conflict between two values enjoying equal guarantee and protection under the Agentienan Constitution: (1) privacy (particularly of a child), and (2) freedom of the press and expression, and the public’s right to know.

 


Decision Overview

Upholding the lower court decision and ruling that the child’s privacy rights outweighed the public’s right to know her personal family information, the court noted that the conflict between these two rights must be weighed on a case-by-case basis. For example, the lower court noted that the penal law prohibits the publishing of certain information related to the crimes and violations of law by minors, noting that the reasons for confidentiality are even stronger where the case concerns the individual family status of a minor.

The Court rejected the press’s arguments that the prohibition against censorship was an absolute guarantee, and remarked that the general objections of the press based on “freedom of expression” did not specifically refute the issues discussed by the lower court.

The Court also noted that just because someone becomes the matter of a judicial dispute (here, the reputed father), that does not mean that that act constitutes a decision to submit this private matter to public consideration where there are other individuals involved. That is, this prohibition impinging on the freedom of the press was connected with the rights of the minor child, not the presumed father. Further, banning the dissemination of the information in question did not prohibit the spread of thoughts or ideas, nor did it silence a topic related to the public good. Rather, it was the decision of a court not to allow the publishing of personal information connected with the identity of a minor.

The Court noted that the freedom of the press, without censorship, is a transcendent right, but that it cannot be used to violate other essential rights.


Decision Direction

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Decision Direction indicates whether the decision expands or contracts expression based on an analysis of the case.

Mixed Outcome

Global Perspective

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Global Perspective demonstrates how the court’s decision was influenced by standards from one or many regions.

Table of Authorities

Related International and/or regional laws

  • OAS, American Convention on Human Rights, art. 13
  • Convention on the Rights of the Child, art. 3
  • Convention on the Rights of the Child, art. 16
  • International Covenant on Civil and Political Rights, art. 19
  • Convention on the Rights of the Child, art. 8
  • International Covenant on Civil and Political Rights, art. 17

National standards, law or jurisprudence

  • Arg., Constitution of the City of Buenos Aires, art. 12
  • Arg., National Civil and Commercial Procedural Code, art. 164
  • Arg., Law 20.056
  • Arg., Law 48, art. 14
  • Arg., Law 48, art. 15
  • Arg., Fundamental Law, art. 31
  • Arg., Fundamental Law, art. 28
  • Arg., National Justice Regulations, art. 63
  • Arg., National Justice Regulations, art. 66
  • Arg., Law 20.509
  • Arg., Const. Nac. Article 32
  • Arg., Const. Nac. Article 14
  • Arg., Civil Code, art. 15
  • Arg., Const. Nac. Article 18

Case Significance

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Case significance refers to how influential the case is and how its significance changes over time.

The decision establishes a binding or persuasive precedent within its jurisdiction.

Official Case Documents

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