Case Summary and Outcome

The Supreme Court of Argentina held that the publication of photographs by a magazine of a renowned political figure violated his right to private life. Renowned politician Ricardo Balbín’s son brought a lawsuit against the publisher and owner of the magazine, Gente y la actualidad, after it published an issue featuring on its cover a photograph of Balbín that was taken while he lay on his deathbed in a hospital. The Court explained that even public figures have the right to keep certain aspects of their lives private, and that publishing these photographs did not serve the public, because the news of Balbín’s death could have been provided to the public without them.

Facts

The widow and son of renowned political figure, Ricardo Balbín, brought a lawsuit against the publisher and owner of the magazine, Gente y la actualidad, after it published an issue featuring on its cover a photograph of Balbín that was taken while he lay on his deathbed in a hospital’s Intensive Care Unit.

Decision Overview

This case holds the distinction of having been one of the first to reach the Supreme Court of Argentina on the issue of the dichotomy between the rights to privacy and freedom of expression and the social right to information.

The Court rooted its holding in the belief that even public figures have the right to keep certain aspects of their lives private and, therefore, determined that the publication of these photographs went beyond the right to information. The Court reasoned that publishing these photographs did not provide a social service, because the news of Balbín’s death could have been provided to the public without them. The Court found that the publication caused immense suffering to the family and conflicted with the undeniably private character of the moment captured.