The facts of the case relate to the criminal conviction for libel and subsequent civil liability of Carlos and Pablo Mémoli, after they had published a series of claims in various different media sources referring to the alleged fraud committed by members of the Italian Association of San Andres de Giles city.
The case shows a conflict between the right to freedom of expression and the protection of honor and reputation. The IA Court understood that freedom of expression is not an absolute right, and that in the context of the freedom of information, it is the responsibility of the journalist to reasonably ascertain the facts upon which their opinions are based. Furthermore, the Court considered that both civil and criminal courts can be used to establish liability as long as necessity and proportionality are considered and respected.
A civil procedure for damage was also initiated in response to the application of a provisional measure of general inhibition against Messrs Mémoli on the transfer or encumbering of their assets with the objective guaranteeing eventual payment. This measure remained in force for 17 years, constituting a violation of the principle of a reasonable time period and the right to property.
- Presentation to the IACommission
- Feb 12, 1998
- Submission to the IACourt
- Dec 3, 2011
- IACommission / Merits report: rights violated
ACHR 1.1, 8.1 1.1, 13
- IACourt / Judgment: rights violated
ACHR 1.1, 8.1, 21
- IACourt / Judgment: rights non-violated
ACHR 1.1, 2, 13 1.1, 9 23 24
- Freedom of expression
- Court documents
- Documentos de la comisión
- Geolocalización de los hechos
- Geolocalización de los hechos (linked Place of the events)