Article under a common formula and involve similar principles related to the
functioning of a democratic society. Thus, two important standards for the
dissemination of information about potential private life issues relate to: a) the
different threshold of protection for public officials, especially those who are popularly
elected, for public figures and individuals, and b) the public interest in the actions
taken.
60.
The different threshold of protection of public officials is due to the voluntarily
exposure of these persons to the scrutiny of society, which leads to an increased risk
of damages to their right to private life. In this case, it involved a person who held the
highest elective public office in his country, President of the Nation, and therefore was
subject to greater scrutiny not only regarding his official activities or the exercise of
official functions, but also regarding aspects that, in principle, could be linked to his
private life but revealed matters of public interest.
61.
Moreover, in regard to the public interest, in its jurisprudence the Court has
reaffirmed the protection of freedom of expression of opinions or information on
matters in which society has a legitimate interest of being informed, to know what
affects the functioning of the State, or to know what affects general rights or interests
or entails major consequences. 48 In this case, both the Commission and the
representatives stated that, for various reasons, the information was of public interest,
and thus its dissemination was justified (supra paras. 18 and 23).
62.
The information on the existence of the unacknowledged child of Mr. Menem,
and the latter's relationship with the child and his mother constitute an inseparable and
central element, and the main cause of the facts published by the magazine Noticias
that reported on: a) the provision of large sums of money to these people by the
highest ranking public official of the country, b) the delivery to such persons of
expensive gifts, and c) the alleged existence of negotiations and economic and political
favors to Mrs. Meza’s former husband. This information relates to the integrity of
political leaders, and without the need to determine the possible use of public funds for
personal purposes, the existence of large sums and costly gifts on behalf of the
President of the Nation, as well as the possible existence of negotiations or
interference in a judicial investigation, are issues that involve a legitimate social
interest. Due to the foregoing, for this Court, the information released by the
magazine Noticias is of public interest, and its publication called attention to exercise
social control and legal proceedings in respect to such acts.
63.
Moreover, it arises from the body of evidence in this case that the information
on the "family ties" of the President and the possible paternity regarding Carlos Nair
Meza had been disseminated in different media streams, at least two years prior to
publication in the magazine Noticias in 1995. Indeed, in 1993 a book was published
entitled El Jefe. Vida y obra de Carlos Saúl Menem [The Chief. Life and Work of Carlos
Saul Menem], which tells in detail of the relationship between Mr. Menem and Mrs.
Meza when he was moved inside the country under the military regime and the birth of
their son in 1981; the agreements made by the parents, which included Menem
sending money and silence on behalf of the mother, the campaign for a provincial
representative by Mrs. Meza under the slogan “[si Menem] no le da de comer a su hijo,
que va a hacer por el país”; "[if Menem] does not feed his son, what will he do for the
country]; the offer made by Mr. Menem to recognize the child and the opposition of his
48
Cf. Case of Tristán Donoso V. Panamá, supra note 35, para. 121.
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