The facts of the case concern the judicial sentence for the crime of defamation and injury imposed on Ricardo Canese for protests which he carried out during the electoral debate, which questioned the suitability and integrity of the presidential candidate as a result of his alleged involvement in corruption.

The IA Court developed standards on the content of freedom of thought and expression – in its individual and social dimensions – in particular in the context of an electoral campaign. The IA Court recognized that during the electoral process, it is fundamental that the exercise of the freedom of expression is protected and guaranteed, particular when addressing declarations which relate to matters of public interest and public officials, such as those carried out by Canese.

The IA Court also developed standards on restrictions to the right to freedom of movement, in light of the criterion of legality, necessity and proportionality.