The facts of the case relate to the violation of the right to freedom of expression of Jorge Fontevecchia and Héctor D`Amico, editor and director, respectively, of the weekly general interest publication “Noticias”. The violations concern a civil sentence issued for their responsibility in the publication of two articles which made reference to the existence of an unrecognised child of Carlos Saúl Menem, at that time president of the country.

The IA Court reiterated the need to apply a proportionality test to conflicts that arise between the right to freedom of expression and the protection of privacy. In this case, it was established that the publications in question addressed issues of public interest, and therefore it cannot be considered that there was arbitrary interference in the private life of Mr. Menem.