The facts of the case concern the criminal conviction imposed upon Santander Tristán Donoso, a Panamanian lawyer, as a result of a complaint filed by the former Attorney General for the crimes libel and slander. In July 1986, the public functionary disclosed the contents of a private telephone conversation between Tristán Donoso and a client, prompting the filing of a complaint on the part of Tristán Donoso for the intrusion into his private life and into the freedom of professional practice. The Supreme Court dismissed the former Attorney General, and subsequently admitted the complaint for the crimes of libel and slander presented against Tristán Donoso.

The IA Court recognised that the application of a criminal sanction constitutes an indirect restriction on the freedom of expression, when it addresses expressions relative to public functionaries and regarding matters of public interest. The IA Court also recognised that the disclosure of a private telephone conversation resulted in an affection of the rights to privacy and honor.