85. Messrs. Mémoli and the representative of the complainants appealed the first instance decision. 121 On November 28, 1995, a hearing was held on the case and, the same day, it was decided to convene another hearing, because “the complainants did not have the opportunity to answer the arguments of the respondents,” and this was held on December 5, 1995. 122 The following day, the presumed victims requested the annulment of the said hearing, indicating that it was not contemplated by law and that, by granting the complainants the opportunity to dispute [their arguments], the respondents were “left in a position of inequality before the law.” 123 86. On December 28, 1995, the Second Appellate Chamber for Criminal and Correctional Matters of the Judicial Department of Mercedes, province of Buenos Aires delivered judgment in second instance. 124 The Chamber referred to the request for annulment filed by Messrs. Mémoli’s lawyers concerning the hearing held on December 5, 1995. In this regard, the Chamber indicated that it had been held because the complainants’ lawyer “had been deprived of considering and disputing the arguments of the other party, because he had made his arguments first [at the hearing held on November 28], thus being placed in a situation of inequality.” In addition, the Chamber indicated that “if new arguments were admitted, logically, the situation would be never-ending” 125 and, therefore, rejected the presumed victims’ request for annulment. 87. Regarding the merits, the Chamber confirmed fully the decision of the first instance court. The Chamber agreed with the considerations of the first instance court concerning the reasons why some of the statements made by the Messrs. Mémoli, issued in two radio programs, four newspaper articles and one document, constituted the offense of defamation (supra paras. 77 to 82), and also confirmed that the other statements for which the presumed victims had been sued did not constitute the offense of either defamation or libel (supra para. 83). In particular, regarding the conviction for defamation resulting from the article entitled “Maniobras de una Comisión Directiva” (supra paras. 75.1 and 77), the Chamber considered that “freedom of the press and the journalist’s duty to provide information” alleged by Pablo Mémoli was no “excuse,” because “the rights recognized by the [Constitution] are not absolute, but end where the rights of third parties begin.” It also indicated that: The first duty of the press is objectivity, and the right to publish its opinions must be implemented within the limits of reasonableness; however, this responsibility is exceeded unnecessarily not only when the journalist is not objective, but also when unnecessarily insulting expressions are used that affect the reputation or rights of third parties. 126 121 Cf. Judgment of the Second Appellate Chamber for Criminal and Correctional Matters of the Judicial Department of Mercedes, province of Buenos Aires, of December 28, 1995, case No. 55,964 (file of annexes to the Merits Report, annex 2, folios 63 to 129). 122 Cf. Record of the hearing of November 28, 1995 (file of proceedings before the Commission, folios 932 to 943); notification of November 28, 1995 (file of proceedings before the Commission, folio 944), and record of the hearing of December 5, 1995 (file of proceedings before the Commission, folios 945 to 951). 123 Request for annulment of December 6, 1995, of the hearing held on December 5, 1995 (file of proceedings before the Commission, folios 952 and 953). 124 Cf. Judgment of the Second Appellate Chamber for Criminal and Correctional Matters of the Judicial Department of Mercedes, province of Buenos Aires, of December 28, 1995, case No. 55,964 (file of annexes to the Merits Report, annex 2, folios 63 and 68). 125 Judgment of Second Appellate Chamber for Criminal and Correctional Matters of the Judicial Department of Mercedes, Province of Buenos Aires, of December 28, 1995, case No. 55,964 (file of annexes to the Merits Report, annex 2, folio 79). 126 Judgment of Second Appellate Chamber for Criminal and Correctional Matters of the Judicial Department of Mercedes, Province of Buenos Aires, of December 28, 1995, case No. 55,964 (file of annexes to the Merits Report, annex 2, folios 89 and 90). 34