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Id
157
Title
Pando de Mercado v. Gente Grossa SRL
Date
22/12/2020
Country
ARGENTINA (South America)
Adjudication body
Supreme Court of Final Appeal
Case number
63667/2012/CS1
Main themes
Defamation
Defamation 2
Respect for private life
Type of expression
Newspaper, magazine, or other periodical 2
Parody or pastiche
Political humor 2
Decision direction
Expands expression
Outcome note
No violation of right to honour.
Link to analysis
Summary
Revista Barcelona, an Argentine magazine, published a photomontage in which the face of Maria Cecilia Pando de Mercado was superimposed on the bound and naked body of another woman.
This satirical representation referred to Pando de Mercado protesting her husband’s conviction. He was an Argentine military officer convicted of crimes against humanity and she protested with other convicted officers’ wives, by chaining herself to a State building.
The magazine maintained that it did nothing more than publish the news through satire and parody. The Court concluded that the publication of the photomontage and the phrases did not violate Pando de Mercado’s right to honour as it constituted a political criticism and was protected under the Constitutional rights to freedom of expression.