The Buenos Aires Court of Appeals in civil matters condemned several prominent radio, television and digital media companies for infringing an individual's privacy rights by broadcasting his images obtained in the context of a private meeting.
The plaintiff filed a complaint against these companies, seeking a compensation for damages caused by the disclosure of his images obtained at his bachelor party. The plaintiff's friends hired the services of a well-known person for this meeting, who later disclosed inaccurate information through his social accounts.
The District Court imposed a compensation of damages of 710,000 Argentine pesos (approximately $3,620), plus interest and litigation costs. The decision was appealed by both parties.
The Court of Appeals confirmed the District Court's decision. The Court of Appeals decided that the authorisation to tape a meeting does not involve an authorisation to broadcast the recording through social media and/or television. In case of doubt, the existence of a valid authorisation shall be construed restrictively. The fact that the plaintiff knew that the event was being recorded did not mean that he consented to the public disclosure of the event.
In addition, the Court of Appeals rejected the defence invoked by the media companies, stating that the television programme had reproduced information and images that had been made public previously. The Court considered that both the first disclosure and the subsequent broadcasting constituted illegal acts that only led to additional harm to the plaintiff.
Finally, the Court of Appeals stated that there was a irresponsible exercise of the right to inform, infringing the plaintiff's privacy by disclosing his images recorded in the context of a private gathering without his consent. Only in cases where there is an overriding public interest, an invasion of an individual's privacy by the press may be considered justified. In that regard, the Court ruled out the existence of an overriding public interest of society in this specific case. Additionally, as the plaintiff was not a celebrity or a well-known person, there were no reasons that would allow the public to know the facts and details of this private gathering.
For further information on this topic please contact Mariano Peruzzotti or Andrea Sanchez Vicentini at Ojam Bullrich Flanzbaum by telephone (+54 11 4549-4900) or email ([email protected] or [email protected]). The Ojam Bullrich Flanzbaum website can be accessed at www.ojambf.com.