2023-08-29 19:12:24
A person from Cipolletti made offensive comments regarding a professional and was sentenced for affecting the image and honor, the procedure was carried out in the civil sphere. They confirmed that they must compensate the victim since he had the possibility to retract and did not.
As detailed, the sentence made reference to the balance that must exist between freedom of expression and other rights of the same hierarchy such as honor and reputation.
In court it was established that the convicted person must pay him a sum of money that compensates for the moral damage suffered.
They described that the post on the social network was made by a friend of the person who wrote the offensive message. They commented that the author of the post had had dealings with the professional“in the comments of the platform disqualifying adjectives were assigned to the expert«, they confirmed.
Upon receiving the disqualifying messages, the man sent him a document letter asking him to retract but by not doing so, moved forward with a civil lawsuit for damages.
“The professional proved that the message had affected their very personal rights, including image, dignity and honor. And that he had not only harmed him in his area of concern but in his intimate circle, since he had to offer explanations to his family environment, “they established in the ruling.
During the judicial process, they confirmed that the person submitted had the resources to file a complaint with the corresponding agencies if she considered that the professional had not acted with diligence.
The ruling used a precedent from Córdoba that draws a parallel between social networks and the Roman circus. “It is a forum in which you can attack or debate, without a moderator and without the possibility of defense and less counter-proof of the facts (at least immediately), and in which any subsequent refutation would not erase the damage and impact already generated. This should lead us to be especially careful and appeal to equity as a normalizing criterion for a situation that has gotten out of hand,” they detailed in that sentence.
What established the ruling in the Cipolletti trial
In a trial held in Cipolletti they argued that a balance was sought between two rights with constitutional hierarchy. “The first refers to freedom of expression and the second to the honor of the people,” they established.
And they detailed that “The fact that the Constitution enables the publication of ideas on the Internet does not mean impunitysince if in this diffusion other very personal rights are violated, they must answer for the damages, “the ruling stated.
The judgment is of first instance and it is not yet firm because it can be appealed.
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