Tension between right to privacy and right to freedom of information.

Abstract

Abstract:The article develops elements linked to civil liability arising from the tension between the right to privacy and the right to freedom of information, since the consideration of the jurisprudence developed in Argentina from public knowledge that “Noticias” magazine made about the existence of President Carlos Menem’s illegitimate son. Issues related to the limits and prevalence of both rights as well as their violations that might arise by the public knowledge of this information because of its public importance, which is also considered and analyzed.
Finally, the doctrine of actual malice is discussed in its different components to advance as conclusions about the tension developed at the beginning.