Abstract

BENENTE, Mauro. The Conflict Between Right to Intimacy and Freedom of Speech: The Argentinean Case. Cuest. Const. [online]. 2010, n.22, pp.52-77. ISSN 1405-9193.

The present work is intended to advance a criterion which could be used in order to solve some of the tensions between the right to privacy and the freedom of expression, considering the Argentinean case and the insufficiency of the judicial guidelines applied by the Argentinean courts. In order to perform the approach to this criterion, it will be affirmed that the freedom of expression secured by the Argentinean law is founded on a philosophical basis more connected with republicanism than with liberalism, which sees the freedom of expression as a prerequisite for the democratic system. Finally, and once having described the proposed criterion thoroughly, will come the time to put it to the test by means of a resounding case dealt with by the Supreme Court.

Keywords : Freedom of Expression; Right to Privacy; Liberalism; Republicanism; Democracy.