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Miguel Angel Ekmekdjian v. Gerardo Sofovich, et. al. (Ekmekdjian II)

315 F.C.S. 1492 (1992)

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Miguel Angel Ekmekdjian v. Gerardo Sofovich, et. al. (Ekmekdjian II)

Argentina Supreme Court
315 F.C.S. 1492 (1992)

WW

Facts

[Ed.’s note: this case represents a radical shift in Argentine jurisprudence, with a starkly different result from the Ekmekdjian I case.] During an episode of a popular Argentine show, a guest made some comments regarding the Virgin Mary that were deeply offensive to Miguel Angel Ekmekdjian (plaintiff), who was a devout Catholic. Ekmekdjian wrote a letter in response to the guest’s comments and sent it to the show’s producers and its host, Gerardo Sofovich (defendants), with the expectation that the letter would be read on air. However, Sofovich never read Ekmekdjian’s response letter on air. Ekmekdjian sued Sofovich and the show’s producers, citing the right to reply guaranteed by Article 14 of the American Convention on Human Rights (the convention). Based on the Argentina Supreme Court’s reasoning in Ekmekdjian I—that the right to reply established by the convention was not yet enforceable, because the legislature had not yet acted to regulate it—the lower courts rejected Ekmekdjian’s petition. Ekmekdjian subsequently filed an extraordinary appeal with the Argentina Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Dissent (Belluscio, J)

Dissent (Levene, C.J.)

Dissent (Petracchi and Moline O’Connor, J.J.)

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