Argentina Supreme Court limits anonymity in virtual shaming campaigns

The Supreme Court of Justice of the Nation has set a legal precedent by limiting anonymity in virtual “escraches” (public shaming campaigns) to protect the right to defense. The ruling follows a habeas data claim filed by a student from the National University of La Plata (UNLP) who was accused of abuse through anonymous posts on Facebook and Instagram.

The social media accounts, which used the student's name and photograph, were falsely attributed to a university gender commission. The UNLP clarified that these accounts were not institutional and lacked authorization. While the Federal Chamber of La Plata had previously dismissed the case, arguing the content was of public interest, the Supreme Court overturned that decision.

The Court emphasized that while gender violence is a matter of significant public interest, this does not justify speech that violates an individual's privacy, honor, or right to defense. Consequently, the Court ordered Facebook Argentina S.R.L. to remove the posts and provide identifying data for the account holders, including email addresses, IP addresses, and device information.