Back to Index of Limits on Freedom of Expression

Freedom of expression is protected in Argentina’s National Constitution. Its exercise is restricted by certain actions that the Penal Code considers crimes, such as crimes against the public order or crimes against honor.  No specific limits on speech aimed at undermining another speaker’s freedom of expression were found.

I. Constitutional Protection

In Argentina the right to freedom of expression is protected at the constitutional level by proclaiming that all the inhabitants of the nation are entitled to a number of rights, in accordance with the laws that regulate their exercise, including the right to express their ideas in the press with no pre-publication censorship.[1]  The Constitution further provides that Congress may not enact laws restricting freedom of the press or establishing federal jurisdiction over the press.[2]

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II. Criminal Sanctions on Violations of Freedom of Expression

The Penal Code describes a number of crimes related to freedom of expression.[3] The chapter on crimes against the public order provides for the crime of public intimidation, penalizing with two to six years of imprisonment anyone who, in order to spread general fear or cause a riot or disorder, makes any sign, sounds an alarm, threatens to commit any crime of common danger, or uses any other physical means that would normally produce any such result.[4]  This penalty is increased to imprisonment for three to ten years if explosives or chemical substances were used in the perpetration of the crime.[5]

Anyone who publicly incites collective violence against groups of persons or institutions is sanctioned with imprisonment for three to six years for the incitement alone.[6]

In addition the Penal Code contains an entire chapter on the protection of the right to honor.[7] It sanctions with a fine of 3,000 to 30,000 pesos (about US$67 to $670) anyone who slanders or falsely accuses another of a crime.[8]  Anyone who intentionally dishonors or discredits another is subject to a fine of 1,500 to 20,000 pesos (about US$34 to $454).  However, the sanction does not apply to expressions concerning matters of public interest or those that are not assertive.[9]

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III. Limitations of Freedom of Expression

The constitutional right to freedom of expression is not an absolute right and, according to Supreme Court decisions, may be limited if the limitation (1) is established by law, (2) has a legal purpose, and (3) meets the needs of a democratic society and is proportionate to that need.[10] In addition the Supreme Court has unequivocally established that limitations on freedom of expression must always be interpreted restrictively.[11]

No specific limits on speech aimed at undermining another speaker’s freedom of expression were found.[12]

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Prepared by Graciela Rodriguez-Ferrand
Senior Foreign Law Specialist
June 2019

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Last Updated: 12/30/2020