Mayorga Ariza v. Solano Peña
Case Law- Country
- Country Location
خط العرض: 3.0016069525797207
خط الطول: -73.96890197152884
- Country Location (مرتبط Case Law)
- Colombia
- Decision Date
- 6 أبريل 2018
- Case Status
- أُغلقت / إنتهت
- Case Outcome Procedural
- Affirmed Lower Court
- Case Outcome (Disposition)
- دفع تعويض من طرف فرد أو كيان لممارسته حرية التعبير
- Keywords
- defamation
- Press and Media
- Public Officials
- Social Media
- Judicial Body
- المحكمة الدستورية
- Case Number
- T-117/18
- Case Summary
The Colombian Constitutional Court ruled that a judge’s right to privacy was violated and her reputation damaged when a journalist published an online article about the judge’s alleged workplace harassment and judicial misconduct. The journalist, Aldemar Solano Peña, had collected information from various employees who claimed they had been mistreated by Judge Gloria Patricia Mayorga Ariza. The article was published on Peña’s blog and Facebook account, and used a personal photo of Mayorga Ariza without her consent. A lawyer, Nasly Johana Huertas, commented on the Facebook post and questioned Mayorga Ariza's ethics. The Court reasoned that the journalist violated the principles of truthfulness and impartiality, required by the right to information, by not verifying the information with other sources and by presenting the facts in a misleading manner. The Court then dismissed Mayorga Ariza’s other “action of tutela” against the lawyer Huertas for her comments, noting that it was simply her personal opinion and reaction to Peña’s article.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.