When the time comes to resolve, we understand that, such
As the appellant maintains, the grounds of the magistrate in point to the
extremes committed in the case are wrong, which is why we anticipate that the
decision in question will have to be revoked.
Indeed, beyond the classification of the
content published as "political news", "false news" or any other cataloging that
could be attributed to it, the truth is that the search for a solution to the question
raised cannot avoid that these categorizations are exclusive to the intervening
court, in accordance with the laws corresponding nationals.
However, these classifications in no way
They can be extended to territories outside our country, without the risk of
incurring in contradictions and / or breaches of normative frameworks in force in
the recipient state of this kind of measure. Eventually, the validation of a local
order in foreign territory could be achieved through the use of judicial
cooperation mechanisms provided that, as indicated, these possibilities do not
conflict with the law of the nation to which that provision is directed. It is that,
clearly, the central nucleus of this controversy is related to the principle of
territoriality of the law that prevents the possibility of assuming the prerogative of
prohibiting the global propagation of certain contents published by the press,
whose dissemination would be in conflict with the local regulatory framework,
In short, the claim to extend the
extension of a precautionary measure regarding domains or services subject to
foreign law, would imply not only validating a breach of the legal framework in
force in the countries where that order was issued, but also an implicit
acceptance of granting a magistrate - in this case Argentinian- the power to
decide
Signed date: 06/16/2020
Signed by: LEOPOLDO OSCAR BRUGLIA, CHAMBER JUDGE Signed by:
MARIANO LLORENS, CHAMBER JUDGE Signed by: PABLO DANIEL
BERTUZZI, CHAMBER JUDGE
Signed by: MARIA VICTORIA TALARICO, SECRETARY OF THE CHAMBER
# 34649449 # 260473037 # 20200616120654200