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BUENOS AIRES, Argentina. Trans actress and media personality Zulma Lobato won a lawsuit for damages against Crónica TV . The lawsuit stemmed from the network filming her without her consent while she was experiencing a medical episode during a 2011 interview. Amid a rise in hate speech against sexual diversity, the trans community is celebrating the ruling.

"This is a historic ruling and a precedent for reparations not only for Zulma and how much she suffered because of her public exposure, but also for our entire population," said transgender communicator Victoria Stefano , in dialogue with Presentes.

Judges Carlos Calvo Costa, Sebastián Picasso and Ricardo Li Rosi of Chamber A of the Civil Chamber confirmed a lawsuit filed by Zulma for damages against Estrellas Satelital SA -the producer of the Crónica TV channel-, the host Anabela Ascar and the producer César Notaro.

The initial ruling of June 7, 2021, ordered Estrella Satelital SA to pay the plaintiff the sum of $300,000 plus interest and costs. Now, the Civil Chamber has upheld this ruling, which was appealed by the defendant.

A decade ago

The incident in question occurred on March 4, 2011, when the artist appeared on the program "Hechos y Protagonistas," hosted by Anabela Ascar. Shortly after, she began to feel unwell, and they continued filming her. The SAME (Emergency Medical Assistance System) doctor asked them to turn off the cameras. She was unable to speak. 

Then, on March 9, this sequence was broadcast on the program. This "caused him the damages for which he is seeking compensation," stated the document signed by the judges.

The Civil Chamber ruled that the images of the broadcast "did not deal with a matter of public interest, since the plaintiff suffered an episode in which her health was compromised."

A torrent of jokes and memes

The judges stated that "Thus, given the absence of consent on the part of the plaintiff, it is clear that in the course of that broadcast, the honor, privacy, and image of Ms. D were harmed."

“Zulma’s on-air meltdown was followed by memes on social media, as always happens when it’s news. Even Aníbal Pachano, a media choreographer, imitated her attack, mocking her on a program. In Argentina, someone without talent, connections, or a stereotypical aesthetic doesn’t make it into the media because they aren’t a marketable product. Zulma’s case was clear: her degraded gender identity was prioritized, allowing her to be exposed and ridiculed by an entire country,” wrote trans activist Violeta Alegre in this article for Presentes.

Right to one's image

For Alejandra Iriarte, director of Rights Protection and Legal Affairs at the Public Defender's Office , "the ruling is very interesting for thinking about highly personal rights, such as the right to one's image, and the responsibility of the media."

Iriarte, in turn, indicated that the Ombudsman's Office receives "many complaints about situations like these," and that in March they reached a peak in complaints about hate speech in the Argentine media .

“The context has been changing. In 2011, we didn’t have the Gender Identity , the Transgender Employment Quota , or the Gender Equality in the Media Law . There is a legal framework and a cultural shift that means transgender and transvestite people are respected and not just seen for sensationalism. We have seen spikes in complaints because there are media outlets that continue to violate rights, but we also have very active audiences,” she noted.

The Ombudsman's Office does not have the power to sanction those who broadcast discriminatory messages. It can offer other types of responses: "We promote restorative measures, which can include training, apologies, or guaranteeing a space for people whose rights have been violated," explained Iriarte.

To file complaints, the agency has a channel available on its website .

A history of violence

"The bringing of a case to trial and a favorable ruling also sets an interesting precedent in the historical development of these forms of violence," adds the transvestite communicator, Stéfano.

"Since the first transvestites appeared in the media, we have suffered countless media violences that range from direct violence and ridicule to criminalization. I think of Cris Miró sitting at Mirtha Legrand's table or Flor de la V being systematically attacked on gossip or comedy programs."

"In a way, this court ruling calls into question what is constructed through communication, what is communicable and what is not, what belongs to private life and what belongs to the public sphere . In a sense, it also opens a window to discuss media violence against trans people," Stéfano adds.