The Buenos Aires court sentenced a libertarian influencer for discriminating against a trans woman.
The court sentenced an influencer for discriminating against a trans woman in digital environments.
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BUENOS AIRES, Argentina. In a landmark ruling, libertarian influencer Manuel Jorge Gorostiaga (@danannoficial on social media) was convicted of discrimination. This is the first conviction for discrimination in digital environments.
According to information released by the Buenos Aires City Public Prosecutor's Office, the influencer must pay a cash fine. He was also banned from mentioning or referring to the victim again on any of his platforms or media outlets.
The case was brought to trial by prosecutor Andrea Scanga, head of the Specialized Discrimination Prosecutor's Office of the Buenos Aires City MPF.
The complaint states how the convicted influencer's post incited "harmful and derogatory comments toward her and the group she represents." It also explains that on more than one occasion she was afraid "of being attacked on the street by strangers."
A precedent-setting ruling
The statement issued by the MPF explains: "This is the first conviction of an influencer for discrimination. To reach this conclusion, the prosecutor's office took into account that the aforementioned, abusing his right to freedom of expression, made the image of a trans woman viral with derogatory comments, denying her status as a woman and her right to self-determination."
Judge Paula Nuñez Gelvez, head of the 21st Criminal, Contraventional and Offenses Court (PCyF), sentenced the defendant for the violation of discrimination, according to article 71 of the Contraventions Code.
"This is a very important, historic ruling because it sets a precedent regarding the justice system's response to violence and discrimination on social media," said María Rachid, head of the Institute Against Discrimination of the Ombudsman's Office (Autonomous City of Buenos Aires) and a member of the board of directors of the Argentine Federation of Lesbians, Gays, Bisexuals, and Transgender People (FALGBT).
“The Inter-American Convention on Human Rights, in its article on freedom of expression, first establishes the principle of freedom of expression. But it also states that when these expressions harm the rights or reputation of others, there must be subsequent liability established by law,” Rachid said. “It establishes that there can be no prior censorship. But there are subsequent liabilities when these expressions harm the rights of others or the reputation of another person.”
In this regard, Rachid clarified that Argentina's legal system establishes the consequences of these behaviors. He also noted that the Inter-American Convention on Human Rights establishes the crime of slander and libel when rights such as the right to non-discrimination or the right to gender identity are violated.
Large-scale discrimination
According to the presentation, the influencer's post was viewed by 75,000 people and received more than 700 hate comments at the time of the complaint in 2023.
This was taken into consideration by the prosecutor's office, as this is a person who has at least 4 million followers and even received the Martín Fierro "Opinion Influencer" award.
In this regard, Prosecutor Scanga maintained that until the time of the attack, the victim's social media profile was unknown and was widely exposed. The attacker's conduct on social media violated personal rights such as her honor, dignity, image, right to self-determination, and gender identity. She emphasized that the post was an act of discrimination not only against her in particular, but against the entire trans community.
A limit to violence
Rachid said it was important to highlight the work carried out by the Specialized Prosecutor's Office Against Discrimination of the City of Buenos Aires, coordinated by Prosecutor Scanga and with the participation of the Institute Against Discrimination of the City of Buenos Aires and the LGBT Ombudsman's Office.
“At the institute, we issue opinions. In this case, we participated in the trial. I personally went to testify, explaining the legal framework for discrimination in Argentina,” Rachid said. “I also explained why and what impact these types of expressions have on the lives of trans people in our country and around the world.”
Rachid emphasized why a ruling of this nature sets a precedent. “It also explains why it constitutes violence under various pretexts, including gender identity. It's a very important ruling, and we hope there will be others along these lines. We will continue working to limit such violence and discrimination in all areas, and this includes social media, of course.”
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