A Buenos Aires court sentenced a libertarian influencer for discriminating against a trans woman
The court convicted an influencer for discrimination in digital environments against a trans woman.
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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 the Buenos Aires City Prosecutor's Office, the influencer will have to pay a fine. He has also been prohibited from mentioning or referring to the victim again on any of his platforms or through any public media outlet.
The case was brought to trial by prosecutor Andrea Scanga, head of the Specialized Discrimination Prosecutor's Office of the MPF CABA.
The complaint details how the convicted influencer's post incited "offensive 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 in the street by strangers."
A ruling that sets a precedent
The statement issued by the Public Prosecutor's Office explains: “This is the first conviction of an influencer for discrimination. To reach this decision, the prosecution considered that the individual, abusing his right to freedom of expression, shared a viral image of a trans woman with derogatory comments denying her status as a woman and her right to self-determination.”.
Judge Paula Nuñez Gelvez, head of the Criminal, Contraventional and Minor Offenses Court (PCyF) 21, sentenced the defendant for the offense of discrimination, according to article 71 of the contraventional code.
“It is a very important historical 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 member of the board of directors of the Argentine Federation of Lesbians, Gays, Bisexuals and Trans (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 liabilities established by law,” Rachid explained. “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 that regard, Rachid clarified that Argentine law already establishes the consequences of such conduct. She also noted that the Inter-American Convention on Human Rights defines defamation and slander as crimes when they violate rights such as the right to non-discrimination or the right to gender identity.
Large-scale discrimination
According to the presentation, the post made by the influencer was seen by 75,000 people and had more than 700 hate comments at the time of the complaint, in 2023.
This was taken into consideration by the prosecution, as well as the fact that this is a person who has at least 4 million followers and even received the Martín Fierro “Opinion Influencer” award.
In that regard, Prosecutor Scanga maintained that until the time of the attack, the victim had an unknown social media profile and was subsequently exposed to a massive online presence. She added that the aggressor's conduct on social media violated personal rights such as honor, dignity, image, right to self-determination, and gender identity. She emphasized that the post was an act of discrimination not only against her specifically, 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, based on the coordination of prosecutor Scanga and the participation of the Institute Against Discrimination of the City of Buenos Aires and the LGBT Ombudsman.
“From the institute, we issue opinions. In this case, we participated in the trial. I personally testified, explaining the legal framework regarding discrimination in Argentina,” Rachid stated. “I also explained why these kinds of expressions have such an impact 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 these actions constitute violence under various pretexts, including gender identity. It is a very important ruling, and we hope there will be others along the same lines. We will continue working to put a stop to so much violence and discrimination in all areas, and this includes social media, of course.”.
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