Justice overturns legal gag order barring journalists and politicians from discussing AFA leaders

A court in Argentina has overturned a sweeping gag order that prevented journalists and opposition politicians from approaching or contacting senior officials of the Argentine Football Association.

The Criminal Appeals and Guarantees Chamber of San Isidro rejected a ruling issued by Pilar Judge Walter Saettone at the request of AFA President Claudio “Chiqui” Tapia. The original order targeted journalists Nicolas Pizzi, Federico Teijeiro, Bruno Yacono, Luis Gasulla and Mariano Roa, who had published articles about legal cases involving the AFA. It also covered Civic Coalition figures Leandro Camani, Matías Yofe and Facundo Del Gaiso, who filed criminal complaints, including one involving a mansion in Pilar.

The restrictions barred contact with Tapia, treasurer Pablo Toviggino and their families by any means. They also prohibited the journalists and politicians from approaching the men or places where they regularly worked within 500 meters. The order further restricted the collection, reproduction or display of personal information, images or details about the complainants’ private or family lives.

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The restrictions affect their journalistic activity.

In their appeal, the affected journalists argued that the order went beyond protecting private life. Judge Gustavo Herbel, whose opinion was cited in the ruling, said the restrictions affected their profession because the ban could cover not only direct contact with Tapia and Toviggino, but any contact involving them as a subject or reference. He noted that the wording could even prevent them from going to Buenos Aires’ Palace of Justice, located near the AFA headquarters.

Herbel wrote that the restrictions limited the journalists’ freedom of expression, including their ability to investigate and communicate about matters of possible public interest. He said the measures could interfere with reporting and with public oversight of prominent figures in national life. Judges Luis Cayuela and Carlos Blanco joined him in accepting the appeals.

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The prohibition on using personal data would impose a restriction that affects journalistic activity, an essential instrument of the right to information and, therefore, of oversight of the activity carried out by prominent people in national public life.