Argentina Defamation Laws: Civil & Criminal

In Argentina, defamation is handled through both civil and criminal law, but after the 2009 reform Law 26.551, the crimes of calumnia (Article 109) and injurias (Article 110) of the Penal Code carry monetary fines only, never imprisonment, and never apply to expressions about matters of public interest.

Is defamation civil or criminal in Argentina?

Defamation in Argentina is addressed under both criminal and civil law. The Penal Code (Codigo Penal) treats offences against honor as crimes in Articles 109 to 117 bis, dividing them into calumnia (a false accusation of a crime) and injurias (dishonoring or discrediting a person). Separately, a person harmed by a false or injurious statement can sue for money damages under the Civil and Commercial Code (Codigo Civil y Comercial de la Nacion). The two tracks are independent, so a victim may pursue civil compensation even where no criminal conduct is proven. Since the 2009 reform, the criminal track has been substantially narrowed: penalties are fines only, and statements on matters of public interest are excluded from criminal liability altogether, which shifts most genuine disputes toward the civil courts.

What changed after Kimel v. Argentina and Law 26.551

In 2008 the Inter-American Court of Human Rights decided Kimel v. Argentina, finding that Argentina's criminal defamation provisions violated freedom of expression under the American Convention on Human Rights. In response, Argentina enacted Law 26.551, sanctioned on November 18, 2009, which rewrote Penal Code Articles 109 and 110. The reform removed imprisonment as a penalty for calumnia and injurias, leaving only fines, and it expressly provided that expressions referring to matters of public interest (asuntos de interes publico) or that are not assertive can in no case constitute these crimes. Article 110 adds that derogatory qualifications about a person's honor do not constitute injurias when they relate to a matter of public interest.

Watch out: The public-interest carve-out is broad. Criticism of officials, institutions, and matters of genuine public concern is generally outside the scope of criminal calumnia and injurias, even if it is harsh.

Criminal defamation penalties

Under Penal Code Article 109, calumnia is the false attribution to a specific natural person of a concrete crime that gives rise to public prosecution, punishable by a fine of 3,000 to 30,000 pesos. Under Article 110, injurias is intentionally dishonoring or discrediting a specific natural person, punishable by a fine of 1,500 to 20,000 pesos. Both articles state that expressions about matters of public interest, and non-assertive statements, do not constitute the crime. Offences against honor are crimes of private action, meaning the offended party (not a public prosecutor) must initiate and drive the case through a private criminal complaint (querella). There is no imprisonment for these offences after the 2009 reform.

Defences

The most important defence is built into the offence itself: statements on matters of public interest and non-assertive statements cannot be calumnia or injurias under Articles 109 and 110. For calumnia, the falsity of the accusation is an element, so a true accusation of a crime is not punishable. Argentine courts have developed two speech-protective doctrines for civil and criminal cases involving public affairs. The actual-malice standard (doctrina de la real malicia), drawn from comparative constitutional law, generally requires a public official or public figure to prove that a false statement was made with knowledge of its falsity or reckless disregard for the truth. The Campillay doctrine generally shields a media outlet that faithfully attributes information to an identified source, uses conditional language, or withholds the identity of the person implicated.

Retraction and remedies

Penal Code Article 117 provides that a person accused of injurias or calumnia is exempt from penalty if they publicly retract before answering the complaint or at the moment of doing so, and the retraction does not amount to an admission of guilt. In civil cases, a successful claimant may recover money damages, including compensation for non-pecuniary harm to honor and reputation, with the amount set by the judge according to the circumstances. The Civil and Commercial Code also allows a court, at the injured party's request, to order publication of the judgment where that is an appropriate form of reparation. Article 1770 of the Civil and Commercial Code separately protects private life, allowing a court to order someone who arbitrarily interferes with another's privacy to cease and to pay damages.

Limitation period

Criminal offences against honor are subject to the Penal Code's general prescription rules for the relevant penalty. For civil claims, the Civil and Commercial Code sets a general limitation period for civil-liability (tort) actions that runs from when the harm and its author are known; claimants should treat defamation as time-sensitive and confirm the applicable period for their specific claim, because criminal and civil tracks have different deadlines. As of 2026, the safest course is to act promptly rather than rely on a long window.

Online defamation

The same Penal Code and Civil and Commercial Code rules apply to statements published online, including on social media and websites. Argentine courts have addressed the liability of internet intermediaries and search engines in civil cases, generally declining to impose strict liability and instead assessing fault, such as a failure to act after proper notice of clearly unlawful content. Because online statements about public affairs still benefit from the public-interest carve-out and the actual-malice and Campillay doctrines, the analysis online tracks the offline framework.

How to bring a claim

Criminal calumnia and injurias are private-action offences, so the offended party files a private criminal complaint (querella) directly with the competent criminal court rather than relying on a public prosecutor. A civil claim for damages is filed in the civil courts under the Civil and Commercial Code. Because the criminal track is limited to fines and excludes public-interest speech, many claimants seeking compensation pursue the civil route. Given the procedural detail and short timeframes, this is general information rather than legal advice, and a qualified Argentine lawyer should confirm the right forum and deadline.

Frequently Asked Questions

Is defamation a crime in Argentina?

Yes, but a limited one. Calumnia (Penal Code Article 109) and injurias (Article 110) are crimes, but since Law 26.551 (2009) they are punishable by fines only, not imprisonment, and they do not apply to expressions about matters of public interest.

Can you go to jail for defamation in Argentina?

No. After the 2009 reform enacted in response to Kimel v. Argentina, calumnia and injurias carry monetary fines only. Imprisonment was removed as a penalty for these offences.

How much can you sue for defamation in Argentina?

Criminal fines are set by statute: 3,000 to 30,000 pesos for calumnia and 1,500 to 20,000 pesos for injurias. In a separate civil claim under the Civil and Commercial Code, money damages for harm to honor are set by the judge according to the circumstances, with no fixed statutory cap.

Does Argentina protect criticism of public officials?

Yes. Articles 109 and 110 state that expressions on matters of public interest are never criminal defamation, and courts apply the actual-malice (real malicia) and Campillay doctrines to protect speech and reporting on public affairs.

What is the difference between calumnia and injurias?

Calumnia is falsely accusing a specific person of a concrete, prosecutable crime (Article 109). Injurias is intentionally dishonoring or discrediting a specific person without necessarily alleging a crime (Article 110).

Is truth a defence to defamation in Argentina?

For calumnia, falsity is an element of the offence, so a true accusation of a crime is not punishable. More broadly, statements on matters of public interest and non-assertive statements cannot constitute calumnia or injurias at all.

How do you start a defamation case in Argentina?

Criminal calumnia and injurias are offences of private action, so the offended party files a private criminal complaint (querella) directly. A civil damages claim is filed separately in the civil courts under the Civil and Commercial Code.

What is the Kimel case?

Kimel v. Argentina (2008) was a decision of the Inter-American Court of Human Rights holding that Argentina's criminal defamation rules violated freedom of expression. It led directly to Law 26.551, which removed prison sentences and excluded public-interest speech.