Argentina: Recent Decree Threatens Access to Public Information and Undermines Freedom of Expression

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This article was kindly written for Media Defence by Fundación Transparencia Activa, an Argentine NGO that promotes transparency and access to public information.

In September 2024, the government of Argentina, led by President Javier Milei, issued Decree 780/2024, which modifies the regulations of the Law on Access to Public Information. This change has sparked an intense debate over freedom of expression, transparency, and the protection of personal data of those requesting information. The decree emerges amid continued stigmatising attacks on the press, under the stated aim of “streamlining the state.” However, its effects point to a concerning erosion of fundamental rights.

Restrictions on Access to Information and Anonymity

One of the most controversial aspects of Decree 780/2024 is the requirement for anyone requesting information to verify their identity before filing a request for information. This decree mandates that citizens, journalists, former officials, and others involved in promoting transparency must now comply with a state-controlled monitoring system. As a result, they will need to register in the system, becoming subject to scrutiny and potentially facing sanctions. The government has justified this measure by claiming it aims to avoid what it refers to as “annoying requests” concerning officials’ privacy or an alleged overload in the information access system—something contradicted by official data, as there has been no significant increase in access to information requests.

The Argentine NGO, Fundación Transparencia Activa, has highlighted how these restrictions on anonymity compromise privacy and create an environment of information censorship – especially for journalists investigating public matters. The mandatory identification of those requesting information severely affects the right to information and the exercise of freedom of expression, fostering a climate of self-censorship due to fear of reprisals.

A Judicial System That Avoids Addressing the Core Issue

The new decree has also exposed tensions between the Executive and civil society. In 2023, Fundación Transparencia Activa initiated a strategic legal case in defence of the anonymity of people requesting access to public information. However, the Argentine judiciary denied the NGO’s standing to represent affected citizens, arguing there was no specific case. This matter is still pending review by the Supreme Court of Justice.

The situation worsened with the passing of Decree 780/2024, as the Foundation has requested its declaration of unconstitutionality, arguing that it formalises a persecutory intent behind the identification of people requesting information. Despite this, the judiciary has so far avoided ruling on the substance of the matter. It has used formal arguments to steer clear of a debate that could set important precedents on the right to privacy and freedom of expression.

Threats to Freedom of Expression in Argentina

The approval of this decree and the lack of judicial response endanger citizens’ right to be informed about public affairs. This right, essential for the functioning of any democracy, is now severely threatened in Argentina. Fundación Transparencia Activa continues to warn of the dangers posed by these measures, which limit access to information and restrict the flow of news and investigations, particularly affecting the press and communicators.

Given this situation, civil society and human rights organisations should intensify their efforts to protect freedom of expression and ensure that the state does not use legal tools to infringe on citizens’ fundamental rights.

Media Defence provided financial support for this case.

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