“Menem”: A Precautionary Battle and a Marval Success Story

In recent years, Argentina’s audiovisual industry has seen a boom in biographical productions—also known as fictionalized biopics—about public figures. Shows like those about Diego Maradona, Monzon, or Fito Paez have faced objections and claims invoking image and privacy protections. This context presents increasing complex legal challenges for production companies, streaming platforms, and legal teams. In this scenario, the Menem case stands out as a paradigm of the legal issues such works can raise.

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Starring Leonardo Sbaraglia as former president Carlos Menem and Griselda Siciliani as Zulema Yoma, the show focuses on Menem’s rise in politics, from his time as governor of La Rioja to his presidency and the key milestones of his administration. The story is told through the eyes of a fictional provincial photographer, played by Juan Minujin, who serves as a witness to events and gradually enters the political inner circle. Created by Mariano Varela and directed by Ariel Winograd, the show offers a compelling and thorough look into the events surrounding the former president’s life.

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Background: The Injunction and Its Impact

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The legal dispute surrounding Menem began when one of the former president’s heirs filed a preliminary injunction. Carlos Nair Menem, son of Carlos Saul, requested the injunction as part of the probate proceedings of his father’s estate. He argued that releasing the show would infringe his father’s image rights and economic rights that—he claimed—were part of the estate, thus requiring the consent of all heirs to be exploited.

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The first instance court initially granted the injunction and temporarily suspended the show’s release until more information clarified the rights involved. Although provisional, the court’s decision reignited discussion in the local audiovisual industry about the effect of such preliminary measures on works based on matters of public interest. The case received extensive media coverage and fueled ongoing debate over the balance between personality rights and artistic freedom.

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Representing Contribution SRL (Claxson Argentina), Marval O’Farrell Mairal’s team, in collaboration with Maspero Abogados, filed a motion requesting the injunction to be lifted. The key arguments included the fact that, according to the submitted authorizations, Carlos Saul Menem had personally granted Claxson the rights to produce the show and use his image during his lifetime, which rendered the injunction unfounded.

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Marval’s legal defense relied on constitutional and international law principles, including freedom of expression, artistic creation, and the public interest of the work. The case required close coordination across practice areas, resulting in a truly interdisciplinary approach. Marval’s Litigation team—and, in particular, the Family and Successions area, led by partners Rodrigo F. Garcia and Martin Vainstein—led the litigation strategy, challenging an injunction that clearly exceeded the scope of the probate proceedings. Simultaneously, the Intellectual Property team—led by Gustavo P. Giay—defended the work as a protected creative piece and asserted Claxson’s right to produce and distribute the show under the principle of freedom of expression. The team worked together with Gabriel Maspero of Maspero Abogados, a specialist in Intellectual Property and Entertainment Law, whose technical contributions were key to reinforcing the defense.

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Grounds for Lifting the Injunction

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The Civil Court ultimately lifted the injunction, accepting the defense’s main arguments. In its ruling, after reviewing the documentation Claxson Argentina submitted, the court found that Carlos Saul Menem himself had granted the transfer of rights for producing a show when he was alive, which excludes these rights from the probate estate.

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The Menem case sets a valuable precedent for the audiovisual industry in Argentina and the region concerning image and privacy protection. For Marval O’Farrell Mairal, this case demonstrates the importance of a sound legal strategy and cross-practice collaboration—in this case, between the Intellectual Property and Family & Succession teams—to protect clients’ interests.
 

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