Yes, using fake names on social media in Argentina is generally legal under specific conditions, but it is strictly regulated by the Personal Data Protection Law (Law No. 25,326) and the Civil and Commercial Code.
Under Argentine law, anonymity is permitted if it does not infringe on third-party rights or public order. The Agencia de Acceso a la Información Pública (AAIP), Argentina’s data protection authority, enforces these rules, particularly when fake identities are used to disseminate false information or engage in illegal activities. A 2026 amendment to the Digital Security Framework further clarifies that platforms must verify user identities upon judicial request, though proactive verification remains optional. Courts have consistently upheld anonymity rights when exercised in good faith, but penalties apply for defamation, fraud, or incitement to violence under the Penal Code.
Key Regulations for Using Fake Names on Social Media in Argentina
- Personal Data Protection Law (Law No. 25,326): Requires that fake identities do not process or disclose personal data without consent, except in cases permitted by law (e.g., whistleblowing). The AAIP may impose fines of up to ARS 100 million for violations.
- Civil and Commercial Code (Art. 1778): Prohibits the use of false identities to deceive others in contractual or tortious contexts. Courts may order damages or injunctions against users misrepresenting themselves for fraudulent purposes.
- Digital Security Framework (2026 Amendment): Mandates that social media platforms retain user identity records for at least 2 years upon government request, though platforms are not obligated to verify identities preemptively. Non-compliance may result in platform bans or legal liability.