honor has been affected to have recourse to the judicial mechanisms that the State has
established to protect it. 235 In addition, Article 11(3) of the Convention specifically imposes on
States the duty to provide the protection of the law against such interference. The State is
obliged to guarantee to those who feel that their right to honor has been harmed, the
appropriate judicial mechanisms to establish the corresponding responsibilities and
punishments. If it does not do so, the State could incur international responsibility.
Consequently, the State has the obligation to ensure the right to honor and reputation by
positive actions, which may entail, in some cases, the adoption of measures designed to
ensure this right, protecting it from the interference of public authorities, as well as of private
individuals or institutions, including the media. 236
126. The Court reiterates its consistent case law, to the effect that “it does not find that a
punishment in relation to the expression of information or opinions is contrary to the
Convention.” 237 Both the civil and the criminal jurisdiction are legitimate, under certain
circumstances, and insofar as they meet the requirements of necessity and proportionality, as
a means for the subsequent imposition of liability for the expression of information or opinions
that affect honor or reputation. 238 While Article 13(2)(a) of the Convention establishes that
“respect for the rights or reputations of others” may be grounds for the subsequent imposition
of liability for the exercise of freedom of expression, 239 Article 11 of the Convention
establishes the protection of the honor and dignity of everyone (supra para. 124).
Consequently, as it has established in other cases, the protection of the honor and reputation
of everyone constitutes a legitimate purpose for the subsequent imposition of liability
pursuant to this provision of the Convention. 240 This Court has also established that the
criminal jurisdiction may be appropriate to safeguard the right that it is intended to protect, to
the extent that it is able to contribute to achieve this objective. 241
127. Both freedom of expression and the right to honor, which are both rights protected by
the Convention, are extremely important; hence both rights must be guaranteed in a way
that ensures that they coexist harmoniously. 242 Each fundamental right must be exercised
respecting and safeguarding the other fundamental rights. The State plays a central role in
this process of harmonization, endeavoring to establish the necessary responsibilities and
235
Cf. Case of Ricardo Canese v. Paraguay. Merits, reparations and costs. Judgment of August 31, 2004. Series
C No. 111, para. 101, and Case of Usón Ramírez v. Venezuela, supra, para. 46.
236
Cf. Case of Fontevecchia and D’Amico v. Argentina, supra, para. 49.
237
Case of Kimel v. Argentina, supra, para. 78, and Case of Fontevecchia and D’Amico v. Argentina, supra,
para. 55.
238
Cf. Case of Fontevecchia and D’Amico v. Argentina, supra, para. 49
239
The United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion
and expression has ruled similarly. See, for example, Report of the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression, Frank La Rue, A/HRC/14/23, 4 June 2012, para. 80;
Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression,
Ambeyi Ligabo, ‘‘Promotion and protection of all human rights, civil, political, economic, social and cultural rights,
including the right to development,” A/HRC/7/14, February 28, 2008, para. 39, and Report of the Special Rapporteur
on the promotion and protection of the right to freedom of opinion and expression, Ambeyi Ligabo, implementation of
General Assembly resolution 60/251 of 15 March 2006 entitled “Human Rights Council,” A/HRC/4/27, 2 January 2007,
para. 46.
240
Cf. Case of Herrera Ulloa v. Costa Rica, supra, para. 120, and Case of Fontevecchia and D’Amico v.
Argentina, supra, para. 53.
241
Cf. Case of Kimel v. Argentina, supra, para. 78, and Case of Fontevecchia and D’Amico v. Argentina, supra,
para. 53.
242
Cf. Case of Kimel v. Argentina, supra, para. 51, and Case of Fontevecchia and D’Amico v. Argentina, supra,
para. 50.
51
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