56
146. Regarding the content of the right to freedom of thought and expression,
those who are protected by the Convention have not only the right and freedom to
express their own thoughts, but also the right and freedom to seek, receive and
disseminate information and ideas of all types. Consequently, freedom of expression
has both an individual and a social dimension:
it requires that, on the one hand, no one may be arbitrarily harmed or impeded from
expressing his own thought and therefore represents a right of each individual; but it
also implies, on the other hand, a collective right to receive any information and to
know the expression of the thought of others95.
These two dimensions must be guaranteed simultaneously.
147. With regard to the first dimension of the right embodied in the said article,
the individual right, freedom of expression is not exhausted in the theoretical
recognition of the right to speak or write, but also includes, inseparably, the right to
use any appropriate method to disseminate thought and allow it to reach the
greatest number of persons. In this respect, the expression and dissemination of
thought and information are indivisible, so that a restriction of the possibilities of
dissemination represents directly, and to the same extent, a limit to the right to free
expression96.
148. Regarding the second dimension of the right embodied in Article 13 of the
Convention, the social element, we should indicate that freedom of expression is a
medium for the exchange of ideas and information between persons; it includes the
right to try and communicate one’s points of view to others, but it implies also
everyone’s right to know opinions, reports and news. For the ordinary citizen, the
right to know about other opinions and the information that others have is as
important as the right to impart their own 97.
149. The Court considers that both dimensions are of equal importance and should
be guaranteed simultaneously in order to give total effect to the right to freedom of
expression in the terms of Article 13 of the Convention 98. The importance of this
right is further underlined if we examine the role that the media plays in a
democratic society, when it is a true instrument of freedom of expression and not a
way of restricting it; consequently, it is vital that it can gather the most diverse
information and opinions.
150. Furthermore, it is essential that the journalists who work in the media should
enjoy the necessary protection and independence to exercise their functions
comprehensively, because it is they who keep society informed, and this is an
indispensable requirement to enable society to enjoy full freedom.
95
Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism
(Articles13 and 29, American Convention on Human Rights). Advisory Opinion OC-5/85 of November 13,
1985. Series A No. 5, para. 30; and “The Last Temptation of Christ” case (Olmedo Bustos et al.), supra
note 6, para. 64
96
Cf. “The Last Temptation of Christ” case (Olmedo Bustos et al.), supra note 6, para. 65.
97
Cf. “The Last Temptation of Christ” case (Olmedo Bustos et al.), supra note 6, para. 66.
98
Cf. “The Last Temptation of Christ” case (Olmedo Bustos et al.), supra note 6, para. 67.
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