101
367. Article 13(3) of the American Convention provides that “the right of expression may
not be restricted by indirect methods or means, such as the abuse of government or private
controls over newsprint, radio broadcasting frequencies, or equipment used in the
dissemination of information, or by any other means tending to impede the communication
and circulation of ideas and opinions”. A literal interpretation of this rule allows considering
that it specifically protects communication, broadcasting and circulation of ideas and
opinions; therefore the use of "indirect methods or means" to restrict such aspect of the
right to expression is forbidden. The enumeration of indirect methods provided by Article
13(3) is merely an example and it is not limited to consider “any other means” or indirect
means derived from new technologies. Furthermore, Article 13(3) of the Convention
imposes on the State the obligation to ensure the rights and liberties, even within the
environment of private relationships, since such Article does not only deal with indirect
governmental restrictions, but also “private… controls" producing the same result”335.
368. In this respect, the Tribunal deems that in order for a violation of Article 13(3) of the
Convention to take place it is necessary that the means or mechanism effectively restrict, at
least indirectly, communication and circulation of ideas and opinions.
369. Such declarations, analyzed in the context in which they occurred, contain opinions
on the alleged conduct or participation of Globovisión, or people linked to this television
station, in recent events organized under circumstances of high political bias and social
conflict in Venezuela, which do not form part of the subject-matter of this case (supra para.
72 to 74). Regardless of the situation or reason that generated such statements, in a state
in which the law prevails, the controversial situations must be addressed by means of the
procedures established in the domestic legal system and according to applicable
international standards. In the context of vulnerability surrounding the alleged victims,
certain expressions contained in the statements above mentioned could be conceived as
threats and had a frightening effect or even caused self-censorship, in those people due to
their relationship with said the television station. Lastly, the Court deems that, in
consideration of the criteria mentioned in the above paragraph, those other effects of these
declarations have already been analyzed supra under Article 13(1) of the Convention, in
conjunction with Article 1(1) therein.
B)
Barriers to access to official sources of information of state premises
370. The Commission alleged in its application that, at least, on six occasions the news
teams of Globovisión were restricted to access to official sources of information and to cover
certain stories by the means they consider appropriate in order to impart them, which
constituted undue restrictions to the detriment of the news teams of Globovisión, under
Article 13(1) of the American Convention. Regarding those same facts, the representatives
also allegad the violation of Article 24 of the Convention.
television stations urge the people towards rebellion again, I’ll take [the company] away too. I have the decree
ready. It‘d be better for me if they did, because they would be under military occupation come what may. I would
give immediately an order, take it by force and those inside, if they have got weapons, defend your selves, but
we’re going in with weapons because that’s how a country defends itself”. Cf. Interview for the newspaper "El
Universal” of January 12, 2004 (records of evidence, volume VI, appendix 35, page 1753). In addition, on February
15, 2004 the President acknowledged that they were “ready to take [Globovisión] off the air, operation ready,
armed forces ready, to take down the antennas on [his] orders” and he further said, referring to Globovisión and
another television station that: if you did that again [referring to the coup d’ état of 2002] you would be taken by
the military, no matter what the cost”. Cf. Transcript (records of evidence, volume VI, appendix 37, pages 1857).
335
Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (arts. 13
and 29 of the American Convention on Human Rights). Advisory Opinion OC-5/85 supra notes 59 para. 48
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