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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