46.
The Inter-American Court recalls that in its first opportunity to refer to the right
to freedom of expression it emphasized that “the profession of journalism […] involves,
precisely, the seeking, receiving and imparting of information. The practice of
journalism consequently requires a person to engage in activities that define or
embrace the freedom of expression which the Convention guarantees.” In contrast to
other professions, “the practice of journalism is an activity that is specifically
guaranteed by the Convention” and “the practice of professional journalism cannot be
differentiated from freedom of expression. On the contrary, both are obviously
intertwined, for the professional journalist is not, nor can be, anything but someone
who has decided to exercise freedom of expression in a continuous, regular, and paid
manner. 39 The present case involves two journalists who claim the protection of Article
13 of the Convention.
47.
Moreover, the Court recalls that the statements regarding a person’s
qualification to hold office or the actions of public officials in the performance of their
duties are afforded greater protection, among others, so that debate in a democratic
system is encouraged. Moreover, the Court has pointed out that in a democratic
society political and public personalities are more exposed to scrutiny and the criticism
of the public. This different threshold of protection is due to the fact that they have
voluntarily exposed themselves to a stricter scrutiny. Their activities go beyond the
private sphere to enter the realm of public debate. This threshold is not only based on
the nature of the individual but also on the public interest inherent in the actions
performed. 40
48.
For its part, Article 11 of the Convention, provides that everyone has, among
others, the right to private life and prohibits any arbitrary or abusive interference in
the private life of persons, stating many areas such as the private life of a person’s
family, home, or correspondences. The scope of privacy is characterized as being free
and immune to invasions or abusive or arbitrary attacks by third parties or public
authority 41 and may include, among other dimensions, the freedom to make decisions
related to various areas of a person’s life, a peaceful personal space, the option of
reserving certain aspects of private life, and control of the dissemination of personal
information to the public.
49.
In addition, Article 11(2) of the first American Convention protects the
individual against arbitrary interference or possible abuse of the State. Nevertheless, it
does not mean that the State meets its treaty obligations by merely refraining from
such interference. Furthermore, Article 11(3) of the Convention imposes on States the
duty to provide the protection of the law against those interferences. Consequently,
the State has an obligation to guarantee the right to privacy through positive actions,
which may involve, in some cases, the adoption of measures to ensure that private life
39
Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism, supra
note 35. Serie A No. 5, paras. 72 to 74.
40
Cf. in previous drafts, Case of Herrera Ulloa V. Costa Rica, supra note 36, paras. 128 and 129, and
Case of Tristán Donoso V. Panamá, supra note 35, para. 115.
41
Cf. Case of Ituango Massacres V. Colombia. Preliminary Objection, Merits, Reparations and Costs.
Judgment of July 1, 2006. Serie C No. 148, paras. 193 and 194, and Case of Tristán Donoso V. Panamá,
supra note 35, para. 55.
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