The facts of the case concern the criminal conviction imposed on the journalist Mauricio Herrero Ulloa for defamation, and the civil conviction imposed upon both the journalist and the newspaper “La Nación” for compensation of moral damages following the publication of a series of journalistic articles in which a Cost Rican diplomat was linked to the carrying out of diverse illegal activities.

The IA Court analyzed the validity of the criminalization of the crimes of defamation, calumny, and slander when questions of public interest regarding public functionaries are being addressed. The IA Court identified the particular importance of the freedom of expression in a democratic society, and determined the content of this right as well as the terms upon which its restrictions should be analyzed.

Furthermore, the IA Court developed standards and determined the content of the right to appeal, establishing that this presupposes the existence of an extensive legal resource which permits the Court to carry out a comprehensive and integral analysis of all issues debated and analyzed in the lower tribunal.