99. Additionally, in the framework of freedom of information, the Court considers that
there is a duty for journalists to verify in a reasonable manner, although not necessarily
exhaustively, the facts on which they base their information. 154 In other words, it is valid
to demand fairness and diligence in the verification of sources and the search for
information. This implies the right not to receive a manipulated version of events.
Therefore, journalists have a duty to keep a critical distance from their sources and check
them against other relevant data. 155
A.2.3. Permissible restrictions on freedom of expression and the
application of subsequent liabilities
100. The Court has reiterated that freedom of expression is not an absolute right. Article
13(2) of the Convention, which prohibits prior censorship, also provides for the possibility
of demanding subsequent liability for the abusive exercise of this right, including to ensure
"respect for the rights or reputation of others" (paragraph (a) of Article 13(2)). These
restrictions are of an exceptional nature and must not limit, beyond what is strictly
necessary, the full exercise of freedom of expression and become a direct or indirect
mechanism of prior censorship. 156 In this sense, the Court has established that such
subsequent liabilities can be imposed, insofar as the right to honor and reputation could
have been affected. 157
101. Article 11 of the Convention establishes, in effect, that every person has the right
to the protection of their honor and recognition of their dignity. The Court has indicated
that the right to honor “recognizes that every person has the right to respect, prohibits
any illegal attack against honor or reputation and imposes on the States the duty to
provide the protection of the law against such attacks. In general terms, this Court has
indicated that the right to honor is related to self-esteem and worth, while reputation
refers to the opinion that others have of a person.” 158
102. In this sense, this Court has held that “both freedom of expression and the right
to honor, both rights protected by the Convention, are extremely important, hence both
rights must be guaranteed in a way that ensures they coexist harmoniously." 159 Every
fundamental right must be exercised with respect and safeguarding of other fundamental
rights. 160. Therefore, the Court has indicated that “the solution to the conflict arising
between some rights requires examining each case in accordance with its specific
154
Cf. Case of Kimel v. Argentina, supra, par. 79, and Case of Mémoli v. Argentina. Preliminary Objections,
Merits, Reparations and Costs. Judgment of August 22, 2013, Series C, No. 265, par. 122.
Cf. Case of Kimel v. Argentina, supra, par. 79, and Case of Granier et al. (Radio Caracas Televisión) v.
Venezuela, supra, par. 139.
155
Cf. Case of Herrera Ulloa v. Costa Rica, supra, par. 120. Case of Álvarez Ramos v. Venezuela. Preliminary
Objections, Merits, Reparations and Costs. Judgment of August 30, 2019. Series C No. 380, par. 101.
156
157
Case of Mémoli v. Argentina, supra, par. 123, and Case of Álvarez Ramos v. Venezuela, supra, par. 101.
Cf. Case of Tristán Donoso v. Panama. Preliminary Exceptions, Merits, Reparations and Costs. Judgment
of January 27, 2009. Series C No. 193, par. 57, and Case of Álvarez Ramos v. Venezuela, supra, par. 102.
158
159
Cf. Case of Kimel v. Argentina, supra, par. 51, and Case of Álvarez Ramos v. Venezuela, supra, par. 103.
160
Cf. Case of Kimel v. Argentina, supra, par. 75, and Case of Álvarez Ramos v. Venezuela, supra, par. 103.
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