protection of honor through criminal law, which may be legitimate in other cases, is not
consistent with the Convention in the previously described scenario. 179
119. This does not mean, as in the case indicated above, that a speech protected by
public interest such as those referring to the conduct of public officials in the exercise of
their duties, the honor of public officials or of public individuals, should not be legally
protected. 180 Journalistic conduct can produce liability in another legal sphere, such as
in civil law, or require correction or public apologies, for example, in cases of possible
abuses or excesses of bad faith. However, this case involves the exercise of an activity
protected by the Convention, which precludes its criminal characterization and,
therefore, the possibility of being considered a crime and being subject to penalties. In
this regard, it must be made clear that this is not a question of excluding a prohibition
through justification or special permission, but rather of the free exercise of an activity
that the Convention protects because it is indispensable for the preservation of
democracy. 181
120. In this regard, the Court recalls that in the case of Álvarez Ramos v. Venezuela,
it held that, in the case of a speech protected by public interest, such as those referring
to the conduct of public officials in the performance of their duties, the State’s punitive
response through criminal law is not appropriate, under the convention, to protect the
honor of an official. 182 Thus, given that in the present case the alleged victims were
criminally sanctioned for the publication of the article "NO to lies", which was an opinion
piece criticizing the actions of the then President while carrying out his duties, and that
it addressed a matter of public interest, the Court considers that the State is responsible
for the violation of the right to freedom of expression under the terms of Article 13 of
the American Convention.
121. Additionally, the Court considers that the amount of the compensation imposed
in the case in itself constituted an evidently disproportionate sanction in relation to the
protected legal interest. In this regard, the Court recalls that the imposition of this
sanction was applied by the Fifteenth Court, considering that the article "NO to lies"
caused "serious damages" because "it undermines the confidence that people have in
him, and a loss of earnings, due to the future expectation that a statesman derives from
his activities, both public and private.” It is clear, in this sense, that there is no
proportional relationship between the seriousness of the sanction applied and the
protection of the damages that the then President would have suffered to his honor.
122. In addition, the Court notes that the judgment lacks substantiation regarding the
causal relationship between the amount of the compensation, and the alleged “damages
and losses” that the then President would have suffered. Similarly, the State recognized
that “the fact that the criminal proceeding had been filed against El Universo newspaper
constituted a breach of the principle of jurisdiction and legality” (supra, par. 19), in such
a way that the sanction imposed on the newspaper became arbitrary.
123. The Court also confirms that the aforementioned facts affected work at El
Universo, and generated fear about the possibility that the media outlet would be closed,
179
Cf. Case of Álvarez Ramos v. Venezuela, supra, par. 122.
Cf. Case of Herrera Ulloa v. Costa Rica, supra, par. 128, and Case of Álvarez Ramos v. Venezuela,
supra, par. 118.
180
181
Cf. Case of Álvarez Ramos v. Venezuela, supra, par. 124.
182
Cf. Case of Álvarez Ramos v. Venezuela, supra, par. 121.
41