but also with regard to those that are unpleasant for the State or any sector of the
population. 128 Thus, any condition, restriction or sanction in this matter must be
proportional to the legitimate aim pursued. 129 Without an effective guarantee of freedom
of expression, the democratic system is weakened and pluralism and tolerance suffer,
monitoring and citizen complaint mechanisms can become inoperative and, ultimately,
a fertile field is created for authoritarian systems to take root. 130
88.
In this respect, the Court notes that Articles 3 and 4 of the Inter-American
Democratic Charter highlight the importance of freedom of expression in a democratic
society, establishing that “ Essential elements of representative democracy include, inter
alia, respect for human rights and fundamental freedoms, access to and the exercise of
power in accordance with the rule of law, the holding of periodic, free, and fair elections
based on secret balloting and universal suffrage as an expression of the sovereignty of
the people, the pluralistic system of political parties and organizations, and the
separation of powers and independence of the branches of government.” Similarly, it
states “Transparency in government activities, probity, responsible public administration
on the part of governments, respect for social rights, and freedom of expression and of
the press are essential components of the exercise of democracy.” 131
89.
In relation to the foregoing, this Court recalls that, since its inception, it has
highlighted the importance of pluralism in the framework of the exercise of the right to
freedom of expression, by pointing out that it implies tolerance and a spirit of
openness, 132 without which there is no democratic society. The relevance of pluralism
has, in turn, been highlighted by the OAS General Assembly in various resolutions, in
which it has reaffirmed that "free and independent media are fundamental for
democracy, for the promotion of pluralism, tolerance and freedom of thought and
expression, and for the facilitation of dialogue and debate, free and open to all segments
of society, without discrimination of any kind”. 133
Cf. Case of "The Last Temptation of Christ" (Olmedo Bustos et al.) v. Chile. Merits, Reparations and
Costs. Judgment of February 5, 2001. Series C No. 73, par. 69, and Case of Lagos del Campo v. Peru.
Preliminary Objections, Merits, Reparations and Costs. Judgment of August 31, 2017. Series C No. 340, par.
117.
128
Cf. Case of “The Last Temptation of Christ" (Olmedo Bustos et al.) v. Chile, supra, par. 69, and Case of
Granier et al. (Radio Caracas Televisión) v. Venezuela. Preliminary Objections, Merits, Reparations and Costs.
Judgment of June 22, 2015. Series C No. 293, par. 140.
129
Cf. Case of Herrera Ulloa v. Costa Rica. Preliminary Objections, Merits, Reparations and Costs. Judgment
of July 2, 2004. Series C No. 107, par. 116, and Case of Bedoya Lima et al. v. Colombia, supra, par. 111.
130
OAS General Assembly, Inter-American Democratic Charter, Resolution AG/RES. 1 (XXVIII-E/01) of
September 11, 2001, Articles 3 and 4.
131
Case of “The Last Temptation of Christ" (Olmedo Bustos et al.) v. Chile, supra, par. 69, and Case of
Granier et al. (Radio Caracas Televisión) v. Venezuela, supra, par. 141.
132
133
Cf., inter alia, OAS General Assembly, Resolutions on the Right ot Freedom of Thought and Expression
and the Importance of the Media AG/RES. 2679 (XLI-O/11) (Approved in the fourth plenary session, held on
June 7, 2011), Operative Paragraph 5; AG/RES. 2523 (XXXIX-O/09) (Approved in the fourth plenary session,
held on June 4, 2009), Operative Paragraph 5; AG/RES. 2434 (XXXVIII-O/08) (Approved in the fourth plenary
session, held on June 3, 2008), par. 5; AG/RES. 2287 (XXXVII-O/07) (Approved in the fourth plenary session,
held on June 5, 2007), Operative Paragraph 5; AG/RES. 2237 (XXXVI-O/06) (Approved in the fourth plenary
session, held on June 6, 2006), Operative Paragraph 5; AG/RES. 2149 (XXXV-O/05) (Approved in the fourth
plenary session, held on June 7, 2005), Operative Paragraph 4.
32