40 127. As previously mentioned, the Inter-American Court has found that “journalism is the 157 primary and principal manifestation of freedom of expression [and] of thought” and that in this sense, 158 the media can be "true instruments of freedom of expression" . In this context, the Commission finds it relevant to submit some additional considerations on the role of the media in contemporary society; on the role of the owners, management, and employees in those media outlets; and on the persons submitted as alleged victims in this case. 128. First, the Commission observes that these days, a significant amount of journalism is done via media outlets. These media outlets are, in effect, associations of persons who have come together to exercise steadily their freedom of expression. At the same time, it is currently very rare for a media outlet to not have the status of a legal person, meaning that restrictions on freedom of expression frequently take place through State actions that formally effect that legal person. In these cases, the Commission has established that in order to understand the impact on freedom of expression, the role of the alleged victims within the media outlet must be analyzed in order to determine if the State action affecting the media outlet as a legal person also by extension had a negative, certain, and substantial 159 impact on the freedom of expression of natural persons . 129. In this sense, it is important to take two additional elements into account. First, there are different types of property owners of a media outlet. Some have made an economic investment in the company but do not have real power to make decisions regarding it, nor do they play any role in defining, producing or disseminating its content. In other cases, in contrast, they have contributed part of their patrimony to create a company that allows them to disseminate ideas and share information, and they exercise their authority to influence the definition, production and issuing of content by the media outlet. Second, journalists or, in the case of a television channel, those appearing on the screen are not the only ones expressing themselves through media outlets. There are multiple roles within a media outlet in which a professional can contribute to the communicative mission of an organization and in this way exercise freedom of expression. 130. Based on these considerations, the Commission will proceed to analyze the role that the alleged victims in this case played in the operation of the television channel RCTV. First, the alleged 160 victims include seven persons who the petitioners presented as RCTV shareholders of which three are 161 also board members at the channel. In addition to being shareholders who participated regularly in the Shareholders General Assemblies, Marcel Granier, Peter Bottome and Jaime Nestares were, at the time the events in this case took place, also members of RCTV's Board of Directors. The functions and authorities of the Board of Directors include naming and removing the General Manager, complying with the decisions of the Shareholder’s General Assembly and ensuring compliance with them, and approving 162 "the company's programming” proposed by the General Manager. As a result, in addition to their authority as shareholders, these individuals also had an active role in making decisions on central RCTV issues, including on its communication policies. The IACHR thus finds that they exercised permanent and real control over RCTV, including ultimately of its editorial content, and that they decided to maintain the broadcaster’s editorial stance even after the statements of President Chávez regarding their ability as 157 Cf. Inter-American Court, Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and 29 American Convention on Human Rights). Advisory Opinion OC-5/85 of November 13, 1985. Series A No. 5, para. 71. 158 Inter-American Court. Case of Ivcher Bronstein v. Peru. Merits, Reparations and Costs. Judgment of February 6, 2001. Series C No. 74, paras. 149-50. 159 IACHR Report No. 114/11 (Admissibility), Marcel Granier et al., Venezuela, Juy 22, 2011. 40; Report No. 72/11, Petition 1164-05, William Gómez Vargas, Costa Rica, March 31, 2011, para. 36. 160 Marcel Granier, Peter Bottome, Jaime Nestares, Jean Nestares, Fernando Nestares, Alicia Phelps de Tovar and Francisco J. Nestares. 161 162 Marcel Granier, Peter Bottome and Jaime Nestares. Annex 3, Minutes of the Special Shareholders General Meeting of RCTV C.A., of August 4, 2006, initial petition from the petitioners received on March 1, 2007, Annex A-1, Articles of Incorporation of RCTV, Article 22.

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