56 102(3) With regard to freedom of expression, the circulation of news from third sources and proof of truth, the representatives stated that: a) the State’s imposition of criminal penalties to protect the honor and reputation of Mr. Przedborski, Costa Rica’s honorary consul, had a chilling effect on freedom of expression and on the publication of news on issues of public interest that involve public officials; b) the convictions delivered against Mr. Herrera Ulloa were based on articles 152 and 149 of the Costa Rican Penal Code; they asserted that he had circulated news reproduced from the foreign press that had described Mr. Przedborski as being implicated in shady dealings. The verdicts also stated that Mr. Herrera Ulloa had merely demonstrated the existence of those foreign publications, but had failed to prove the accuracy of their news; c) when the defense of justification (exceptio veritatis) is used to protect a person discharging public functions, the Convention is violated; this application of the defense of justification violates freedom of expression and the principle of presumption of innocence (Article 8(2) of the American Convention); d) the right to “seek” information must be understood in its broadest sense. “It is entirely normal in the media business for a media outlet to repeat what other media outlets have reported; and it is especially normal for a given country’s media to seek, find and impart news being reported in the foreign press on issues related to their own country, even more so when that country’s public officials are involved”; e) the Costa Rican laws are such that to avoid criminal prosecution and punishment, Costa Rican journalists may delay before reporting news circulated by a foreign medium or an international news agency, even when Costa Rican society has an obvious interest in getting that news. This selfcensorship is incompatible with the concept of freedom of expression; f) the way in which the Costa Rican courts applied the defense of justification (exceptio veritatis) in the instant case strikes at the function of journalists, who keep the public informed. The application of articles 149 and 152 of Costa Rica’s Penal Code by the Third Chamber of the Costa Rican Supreme Court in the January 24, 2001 judgment has had the effect of “criminalizing reporting in a manner that has no place in a democratic society”; g) a law that, without requiring proof of bad faith on the journalist’s part, makes it a crime for a journalist to publish news sourced to other foreign media outlets and containing alleged offenses against a Costa Rican public official, unless the journalist can prove that the information being reported is true, is in violation of Article 13(1) of the Convention. Therefore, a criminal conviction based on such a law is also a violation of Article 13(1) of the Convention; and h) journalist Herrera Ulloa used as his sources four well-known Belgian newspapers; he contacted European newspapers to double-check the news; he tried to contact the diplomat in question, but to no avail; and he