65
[t]ransparency 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. 94
116. Thus, the different regional systems for the protection of human rights and
the universal system agree on the essential role played by freedom of expression in
the consolidation and dynamics of a democratic society. Without effective freedom
of expression, exercised in all its forms, democracy is enervated, pluralism and
tolerance start to deteriorate, the mechanisms for control and complaint by the
individual become ineffectual and, above all, a fertile ground is created for
authoritarian systems to take root in society.
3)
The role of the mass media and of journalism with regard to freedom of
thought and expression
117. The media play an essential role as vehicles for the exercise of the social
dimension of freedom of expression in a democratic society, which is why it is vital
that the media are able to gather the most diverse information and opinions. 95 The
media, as essential instruments of freedom of thought and expression, are required
to discharge their social function responsibly.
118. Within this context, journalism is the primary and principal manifestation of
freedom of expression of thought. For that reason, journalism cannot be equated
with the mere delivery of a public service through the practice of university-acquired
knowledge or training. 96 To the contrary, the profession that journalists practice is
the mass media business. 97 The practice of journalism, therefore, requires that the
individual engage responsibly in activities that are indistinguishable from or
inextricably intertwined with the freedom of expression guaranteed in the
Convention. 98
119. The Court has held that it is essential that journalists who work in the media
should enjoy the necessary protection and independence to exercise their functions
to the fullest, because it is they who keep society informed, an indispensable
requirement to enable society to enjoy full freedom and for public discourse to
become stronger. 99
Inter-American Democratic Charter, approved at the first plenary session of the General
Assembly, September 11, 2001, Article 4.
94
95
Cf. Case of Ivcher-Bronstein, supra note 85, para. 149.
96
Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism, supra
note 85, para. 71.
97
The “La Nación” Case. Provisional Measures. Order of the Inter-American Court of Human Rights of
September 7, 2001, Considering 10.
98
Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism,
supra note 85, paragraphs 72 and 74.
99
Cf. Case of Ivcher-Bronstein, supra note 85, para. 150.
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