26
In those cases where the information must come from third parties because
the journalist himself was unable to witness the event or fact, the journalist
must make certain that the versions used in his reporting reflect the event or
fact in question as accurately as possible. A comparison of versions is
essential, as it helps the journalist discharge his obligation of informing the
public and satisfies the public’s right to be informed.
Article 32(2) of the Convention provides that the rights of each person are
limited by the rights of others. The Convention does not make some rights
more important than others, or make rights subordinate to other rights.
Exercise of a right cannot mean the violation of another right. Even Article 13
of the Convention provides that the exercise of freedom of expression, the
articulation of one’s opinions and ideas and the possible ways that one can
express oneself are not without their limits.
In the business where the expert witness worked, it is “the obligation of
journalists and correspondents to draw their information […] from at least two
sources; two sources […] mean[s] that any version of a fact or event obtained
from one source would have to be compared and contrasted with at least one
other news source.” This makes sense in a democratic society, where
information helps build public opinion; a plurality of sources will better
guarantee the quality of the information.
Privacy must be distinguished from private life. “What a public official does in
his private life [...] is indeed reportable information, because it would
generate a public interest. Acts of privacy are not reportable.”
C) EVIDENCE ASSESSMENT
Documentary Evidence Assessment
67.
In this case, as in others, 19 the Court accepts the probatory value of those
documents that were submitted by the parties at the appropriate procedural moment
or as evidence to facilitate adjudication of the case, which was not disputed nor
challenged and the authenticity of which was not questioned.
68.
The evidence submitted during all stages of the proceeding has been included
in a single body of evidence, for it to be considered as a whole, 20 which means that
the documents supplied by the parties with regard to the preliminary objections and
the provisional measures are also part of the body of evidence in the instant case
(supra paragraphs 59 and 60).
69.
The Court is admitting into evidence the affidavit that Laura Mariela González
Picado gave in the presence of a public civil servant, pursuant to the President’s
February 18, 2004 order (supra para. 37), inasmuch as it fits the intended purpose
19
Cf. Case of Maritza Urrutia, supra note 7, para. 52; Case of Myrna Mack-Chang, supra note 7,
para. 128; and Case of Bulacio, supra note 7, para. 57.
20
Cf. Case of Myrna Mack-Chang, supra note 7, para. 129; Case of Bulacio, supra note 7, para. 68;
and Case of Juan Humberto Sánchez. Judgment of 7 June 2003. Series C No. 99, para. 60.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents