65
1)
Freedom of Thought and Expression
71. In accordance with the provisions laid out in Article 13 of the Convention the
States may not prevent or restrict, beyond permissible limits, the right of individuals
to “seek, receive, and impart information and ideas of all kinds,” […] either orally, in
writing, in print, in the form of art, or through any other medium of one’s choice.” In
addition, the aforesaid Article sets forth the circumstances under which restrictions
may be imposed on these rights and also regulates prior censorship. On several
occasions, the Court has expressed its opinion on the means by which legitimate
restrictions may be placed on freedom of expression, and on the provisions of Article
13 regarding prior censorship.175
72. As asserted by this Court, “the expression and the dissemination of ideas are
indivisible;”176 therefore, in order to ensure the effective exercise of freedom of
thought and expression, the State may not unduly restrict the right to disseminate
ideas and opinions.
73. In the instant case, in order to ensure the effective exercise of Mr. PalamaraIribarne’s right to freedom of thought and expression, it was not enough for the
State to allow him to write his ideas and opinions. The protection of such right
implied the duty of the State not to restrict their dissemination, enabling him to
distribute his book by any appropriate means to make his ideas and opinions reach
the maximum number of people and, in turn, allowing these people to receive this
information.177
74. The Court has found, in the instant case, that the State committed the
following acts, which circumscribed Mr. Palamara-Iribarne’s right to disseminate
information and ideas, at the time the book entitled “Ética y Servicios de
Inteligencia” (“Ethics and Intelligence Services”) was edited and in the process of
being published and commercialized, to wit: the prohibition to publish the book
pursuant to Article 89 of Ordinance of the Navy No. 487 (supra paras. 63(7), 63(10)
to 63(13)), the oral order to remove “all background information on the book from
the offices of “Ateli” publishing company because it affected “national security and
national defense” (supra para. 63(13)); the seizures ordered and conducted in the
offices of said publishing company and in Mr. Palamara-Iribarne’s home (supra
paras. 63(19) and 63(21)); the elimination of the electronic information from the
computers of Mr. Palamara-Iribarne and the publishing company (supra paras.
175
Cf. Case of Ricardo Canese, supra note 172, para. 95; Case of Herrera-Ulloa, supra note 174,
paras. 108-111; Case of “The Last Temptation of Christ” (Olmedo-Bustos et al.), supra note 147, para.
70; and Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism.
Advisory Opinion OC-5/85, supra note 172, paras. 36-38.
176
Cf. Case of Ricardo Canese, supra note 172, para. 78; Case of Herrera-Ulloa, supra note 174, para.
109; and Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism.
Advisory Opinion OC-5/85, supra note 172, para. 36.
177
Cf. Case of Ricardo Canese, supra note 172, para. 78; Case of Herrera-Ulloa, supra note 174, para.
108; and Case of Ivcher-Bronstein, supra note 173, para. 146.
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