26
123. The IACHR's Special Rapporteur on Freedom of Expression has observed that
freedom of expression is a means for the exchange of information and ideas between individuals and
for mass communication between human beings. 97 In this sense, the Inter-American Court has
stressed that freedom of expression has an individual as well as a social dimension. The first
dimension of the freedom of expression is not limited to the theoretical acknowledgement of the right
to speak and write, but also encompasses the indivisible right to use any appropriate means to spread
thought and cause it to reach the widest audience. 98 With regard to the second dimension of the
right to freedom of expression, i.e., the social dimension, the Court has established that freedom of
expression is a means for the exchange of ideas and information among individuals; it covers the right
to attempt to communicate to others one's point of view, but also implies the right of everyone to be
informed of opinions, stories and news of all kinds. 99
124. The full exercise of the right to express one's own ideas and opinions and to
circulate the available information and the possibility of discussion in an open and unfettered way of
the themes that concern all of us, is a sine qua non for the strengthening, functioning and preserving
of democratic regimes. The formation of public opinion, well-informed and aware of its rights,
citizens' control over public acts and the demands of responsibility on the part of state agents, would
not be possible if this right were not guaranteed. In the same sense, its jurisprudence has stressed
that the democratic purpose of freedom of expression has turned it into a necessary condition to
prevent the spread of authoritarian regimes, to bring about personal and collective selfdetermination 100 and to render operative the "mechanisms of control and citizen complaint". 101
125.
In the present case, the Commission must examine whether the attack against
journalist Luis Gonzalo Vélez Restrepo on August 29, 1996, as well as the subsequent threats and
acts of harassment, violated Mr. Vélez's freedom of thought and expression.
126.
The Commission has held that acts of aggression towards journalists with the aim of
silencing them constitute violations of the victim's freedom of expression as well as of society's right
to unimpeded access to information. 102 Acts of aggression such as those suffered by Mr. Vélez
generate fear for the recording and dissemination of certain information and ideas, to the prejudice of
the unhindered circulation of opinions and views, so vital in a democratic regime. The Inter-American
Court has stressed that in a democratic society "the greatest possible dissemination of news, views
97
IACHR, Inter-American Judicial Framework on the Right to the Freedom of Expression OEA/Ser.L/V/II
IACHR/RELE/INF. 2/09, December 30, 2009, para.14
98
Cf. I/A Court H.R., Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism
(Articles 13 and 29 Inter-American Convention on Human Rights). Advisory Opinion OC-5/85 of November 13, 1985. Series
A No. 5, para.31.
99
Cf. I/A Court H.R., Case of Herrera Ulloa v Costa Rica. Judgment of July 2, 2004. Series C No. 107, para.110;
I/A Court H.R., Case of Ricardo Canese v Paraguay. Judgment of August 31, 2004. Series C No. 111, para.79; I/A Court
H.R., Case of “The Last Temptation of Christ" (Olmedo Bustos et al.) v Chile. Judgment of February 5, 2001. Series C No.
73, para.66.
100
Cf. I/A Court H.R., Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism
(Articles 13 and 29 Inter-American Convention on Human Rights). Advisory Opinion OC-5/85 of November 13, 1985. Series
A No. 5 para.70; Case of Claude Reyes et al. v Chile. Merits, Reparations and Costs. Judgment of September 19, 2006.
Series C No. 151, para.85.
101
Cf. I/A Court H.R., Case of Ríos et al. v Venezuela. Preliminary Objections, Merits, Reparations and Costs.
Judgment of January 28, 2009. Series C No. 194, para.105; I/A Court H.R., Case of Perozo et al. v Venezuela. Preliminary
Objections, Merits, Reparations and Costs. Judgment of January 28, 2009. Series C No. 195, para.116.
102
IACHR, Report on the Human Rights situation in Mexico, September 24, 1998, para.649, p.142. See also
IACHR, Annual Report 1999, Report Nº 50/99, Case 11.739 (Héctor Félix Miranda), Mexico.