7 community to be sufficiently informed when it exercises its options. Therefore, it is possible to state that a society that is not well informed is not fully free.2 9. The social communication media contribute to realization of freedom of expression, so the conditions under which they function must be in accordance with the requirements of that freedom.3 10. It is crucial for journalists who work for the media to enjoy the necessary independence and protection to fully perform their functions, since it is they who keep society informed, and this is an indispensable requirement for society to enjoy full liberty and to strengthen public debate.4 11. The Court has ordered protection of a plurality of persons who have not been named previously, but who are identifiable and can be determined, and who are in a situation of grave danger.5 To effectively ensure the rights set forth in the American Convention, the State Party has the obligation to protect all persons under its jurisdiction, both with respect to actions by its own agents and regarding actions by private third parties.6 12. Before adopting urgent measures, the President granted the State a period to send its observations on the request for provisional measures filed by the Commission (supra Having Seen 4), and the State made no observations on the matter. 13. After examining the facts and circumstances that gave rise to the President’s August 3, 2004 Order (supra Having Seen 5), the Court deems that there continues to be, prima facie, a threat to the lives, safety, and freedom of expression of all the journalists, management, and workers of Radio Caracas Televisión, as well as those of other persons in the facilities of said broadcaster or who are associated with the journalistic operation of this broadcaster. The prima facie standard of assessment in 2 See Case of Herrera Ulloa. July 2, 2004 Judgment. Series C No. 107, para. 112; Matter of Luisiana Ríos et al. (Radio Caracas Televisión-RCTV-). Urgent Measures. July 27, 2004 Order of the President of the Inter-American Court of Human Rights, Whereas nine; Matter of “El Nacional” and “Así es la Noticia” Newspapers. Provisional Measures. July 6, 2004 Order of the Inter-American Court of Human Rights, Whereas nine; and Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and 29 American Convention on Human Rights). Advisory Opinion OC-5/85 of November 13, 1985. Series A No.5, para. 70. 3 See Matter of Luisiana Ríos et al.(Radio Caracas Televisión-RCTV-), supra note 2, Whereas ten; Matter of “El Nacional” and “Así es la Noticia” Newspapers, supra note 2, Whereas ten; and Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism, supra note 2, para. 34. 4 See Case of Herrera-Ulloa, supra note 2, para. 119; and Case of Ivcher-Bronstein. February 6, 2001 Judgment. Series C No. 74, para. 150. 5 See Matter of “El Nacional” and “Así es la Noticia” Newspapers, supra note 2, Whereas eleven; Matter of the Pueblo indígena de Sarayaku. Provisional Measures. July 6, 2004 Order of the InterAmerican Court of Human Rights, Whereas nine; and Matter of the Pueblo indígena de Kankuamo. Provisional Measures. July 5, 2004 Order of the Inter-American Court of Human Rights, Whereas nine. 6 See Matter of Carlos Nieto et al.. Provisional Measures. July 9, 2004 Order of the Inter-American Court of Human Rights, Whereas nine; Case of Carpio-Nicolle et al.. July 8, 2004 Order of the InterAmerican Court of Human Rights, Whereas seven; and Matter of “El Nacional” and “Así es la Noticia” Newspapers, supra note 2, Whereas twelve.

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