48. In this regard, it should be recalled that international case law –reiterated in the
instant case- has consolidated a standard according to which the exercise of
freedom of expression enjoys an extra level of protection when it concerns
discussions on matters of general or political interest. 34 More specifically, there is
a noticeable trend in international jurisprudence concerning the conflict between
freedom of expression and the protection of the honor of public officials, which
gives precedence to freedom of expression.
49. Such precedence, even if it definitively rules out the applicability of criminal
measures, does not imply that the honor of public officials is left entirely
unprotected by the law. It only means that its safeguarding and the possible
limitations to freedom of expression, in situations involving the attribution of
offenses or offensive acts, should be restricted to areas other than criminal law. In
this sense, the decision to rectify the information and guarantee the right of reply
emerge as doubly beneficial alternatives, contemplated in Article 14 of the
Convention 35 because, in addition to not causing the silencing of opinions, they
encourage debate, promoting the pluralism of ideas, opinions and information.
50. In the instant case, 36 the Court has reinforced the previous standard, indicating that
public figures are exposed to a more demanding public scrutiny of their conduct. 37
It should be emphasized, once again, that this does not mean in any way that the
honor of public officials and public figures should not be protected, but rather that
(i) criminal prosecution, in certain circumstances, is not suitable for this purpose
and (ii) that measures of greater accountability must conform to the basic principles
of democratic pluralism, which require that the State and its agents be open to
public criticism and to accountability in the exercise of their public functions. 38
51. In the European sphere, the main precedent for the debate on offenses against
public officials and the protection of honor is to be found in the case of Lingens v.
Austria. 39 Briefly, this case involved the conviction of a journalist for defamation,
following his harsh criticism of politicians with a past linked to Nazism and his use
of expressions such as “vile opportunism,” “immoral” and “unworthy.” The
European Court of Human Rights ("ECHR") decided that the conviction of a
journalist by the Austrian courts constituted a violation of Article 10 of the European
Convention, ruling that the limits of acceptable criticism are significantly more
flexible in the case of political agents, as opposed to private individuals.
52. According to the ECHR, politicians knowingly lay themselves open to close scrutiny
of their every word and deed by both journalists and the public at large; they must
therefore, display a greater degree of tolerance of criticism and adverse opinions.
According to the ruling, this does not mean that the reputation of a political agent
should not be protected, even in cases where he acts within the sphere of his public
Judgment, §108.
Judgment, §107. In this regard, see the Case of Moya Chacón et al. v. Costa Rica. Preliminary objections,
merits reparations and costs. Judgment of May 23, 2022. Series C No. 451. Concurring opinion of Judge Ricardo
C. Pérez Manrique. §19-22.
36
Judgment, §111.
37
Inter-American Court. Case of Herrera Ulloa v. Costa Rica. Preliminary objections, merits reparations and
costs. Judgment of July 2, 2004. Series C. No. 107, §129; Case of Tristán Donoso v. Panama. Preliminary
objection, Merits, reparations and costs. Judgment of January 27, 2009. Series C. No. 193; Case of Moya Chacón
et al. v. Costa Rica. Preliminary objections, merits reparations and costs. Judgment of May 23, 2022. Series C
No. 451. §75.
38
Inter-American Court. Case of Moya Chacón et al. v. Costa Rica. Preliminary objections, merits reparations
and costs. Judgment of May 23, 2022. Series C. No. 451. Concurring opinion of Judge Rodrigo Mudrovitsch, §12.
39
ECHR. Case of Lingens v. Austria. Judgment of July 8, 1986.
34
35