Speeches that can be understood to be of public interest are
those about which society, by being aware of them and being
informed about them, can better defend its rights, and also
encourage democratic debate about them. Criminalizing
opinions, information, and ideas that may somehow involve
this type of interest inhibits democratic discussion, inhibits the
person who wants to express it, so that, for fear of being
subject to criminal liability he remains silent, inhibits himself,
and does not act. But this also affects the rest of society,
which, seeing how a person was held criminally liable for
speaking out on certain issues, also refuses to do so.
Therefore, failure to protect speech of public interest may lead
to a general impairment of the quality of democracy in a
country.
16. With regard to statements and comments made in the context of activities in
defense of the environment, imbued with the highest level of public interest, the
Inter-American Court has once again recognized that expressions related to this
objective should enjoy greater protection, with a view to fostering democratic
debate. 9
17. However, the judgment handed down in the present case breaks new ground by
going beyond the standards currently in force in the inter-American sphere
regarding the use of criminal law to safeguard honor at the expense of freedom of
expression, particularly where statements concerning matters of public interest are
at stake.
18. Its contribution lies in establishing truly objective criteria that make it possible to
immediately rule out the use of criminal measures in situations involving the
protection of the honor of public officials against the imputation of offenses or
offensive acts. 10 As the Inter-American Court has recognized since 2004 with the
judgment in the case of Herrera Ulloa v. Costa Rica, the chilling effect of criminal
law is a significant limitation to the exercise of freedom of expression. 11
19. In this regard, the inhibiting or intimidating effect – also known as the chilling
effect 12 –is observed not only when there is a conviction, but also when there is the
mere possibility of prosecution owing to the existence of a criminal offense in the
domestic legislation, which worsens as the criminal proceeding progresses.
20. It is therefore imperative to minimize, as far as possible, the chilling effect in these
cases, thus ensuring proper protection of the right to freedom of expression, which
is fundamental for the democratic rule of law. As stated in the judgment in the
present case, the protection of honor through criminal measures is not in keeping
with the Convention when matters of public interest are at stake. 13
21. To this end, it is essential to define objective criteria that allow for the immediate
elimination of the applicability of criminal measures when seeking to establish
subsequent liability for statements on issues of public interest, in order to prevent
them from being used to discourage the free exercise of the right to freedom of
Judgment, §108.
Judgment, §§129-131.
11
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. §133.
12
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, §4.
13
Judgment, §115.
9
10