10 Membership in an Association Prescribed by Law for the Practice of Journalism.”26 On that occasion, the Court indicated that: [G]iven the broad scope of the language of the Convention, freedom of expression can also be affected without the direct intervention of the State. This might be the case, for example, when due to the existence of monopolies or oligopolies in the ownership of communications media, there are established in practice "means tending to impede the communication and circulation of ideas and opinions.”27 49. Therefore, the existence of monopolies or oligopolies constitutes a disruptive element, contrary to freedom of expression, which should be addressed by the State. 50. Even supposing that clarity was lacking in the amendment of the regulatory framework, and even in view of the public statements made by senior government authorities before the conclusion of the appropriate administrative procedure for the review of the concessions, which allegedly led to the adoption of inappropriate measures, there is no way to avoid the undisputed fact that RCTV dominated a significant segment of Venezuelan television communication, and for this reason the action of the State would be relevant in the sense that it limited its power. If the State did this in an inappropriate way, without complying with its own laws, that is another issue (moreover, duly considered in the judgment). 51. In a context in which the State has the obligation to guarantee plurality, preventing the formation of undesirable oligopolies – always in order to promote the full exercise of the right to freedom of expression in its two dimensions, and in light of the internal norms governing the matter – it is apparent that RCTV did not have a right to continue benefiting from a State concession, and that the claim seeking to force the State’s hand was futile. 4.2. The role of regulation of the media to protect access to information 52. Bearing in mind that this case relates to the freedom of expression and of the press of executives, investors and employees of an important media outlet against the State, I consider it important to underscore the power that the press has achieved over the years. 53. Even though freedom of the press was born and developed as a right vis-a-vis the State – a constitutional guarantee of protection of the spheres of individual and social freedom against the political establishment – today, in many countries, the press represents a social power that is as significant as that of the political establishment itself. In this regard, Ossenbühl has stated that “today, it is not so much the ‘media’ that have to defend their position against the State, but rather, inversely, it is the State that has to protect itself so that it is not besieged, that is, manipulated by the ‘media.’”28 54. Similarly, Vital Moreira has considered: Initially, freedom of the press was a manifestation of individual freedom of expression and opinion. It involved ensuring the freedom of the press vis-à-vis the State. According to the classic liberal understanding, the freedom to establish newspapers and the competition between them ensured the truth and the pluralism of information, and provided vehicles for the expression of all the different currents and points of view in the press. But soon it became evident that the press was also a social power that could affect the rights of the individual, as regards his good name, reputation, image, etc. Second, freedom of the press became I/A Court HR. Advisory Opinion OC-5/85 of November 13, 1985. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and 29 American Convention on Human Rights), para. 33. 26 I/A Court HR. Advisory Opinion OC-5/85 of November 13, 1985. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and 29 American Convention on Human Rights), para. 56. 27 Apud, Andrade, Manuel da Costa, Liberdade de Imprensa e inviolabilidade pessoal: uma perspectiva jurídicocriminal, Coimbra, Coimbra Editora, 1996, p. 63. 28