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increasingly less an individual function for all, turning increasingly into a function of the few. Today, the
mass media are no longer an expression of the individual freedom and autonomy of the citizens, rather
they privilege the commercial or ideological interests of large corporations, institutions or interest
groups.
Now, it has become necessary to defend not only the freedom of the press, but also freedom vis-à-vis
the press.29
55.
In these circumstances, it is urgent to protect freedom of expression and of the press
from the press itself. However, the content of the American Convention not only guarantees
the press a broad area of freedom of action; it also protects the individual from the social power
of the press. When this is used abusively there is a violation of the same right that it is supposed
to protect and violations due to the abuse of the power of the press are usually devastating
and difficult to fully reinstate or repair.
56.
Another aspect of the media organs (television and radio stations, newspapers,
magazines, or websites) which becomes important to verify is whether, despite acting in the
public sphere providing information, they are private for-profit companies and they act in
keeping with the private interests and opinions of the groups they represent.30
57.
The question here is, what are the terms of this relationship between private agents and
the public sphere. As holders of power, these entities need to be monitored and held to account.
As actors in the public sphere, working with fundamental rights, they possess public obligations.
In this context, the mere application of private rules does not encompass the true breadth of
the reality created in the sphere of the media.
58.
It should also be considered that there is a growing debate on the responsibility of
private entitled for the violation of human rights, in the sense that they must respond for their
acts at both the national and the international level. In 2011, the UN Human Rights Council
adopted the Guiding Principles on Business and Human Rights, which emphasize the following:
Principle 11. Business enterprises should respect human rights. This means that they should avoid
infringing on the human rights of others and should address adverse human rights impacts with which
they are involved.
Principle 12. The responsibility of business enterprises to respect human rights refers to internationally
recognized human rights – understood, at a minimum, as those expressed in the International Bill of
Human Rights and the principles concerning fundamental rights set out in the International Labour
Organization’s Declaration on Fundamental Principles and Rights at Work.
Principle 13. The responsibility to respect human rights requires that business enterprises: (a) Avoid
causing or contributing to adverse human rights impacts through their own activities, and address such
impacts when they occur; (b) Seek to prevent or mitigate adverse human rights impacts that are
directly linked to their operations, products or services by their business relationships, even if they have
not contributed to those impacts.
Principle 14. The responsibility of business enterprises to respect human rights applies to all enterprises
regardless of their size, sector, operational context, ownership and structure. Nevertheless, the scale
and complexity of the means through which enterprises meet that responsibility may vary according to
these factors and with the severity of the enterprise’s adverse human rights impacts.
59.
Regardless of the branch to which they belong, companies must respect the
internationally recognized human rights, and may be held responsible for the reparation of
possible violations that occur in the exercise of their functions. Specifically, with regard to the
media, it is important to remember their relevance for the consolidation of active citizenship,
which entails a press whose credibility before society stems from its independence and its
29
Moreira, Vital. O direito de resposta na Comunicação Social. Coimbra: Coimbra Editora; 1994, p. 9
Fonseca, Francisco. Mídia, poder e democracia: teoria e práxis dos meios de comunicação. Rev. Bras. Ciênc.
Polít., Brasília, December 6, 2011. Available at: http://www.scielo.br/scielo.php?script=sci_arttext&pid=S010333522011000200003&lng=en&nrm=iso.
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