as matters of public interest in terms of the protection of freedom of expression because, as it has recognized in its case law, the respect for and guarantee of human rights cannot be separated from the protection of the environment.147 The Court has also recognized the undeniable relationship that exists between the protection of the environment and the realization of other human rights, since environmental degradation and the adverse effects of climate change affect the real enjoyment of human rights.148 Consequently, for this Court there is no doubt that in a democratic society, environmental issues must be considered matters of public interest and that States must protect freedom of expression and promote citizens’ participation in these matters. 115. Therefore, considering the need to harmonize the protection of the rights to freedom of expression and to honor and the importance of freedom of expression in a democratic society, the Court reiterates that the imposition of subsequent liabilities for the abusive exercise of the right to freedom of expression is of an exceptional nature.149 However, in line with international case law and mindful of the importance of public interest discourse and the greater acceptance that criticism of public officials should have, this Court considers that, in the exercise of the right to freedom of expression on matters of public interest, and in particular criticism directed at public officials, a criminal response is contrary to the American Convention. Consequently, States must create alternative mechanisms to criminal proceedings for public officials to obtain a rectification, or a response or civil reparation when their honor or good name has been injured. Such measures must be applied in accordance with the principle of proportionality, since even in those cases where there is an abusive exercise of freedom of expression and where substantial compensation is appropriate, the sanctions to be imposed must be evaluated in accordance with the right to freedom of expression and, therefore, must be proportionate to the reputational damage suffered. Likewise, there must be guarantees that allow for the protection of the person sanctioned against awards for compensation that are disproportionate to the amount established for damage to reputation. B.5 Analysis of the specific case 116. The Court will now examine the compatibility of the subsequent liabilities established for the alleged victim in the instant case with the American Convention, taking into account the standards set forth above. 117. This Court finds that Mr. Baraona’s statements referred to the actions of Senator SP, in his capacity as a public official who was in exercise of his duties when such statements were made, and that these statements concerned environmental matters, specifically, the illegal logging of alerce trees.150 In other words, the statements met the subjective, functional Cf. Advisory Opinion OC-23/17, supra, para. 55. Cf. Case of Katas Fernández v. Honduras, supra, para. 148, and Advisory Opinion OC-23/17, supra, paras. 47, 54 and 126. 149 Cf. Case of Herrera Ulloa v. Costa Rica, supra, para. 120, and Case of Moya Chacón et al. v. Costa Rica, supra, para. 71 and 72. 150 Regarding the scale of the logging of alerce trees, Mr. Baraona stated at the public hearing that “in this case 10 hectares of alerce were burned down intentionally, which is fully confirmed by the expert reports; in Chile, no fires are caused by lightning or natural causes, they are all caused by man. There was an irrationality in our country linked to an illegal trade, here millions and millions of dollars were transferred in full view of all the authorities of our country; unfortunately, and I’m even ashamed to say it, this happened in Chile […]. That was my connection with the alerce trees, in the end it was basically a desperate attempt to do something, someone had to do something. […] I took part in aerial flights when that fire happened, it reached me, that fire, as you know, traffic had to be stopped between Puerto Montt and Puerto Varas because there was so much smoke that cars could not circulate, there were respiratory problems among the population, it was hellish. The terrible [part] was going to that place after the fire, seeing the scorched earth, burnt pumas, burnt deer, that is what caused this internal rage of wanting to do something 147 148 36