Convention. 222 For the ordinary citizen, the awareness of the opinions of others or the
information that others possess is as important as the right to impart his own opinions and
information. 223 Consequently, in light of both dimensions, freedom of expression requires, on
the one hand, that no one be arbitrarily prohibited or prevented from expressing his own
thoughts and therefore represents a right of each individual; but, on the other hand, it also
involves a collective right to receive any information and to be aware of the expression of the
opinions of others. 224
120. In addition, the Inter-American Court has emphasized that “the profession of
journalism […] entails, precisely, seeking, receiving and imparting information. Hence, the
exercise of journalism requires the individual to become involved in activities that are defined
or encompassed by the freedom of expression guaranteed in the Convention.” 225 The
professional exercise of journalism “cannot be differentiated from freedom of expression; to
the contrary, both elements are evidently interrelated, because the professional journalist is
not, and cannot be, anything else than a person who has decided to exercise freedom of
expression continuously, steadfastly, and for remuneration.” 226 In this case, one of the
presumed victims is a journalist who claims protection under Article 13 of the Convention.
121. Nevertheless, the Court deems it pertinent to clarify that this does not mean that
journalists are exempt from responsibilities in the exercise of their freedom of expression. The
abusive exercise of freedom of expression, either by a private individual or by a journalist,
may be subject to the subsequent imposition of liability pursuant to Article 13(2) of the
Convention.
122. Furthermore, in the context of freedom of information, this Court considers that
journalists have an obligation to verify, reasonably although not necessarily exhaustively, the
facts on which they base their opinions. In other words, it is valid to require fairness and
diligence in crosschecking sources and seeking information. This implies the right of the
community not to receive a manipulated version of the facts. Consequently, journalists have
the obligation to take a critical distance from their sources and compare them with other
relevant information. 227 Similarly, the European Court has indicated that freedom of
expression does not guarantee unlimited protection for journalists, even in matters of public
interest. Even though they enjoy the protection of freedom of expression, journalists must,
when exercising their duties, abide by the principles of responsible journalism, namely to act
in good faith, provide accurate and reliable information, objectively reflect the opinions of
222
Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and
29 of the American Convention on Human Rights), supra, para. 33, and Case of Vélez Restrepo and family members
v. Colombia, supra, para. 137.
223
Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and
29 of the American Convention on Human Rights), supra, para. 32, and Case of Vélez Restrepo and family members
v. Colombia, supra, para. 138.
224
Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and
29 of the American Convention on Human Rights), supra, para. 30, and Case of Vélez Restrepo and family members
v. Colombia, supra, para. 138.
225
Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and 29
of the American Convention on Human Rights), supra, para. 72, and Case of Vélez Restrepo and family members v.
Colombia, supra, para. 140.
226
Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and 29
of the American Convention on Human Rights), supra, para. 74, and Case of Vélez Restrepo and family members v.
Colombia, supra, para. 140.
227
Cf. Case of Kimel v. Argentina. Merits, reparations and costs. Judgment of May 2, 2008. Series C No. 177,
para. 79.
49
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