34
defense of a right that is inherent to the individual was attempted by affecting another right
inherent to the individual in the person of the victim; this line of thought can only be
admitted in the event of the so-called grounds for justification; none of which applies in the
99
instant case.
108. At the time of the events, the Penal Code (supra para. 52), established,
among other provisions regarding crimes against honor, as follows:
Section 172. Any person who falsely accuses another of committing a punishable act will be
subject to a 90 to 180 days’ fine.
2) Freedom of thought and expression
109. As regards the scope of freedom of expression, in its decisions the Court has
repeatedly held that those who enjoy the protection of the Convention have the right
to seek, receive, and impart information and ideas of all kinds, and to receive and
have access to the information and ideas disclosed by others.100
110. The foregoing notwithstanding, freedom of expression is not an absolute right.
Article 13(2) of the Convention, which prohibits prior censorship, also provides for
the possibility to impose liability, as appropriate, in the event of an abusive exercise
of this right. These restrictions are exceptional in nature and should not limit, unless
strictly necessary, the free exercise of freedom of expression and become a direct or
indirect method of prior censorship.101
111. Furthermore, Article 11 of the Convention provides that all persons have the
right to have their honor respected and their dignity recognized. This gives rise to
restrictions to the powers of individuals and the State. So, all persons who consider
their honor to have been affected may lawfully resort to the judicial authorities
provided by the State for protection of their individual rights.102
112. This fundamental right must be exercised in a context of respect and
safeguard of all other fundamental rights. In this process for harmonization, the
State plays a crucial role as it seeks to define the responsibilities and penalties that
might be necessary to such effect.103 The need to protect the rights to honor and
reputation, and other rights that may be affected by abuses in the exercise of
freedom of expression calls for proper compliance with the limits imposed in that
regard by the Convention itself.
99
Cf. 2nd Judgment No. 40 passed by the Segundo Tribunal Superior de Justicia [Superior Court of
Justice Number Two] on April 1, 2005 supra note 98, folio 1950).
100
Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism
(Articles 13 and 29 of the American Convention of Human Rights). Advisory Opinion OC-5/85, dated
November 13, 1985. Series A No. 5, para. 30; Case of Ricardo Canese v. Paraguay. Merits, Reparations
and Costs. Judgment of August 31, 2004. Series C No. 111, para 77; and Case of Kimel v. Argentina,
supra note 78, 53.
101
Cf. Case of Herrera-Ulloa v. Costa Rica. supra note 79, para. 120; Case of Palamara-Iribarne v.
Chile. Merits, Reparations and Costs. Judgment of November 22, 2005. Series C No. 135, para. 79; and
Case of Kimel supra note 16, para. 54.
102
Cf. Case of Ricardo Canese v. Paraguay. supra note 16, para. 101; and Case of Kimel supra note
78, para. 55.
103
Cf. Case of Kimel, supra note 78, para. 75.