indicating that he did not have time because he was “in meetings.” 122 Far from providing
his version of the facts, J.C.T.R., sent a notarized letter addressed to the director of the
news desk of La Nación in which he required that “within two days, [he] be informed of
the source of the information provided and the evidence it had seen in order to make
such serious assertions.” 123 The Court recalls the importance of the protection of
journalistic sources, a cornerstone of freedom of the press and, in general, of a
democratic society (supra para. 70). This leads the Court to consider that J.C.T.R.’s
request was totally inappropriate. What would have been appropriate – and also more
expeditious and effective – and what did not occur in this case, was the use of the right
of rectification, a non-punitive mechanism that could have repaired the harm caused by
the dissemination of an inexact information.
92. Lastly, the Court notes with concern that the sanction imposed on the journalists
had a chilling effect on them and was disproportionate to the objective sought. Thus,
Mr. Moya Chacón referred to the proceedings and the subsequent sentence as “one of
the most distressing moments” of his life and that, as a professional journalist, it made
him fearful of “continuing the work of journalism,” affecting his work performance and
even resulting in a sort of “self-censorship.” 124 Witness Armando Manuel González
Rodicio, Editor in Chief of La Nación when the article was published, expressed himself
similarly when indicating that “[u]nfortunately, and as a result of these reflections, we
have frequently chosen silence or the omission of some information in order not to run
risks” and that “[t]he insecurity caused by the possibility of a civil conviction, despite
the conformity of what is published with the rules of good journalism, c[ould] only lead
to self-censorship.” 125
93. Based on the foregoing, the Court concludes that, in the instant case, the civil
sanction imposed on Messrs. Moya Chacón and Parrales Chaves was not necessary or
proportionate to the purpose sought and, therefore, violated Article 13(1) and 13(2) of
the American Convention, in relation to Article 1(1) of this instrument. Finally, although
122
During the public hearing, Mr. Moya Chacón stated: “when we were about to publish, we called – I say
we because I called [J.C.T.R.] personally and Freddy tried to locate him in the area, to tell him that we were
about the publish; that we had this; in other words, we laid out the whole scenario we had, and he just sent
word that he did not have time, that he was in meetings and, therefore. the article was published.” Statement
made by Ronald Moya Chacón at the public hearing held on February 14, 2022, during the Court’s 146th
regular session.
123
Cf. Notarized letter of J.C.T.R. sent to La Nación, dated December 19, 2005 (evidence file, folio 28).
124
In this regard, Mr. Moya Chacón stated the following:
The impact on journalism is closely related, as I have already mentioned, to the self-censorship
that one imposes on oneself, especially following the conviction, because the risk of being sued
again for situations is always latent, and I can illustrate this with a situation – perhaps anecdotic
– but which is explanatory: following the conviction, some people called us, not source people,
rather people who were involved in acts of corruption, some of them members of the police,
telling us that if we published anything, the same thing would happen to us that had happened
in the case of [J.C.T.R]; the same meant that they would sue us, and since that possibility was
real owing to the sentence against us, we said that we did not want our assets to be harmed
again, and we therefore applied self-censorship.
Mr. Moya Chacón also indicated that the judgment convicting them in the civil sphere “emboldened
organized crime in Costa Rica,” because it resulted in a “fear of publishing”; moreover, they had even been
threatened by members of the police forces following the delivery of the said judgment who told them that
“the same would happen to [them], as happened in the matter of [J.C.T.R.].” Cf. Statement made by Ronald
Moya Chacón at the public hearing held on February 14, 2022, during the Court’s 146th regular session.
Cf. Affidavit of Armando Manuel González Rodicio dated December 13, 2021, pp. 2 and 3 (evidence file,
folios 1457 and 1458).
125
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