55
81.
In the instant case, the statements for which Mr. Canese was sued, made in
the context of an electoral campaign and published in two Paraguayan newspapers,
permitted the two dimensions of freedom of expression to be exercised. On the one
hand, it permitted Mr. Canese to disseminate the information he possessed
concerning one of the opposing candidates and, on the other hand, it promoted an
exchange of information with voters, providing them with additional elements for
forming an opinion and taking decisions regarding the election of the future
President of the Republic.
2)
Freedom of thought and expression in a democratic society
82.
In its Advisory Opinion OC-5/85, the Inter-American Court referred to the
close relationship that exists between democracy and freedom of expression, when it
stated that:
Freedom of expression is a cornerstone upon which the very existence of a democratic
society rests. It is indispensable for the formation of public opinion. It is also a conditio
sine qua non for the development of political parties, trade unions, scientific and
cultural societies and, in general, those who wish to influence the public. It represents,
in short, the means that enable the community, when exercising its options, to be
sufficiently informed. Consequently, it can be said that a society that is not well
informed is not a society that is truly free.119
83.
In the same terms used by the Inter-American Court, the European Court of
Human Rights has underscored the importance that freedom of expression has in a
democratic society, when it stated that:
[…] freedom of expression constitutes one of the essential pillars of democratic society
and a fundamental condition for its progress and the personal development of each
individual. This freedom should not only be guaranteed with regard to the dissemination
of information and ideas that are received favorably or considered inoffensive or
indifferent, but also with regard to those that offend, are unwelcome or shock the State
or any sector of the population. Such are the requirements of pluralism, tolerance and
the spirit of openness, without which no ‘democratic society’ can exist. […] This means
that […] any formality, condition, restriction or sanction imposed in that respect, should
be proportionate to the legitimate end sought.120
114, para. 32.
119
Cf. Case of Herrera-Ulloa, supra note 15, para. 112; and Compulsory Membership in an
Association prescribed by Law for the Practice of Journalism, supra note 114, para. 70.
120
Cf. Case of Herrera-Ulloa, supra note 15, para. 113; Ivcher Bronstein case, supra note 114, para.
152; “The Last Temptation of Christ” case (Olmedo Bustos et al.), supra note 114, para. 69; Scharsach
and News Verlagsgesellschaft v. Austria, no. 39394/98, § 29, ECHR 2003-XI; Perna v. Italy [GC],
no.48898/98, § 39, ECHR 2003-V; Dichand and others v. Austria, no. 29271/95, § 37, ECHR 26 February
2002; Eur. Court H.R., Case of Lehideux and Isorni v. France, Judgment of 23 September 1998, para. 55;
Eur. Court H.R., Case of Otto-Preminger-Institut v. Austria, Judgment of 20 September 1994, Series A no.
295-A, para. 49; Eur. Court H.R. Case of Castells v. Spain, Judgment of 23 April 1992, Series A. No. 236,
para. 42; Eur. Court H.R. Case of Oberschlick v. Austria, Judgment of 25 April 1991, para. 57; Eur. Court
H.R., Case of Müller and Others v. Switzerland, Judgment of 24 May 1988, Series A no. 133, para. 33;
Eur. Court H.R., Case of Lingens v. Austria, Judgment of 8 July 1986, Series A no. 103, para. 41; Eur.
Court H.R., Case of Barthold v. Germany, Judgment of 25 March 1985, Series A no. 90, para. 58; Eur.
Court H.R., Case of The Sunday Times v. United Kingdom, Judgment of 29 March 1979, Series A no. 30,
para. 65; and Eur. Court H.R., Case of Handyside v. United Kingdom, Judgment of 7 December 1976,
Series A No. 24, para. 49.
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