with current demands for the protection of the right to freedom of expression, even more so
considering the importance of the protection of the work of journalists and the media for
democracy and pluralism in our societies.
III. THE PROTECTION OF FREEDOM OF EXPRESSION REGARDING OPINION SPEECH
IN THE PUBLIC INTEREST
25.
Both the precedent of the Case of Álvarez Ramos and this judgment recognize special
protection for opinion speech made by journalists, regarding the actions of public officials
carrying out their duties, when it comes to matters of public interest. As we have previously
pointed out, this criterion prohibits the criminalization of journalists and the media in this
case, as a measure of protection of their freedom of expression and of those who receive the
message they transmit, which is fundamental to the existence of a democratic, tolerant and
plural system. From this perspective, the approach that the Court has taken since 2019
represents progress with respect to the scope of the protection established in Article 13 of
the American Convention, since it gives greater protection to speech in the public interest
against attacks by the authorities whose objective is to silence those who criticize them for
their actions as rulers.
26.
However, it is important to point out the versatile space that the criterion reiterated
in this judgment has, because although the factual assumptions that have been addressed in
Àlvarez Ramos and in Palacio Urrutia have referred to opinion articles issued by journalists
regarding public officials carrying out their duties, the protection of opinion speech and
public interest may be broader than this particular assumption. In this sense, in the first
place, it is possible to note that international human rights law has recognized a greater
protection of opinions, which can be deduced from the fundamental importance that the
protection of speech must have in order to achieve the effective participation of people, and
in particular journalists, in the public sphere, and in this way sustain and increase
democracy and pluralism. The paradigmatic example in this regard is article 19 of the
International Covenant on Civil and Political Rights, which establishes that "[n]o one shall be
harassed because of his opinions."
27.
This high level of protection has been reflected in other authorized international
sources, such as the Joint Declaration of the rapporteurs on freedom of expression of the UN
and the OAS for the year 2000. 26 In said Declaration, it was pointed out that all States
should review their defamation laws so that they are compatible with freedom of expression,
and in particular that no one should be prosecuted for said criminal offenses for expressing
opinions. In the same vein, the UN Human Rights Committee has declared that defamation
“should not be applied with regard to those forms of expression that are not, by their
nature, subject to verification”. 27 The European Court has also upheld high protection for
opinions regarding laws that sanction defamation. In the Case of Dichand and Ors v. Austria,
it held that, unlike the facts, opinions cannot be proven and therefore should enjoy broader
protection. 28 Following the same logic, the Inter-American Court stated the following in the
Case of Kimel v. Argentina:
26
Cf. Joint Declaration by the UN Special Rapporteur on Freedom of Opinion and Expression, the OSCE
Representative on Freedom of the Media and the OAS Special Rapporteur on Freedom of Expression. Current
Challenges to Media Freedom, London, November 30, 2000, available at:
https://www.osce.org/files/f/documents/c/b/40190.pdf.
27
Cf. UN Human Rights Committee. General Observation nº 34. Article 19. Freedoms of opinion and
expression, September 12, 2011, par. 47.
28
Cf. ECHR. Dichand and Ors c. Austria, February 26, 2002, par. 42.
8
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