63 determination of tort liability for the alleged crime or offense;” and i) compliance with “the recommendation contained in Report No. 20/03 of the Commission” would be achieved through the enactment of Law No. 20,048 and the aforesaid bill to regulate the withdrawal from circulation and the seizure of publications “[and] within this new legal framework, Mr. Humberto Palamara-Iribarne would be able to request, under the principle of in dubio pro reo, that the judgments of conviction rendered against him be reversed and all criminal charges be expunged from his record.” Furthermore, in said context, the Chilean Government is ready, willing and able to participate together with the petitioner in the adoption of any such forms of symbolic reparation that may be agreed with him for the purpose of restoring the affected rights, thus consolidating, through a specific and well-known case, the improvement of the Chilean legal system to ensure the effective enforcement of the fundamental rights and freedoms.” Considerations of the Court 67. Article 13 of the American Convention sets forth, inter alia, that: 1. Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one’s choice. 2. The exercise of the right provided for in the foregoing paragraph shall not be subject to prior censorship but shall be subject to subsequent imposition of liability, which shall be expressly established by law to the extent necessary to ensure: a. respect for the rights or reputations of others; or b. the protection of national security, public order, or public health or morals. 3. The right of expression may not be restricted by indirect methods or means, such as the abuse of government or private controls over newsprint, radio broadcasting frequencies, or equipment used in the dissemination of information, or by any other means tending to impede the communication and circulation of ideas and opinions. 4. Notwithstanding the provisions of paragraph 2 above, public entertainments may be subject by law to prior censorship for the sole purpose of regulating access to them for the moral protection of childhood and adolescence. […] 68. As asserted by this Court on earlier occasions, a violation of Article 13 of the Convention may take different forms, depending on whether the violation results in

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