37
sector of the population.151 In a democratic society, the media must provide extensive information
on matters of public interest, which affect social rights […].”152 Nevertheless, the Court is aware
that the extent of acceptable criticism when directed against a private individual is narrower than
that directed against politicians or public officials in the exercise of their functions. 153
118. With regard to the statements published in the interview, the Court considers that, in
general, they reveal that the purpose sought by Mr. Lagos del Campo was to denounce alleged
irregularities; in other words, to provide information on a situation that, in his opinion, violated
the interests he represented,154 accompanied perhaps by critical comments and opinions.
Conversely, the content of those statements in this context does not reveal that they had an
evident offensive, defamatory, degrading or malicious intent against anyone in particular or that
they were aimed at harming the company’s product (supra para. 112). Although the publication
contained bombastic phrases concerning the situation denounced, their content did not exceed
the threshold of special protection for the nature of the complaints made in the said context.155
1.2.2. Legality and purpose
119. According to Article 13(2), to evaluate whether a restriction of a right established in the
American Convention is permitted in light of this treaty it is necessary to analyze whether the
restrictive measure complies with the requirement of legality. This means that the general
circumstances and conditions that authorize restrictions of a human right must be clearly
established by law, in both the formal and the substantial sense. 156
120. Regarding restrictions of a criminal nature, the Court has established that it is necessary
to abide strictly by the requirements that are characteristic of the definition of the crime in order
to comply with the principle of legality.157 However, the Court notes that the law applied to justify
Mr. Lagos del Campo’s dismissal was not of a criminal nature, but rather a labor law. Therefore,
it considers that compliance with the requirement of legality does not require the same evaluation
as that made in cases that involve the violation of rights protected by criminal law because, as
the Court has indicated when evaluating compliance with the requirement of legality in cases that
do not involve criminal matters, “the degree of precision required of domestic legislation depends
Cf. Case of “The Last Temptation of Christ” v. Chile, supra, para. 69, and Case of Kimel v. Argentina, supra, para.
88; ECHR, Case of Palomo Sánchez and Others v. Spain [GS], supra, para. 53 to 62.
151
152
Case of Kimel v. Argentina, supra, para. 88.
Case of Palomo Sánchez and Others v. Spain [GS], supra, para. 42. and ECHR. Case of Nikula v. Finland, No.
31611/96. Judgment of March 21, 2002. para. 48
153
Mutatis mutandis: ILO Convention 98: Right to Organize and Collective Bargaining, 1949 (Entry into force: July
18, 1951). Adopted: Geneva, Thirty-second meeting of the ILO General Conference (July 1, 1949). 2.1 Workers' and
employers' organisations shall enjoy adequate protection against any acts of interference by each other or each other's
agents or members in their establishment, functioning or administration. 2.2 In particular, acts which are designed to
promote the establishment of workers' organisations under the domination of employers or employers' organisations, or
to support workers' organisations by financial or other means, with the object of placing such organisations under the
control of employers or employers' organisations, shall be deemed to constitute acts of interference within the meaning
of this Article.
154
ECHR. Case of Fuentes Bobo v. Spain. No. 39293/98. Judgment of February 29, 2009. para. 40. The Court, while
acknowledging that the phrases used were offensive, concluded that they occurred in a context of a “prolonged public
debate concerning matters of general interest relating to the management of public television.” Cf. ILO, Recommendation
on Workers’ Representatives, 1971 (No. 143), Recommendation on protection and facilities that should be afforded to
workers’ representatives. Fifty-sixth Session of the ILO General Conference; date adopted June 23, 1971. See also.
Mutatis mutandis: ILO, Freedom of Association and Collective Bargaining” para. 212, p. 96.
155
Cf. The Word “Laws” in Article 30 of the American Convention on Human Rights. OC-6/86, supra, paras. 35 and
37; Case of Mémoli v. Argentina, supra, para. 130, and Case of Granier et al. v. Venezuela, supra, para. 119.
156
Cf. Case of Castillo Petruzzi et al. v. Peru. Merits, reparations and costs. Judgment of May 30, 1999. Series C
No. 52. para. 121; Case of Kimel v. Argentina, supra, para. 63, and Case of Memolí v. Argentina, supra, para. 154
157