CONCURRING OPINION OF JUDGE DIEGO GARCIA-SAYÁN JUDGMENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS CASE OF GRANIER ET AL. (RADIO CARACAS TELEVISIÓN) V. VENEZUELA JUDGMENT OF JUNE 22, 2015 (Preliminary objections, merits, reparations and costs) 1. In this judgment, the Court reaffirms and develops fundamental principles regarding freedom of expression in its relationship with democratic pluralism and the corresponding obligation of the States to ensure rights in different areas, including the issue of media concentration. Freedom of expression and the obligation to ensure this 2. In concepts developed in its consistent case law that it reiterates in this judgment, the Court has established that “freedom of expression, particularly in matters of public interest, ‘is a cornerstone in the very existence of a democratic society’”1 Consequently, the State must not only respect freedom of expression, but also ensure it, including not only “the dissemination of information or ideas that are received favorably or considered inoffensive or indifferent, but also as regards those that are disagreeable for the State or any sector of the population.”2 3. By emphasizing the pivotal nature of the protection of freedom of expression as a “cornerstone” of democratic society, the Court reiterates three fundamental principles that it has identified invariably and consistently directly related to freedom of expression: the exercise of freedom of expression in harmony with other rights;3 the obligations of journalists and the media,4 and the plurality of the media and news.5 4. From the perspective of the weighing of rights, which this Court must take into consideration in its decisions, in this judgment, the Court has reaffirmed the principle that freedom of expression is not an absolute right and must be exercised and ensured in harmony with the exercise and protection of other rights. 5. Consequently, in certain circumstances, it may be subject to restrictions as the Court had already established in its Advisory Opinion OC-5/85 of November 13, 1985, Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and 29 American Convention on Human Rights), and in the Case of Perozo et al. v. Venezuela of January 28, 2009, among other rulings. In addition, the Court reaffirmed that the right to freedom of expression should be exercised and protected in harmony with the other rights, which must be protected and ensured simultaneously and in a coordinated manner. Thus, the Court reiterated in this judgment, “that both freedom of expression and the right to honor, established in the Convention, are extremely important,” so that “the exercise of both these rights must be guaranteed.”6 Hence, it affirmed that “the prevalence of one or the other in a specific case will depend on the weighing made based on proportionality.”7 Case of Granier et al. (Radio Caracas Televisión) v. Venezuela. Preliminary objections, merits, reparations and costs. Judgment of June 22, 2015. Series C No. 293, para. 140. 1 2 Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, para. 140. 3 Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, para. 144. 4 Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, para. 139 and 144. 5 Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, paras. 142 and 143. 6 Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, para. 144. 7 Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, para. 144.