15
48.
In this regard, it should not be forgotten that Article 13 of the Convention establishes
that the right to freedom of expression establishes the freedom to seek, receive and impart
information and ideas of all kinds either orally, in writing, in print or artistically or by any
other procedure of one’s choice; 72 consequently, such procedures include the financial
participation by which a physical person is able to create or sustain a media outlet, in this
way materializing the exercise of his or her freedom of expression.
49.
The patrimonial participation of all the RCTV shareholders permitted the development
of a family project that was able to maintain independence with regard to the decisions on
the content of the programming transmitted by the channel. This participation in the social
capital was part of the structure required for the independent development of the RCTV
communications mission and it was shared by all its shareholders.
50.
The independence of the RCTV communications project was defended by all its
shareholders. This was revealed by the unanimous refusal of the State’s offer to buy RCTV,
In this regard, Marcel Granier stressed that, in response to the purchase offer, all the
shareholders decided to conserve their ownership of the media outlet, in part to avoid it being
used for the government’s political propaganda.73
B.2.b) All the shareholders (majority and minority) agreed to have recourse to the interAmerican system
51.
In addition, bearing in mind the exceptions developed by the European Court in its
case law (see supra paras. 32 to 44 of this opinion), all those shareholders who form part of
a legal person have the right to be given the status of “victim,” especially if, in the case of
private media outlets, their assets are devoted to consolidating the plurality of information in
a society.
52.
In this regard, expert witness Rubio Llorente stated that freedom of expression in the
private media protects not only the contents of their programs, but also their specific
commercial activities, which is vital for their subsistence in the market. The freedom and
independence of the editorial line of the private television media is due, above all, to the fact
that their financing does not come from public funds. He added that whatever the personal
reasons of the shareholders of the communication company, or their level of involvement in
its management, or the significance of the profit motive that inspires their activity, both the
shareholders and the company are protected by freedom of expression. Regarding the degree
of harm caused, the expert witness pointed out that, although there may be differences in
the degree of harm, these may be taken into consideration to weigh the severity of the harm
caused by the refusal to renew the concession because this decision impaired the freedom of
expression of the media outlet and, consequently, of each of the shareholders. 74
53.
In this case, there was no dispute or discrepancy among the shareholders of RCTV,
either majority or minority, in the decision to have recourse to the inter-American system for
the protection of human rights, because each and every one of them has requested the
protection of his or her rights before the organs of the system and, thus, they are
victims/plaintiffs in the case sub judice. It is all the shareholders of RCTV who, together,
represent the total ownership of the media outlet; so that there was no risk of discrepancies
between them when they decided to have recourse to inter-American protection. In addition,
all of them approved the RCTV editorial line and information and, despite the threats of closure
72
American Convention on Human Rights, Article 13.
73
Cf. Statement of witness Marcel Granier during the public hearing in this case.
74
Opinion of expert witness Francisco Rubio Llorente (merits file, folio 1678).
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