46
134. The Court will now proceed to: (i) refer to the general scope of the right to freedom of
expression; (ii) present some considerations on the exercise of this right by natural persons
through legal persons; (iii) present specific considerations on indirect restrictions of this right,
and (iv) establish guidelines concerning broadcasting concessions or licenses.
1.1.
General scope of the right to freedom of expression
135. The Court’s case law has provided extensive content to the right to freedom of thought
and expression recognized in Article 13181 of the Convention. The Court has indicated that this
provision protects the right to seek, receive and impart ideas and information of all kinds, and
also to receive and know the information and ideas imparted by others. 182 The Court has
indicated that freedom of expression has both an individual and a social dimension, and this
give rise to a series of rights that are protected in the said article.183 The Court has affirmed
that the two dimensions are equally important and must be guaranteed fully and simultaneously
in order to give full effect to the right to freedom of expression as provided for in Article 13 of
the Convention.184
136. The individual dimension of freedom of expression includes the right to use any
appropriate means to disseminate opinions, ideas and information and allow it to reach the
greatest number of persons. In this regard, expression and dissemination are indivisible, so
that a restriction of the possibilities of dissemination represents directly, and to the same
extent, a limit to the right to free expression. 185 Regarding the second dimension of the right to
freedom of expression – that is, the social element – the Court has indicated that freedom of
expression also involves the right of everyone to know the opinions, information and news of
others. For the ordinary citizen, the knowledge of other people’s opinions or information is as
important as the right to impart their own.186 Thus, in light of the two dimensions, freedom of
expression requires, on the one hand, that no one be arbitrarily limited or impeded in
expressing his own thoughts and therefore represents a right of each individual; but it also
involves, on the other hand, a collective right to receive any information whatsoever and to
have access to the thoughts expressed by others.187
137. The Court has established that violations of Article 13 of the Convention may occur in
different situations.188 The Court has indicated that when public authorities take measures or
actions to prevent the free circulation of information, ideas, opinions or news, this produces
Similarly, Article 4 of the American Declaration of the Rights and Duties of Man establishes: Article IV. Right to
freedom of investigation, opinion, expression and dissemination. Every person has the right to freedom of investigation, of
opinion, and of the expression and dissemination of ideas, by any medium whatsoever.
181
Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and 29
American Convention on Human Rights). Advisory Opinion OC-5/85 of November 13, 1985. Series A No. 5, para. 30,
and Case of Norín Catrimán et al. v. Chile. Merits, reparations and costs. Judgment of May 29, 2014. Series C No. 279,
para. 371.
182
Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism, paras. 31 and
32, and Case of Norín Catrimán et al. v. Chile, para. 371.
183
Cf. Case of “The Last Temptation of Christ” (Olmedo Bustos et al.) v. Chile. Merits, reparations and costs.
Judgment of February 5, 2001. Series C No. 73, para. 67, and Case of Norín Catrimán et al. v. Chile, para. 371.
184
Cf. Case of “The Last Temptation of Christ” (Olmedo Bustos et al.) v. Chile, para. 65, and Case of Norín Catrimán
et al. v. Chile, para. 372.
185
Cf. Case of “The Last Temptation of Christ” (Olmedo Bustos et al.) v. Chile, para. 66, and Case of Mémoli v.
Argentina. Preliminary objections, merits, reparations and costs. Judgment of August 22, 2013. Series C No.265, para.
119.
186
Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism, para. 30, and
Case of Mémoli v. Argentina, para. 119.
187
Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism, paras. 53 and
54, and Case of Vélez Restrepo and family members v. Colombia, para. 139.
188