The Court also indicated in the Judgment 368 that “[f]reedom of expression is not an absolute
right,” that “[t]his freedom may be subject to conditions and even limitations, 369 in particular
when it interferes with other rights guaranteed by the Convention” 370 and, in another ruling, it
stated that “[t]hese limitations are exceptional in nature and should not prevent, beyond what
is strictly necessary, the full exercise of freedom of expression and become a direct or indirect
means of prior censorship.” 371
These assertions in the Court’s case law signify that, in relation to the instant case, it should
be understood that Article 13 of the Convention admits that the exercise of the right to
freedom of thought and expression is subject to the subsequent imposition of liability,
provided that this is necessary and, consequently, exceptional, to ensure respect for the
rights or reputation of others and does not constitute, in reality, an instrument of direct or
indirect censorship of the exercise of the said right.
B. Purpose of this case
The foregoing reveals that this case does not consist in determining whether or not the right
to the protection of honor and dignity was violated, 372 a right recognized in Article 11 of the
Convention, 373 but rather whether there was a violation of Article 13 of this instrument. First,
because the specific object and purpose of each of these articles is different, as regards this
case. Thus, while the specific object and purpose of Article 11 is to ensure the right to the
protection of the law against unlawful attacks on the honor or reputation of the individual,
that of Article 13 is not only that the liability mentioned must be explicitly established by
law, but also that it is necessary to ensure respect for the rights or the reputation of others.
Consequently, in the instant case, the right of the complainants to sue Messrs. Mémoli in
the proceeding held in the domestic sphere was acknowledged. However, in the proceedings
before the Court it was not discussed whether the statements made by Messrs. Mémoli
constituted an unlawful attack on the complainants according to the said Article 11, nor was
it requested that a violation of this article be declared and, evidently, no ruling was made to
this effect. Hence, in this litigation it was not a question of deciding a conflict between the
right established in the said Article 11 and the right contemplated in Article 13 of the
Convention. 374
of Usón Ramírez v. Venezuela. Preliminary objection, merits, reparations and costs. Judgment of November 30, 2009.
Series C No. 207, para. 47.
368
Para. 123 of the Judgment.
369
Para. 123 of the Judgment, citing: Compulsory Membership in an Association Prescribed by Law for the
Practice of Journalism (Arts. 13 and 29 American Convention on Human Rights), supra, para. 36, and Case of
Fontevecchia and D`Amico v. Argentina. Merits, reparations and costs. Judgment of November 29, 2011. Series C No.
238, para. 43.
370
Para. 123 of the Judgment.
371
Para. 123 of the Judgment, citing: Case of Herrera Ulloa v. Costa Rica. Preliminary objections, merits,
reparations and costs. Judgment of 2, 2004. Series C No. 107, para. 120, and Case of Fontevecchia and D`Amico v.
Argentina, supra, para. 43.
372
Paras. 124 to 126 of the Judgment.
373
Article 11 of the Convention establishes that: “1. Everyone has the right to have his honor respected and his
dignity recognized. 2. No one may be the object of arbitrary or abusive interference with his private life, his family, his
home, or his correspondence, or of unlawful attacks on his honor or reputation. 3. Everyone has the right to the
protection of the law against such interference or attacks.”
374
Para. 118 of the Judgment.
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