35
manipulate or distort the information or assume a political role linked to the interests of the
opposition or even, golpistas”, the Commission made the following considerations:
[…] most of the statements annexed, though they may have a strong and critical content that
may even be considered offensive, constitute legitimate expressions of thoughts and opinions
regarding the special methods that a mass media may use in order to exercise journalism, which
are protected and guaranteed under Article 13 of the American Convention and the Commission
does not find that such statements constitute a violation of such treaty.
177.
The Commission deems that the importance of the mass media, and above all, the work
done by the reporters, do not imply a sort of immunity in relation to the possible criticism of the
society in general, including public officials. On the contrary, as vehicles of social communication
they must be open and set a tolerance margin before the public scrutiny and criticism of the
receivers of the information they impart.
178.
Moreover, it is not possible to disregard that the Commission pointed out in its Report
on the Situation of Human Rights in Venezuela, that during the visit in loco it was informed of the
measures implemented by the mass media that restricted the access to vital information of the
Venezuelan society during the dramatic events of April 2002, that led to the coup d’ état and the
restoration of democracy. In such regard, it also pointed out that even though the editorial
decisions, grounded in political reasons, do not violate the rights enshrined in the Convention, the
best ways to contribute to the debate are those that allow the mass media to comply
meticulously with the duty to inform to the population.
179.
Mass media and social communicators perform a function of a public nature. It is evident
the particular exposure to criticism to which the people who decide to show the public audience
their work voluntarily subject. The opinion of the receivers of the information that the media and
its employees produce, fosters the responsible exercise of the role of informing, considering the
importance for the media of the credibility of their work.
180.
Therefore, it is evident that within the framework of public debate in Venezuela, the
issue regarding how the mass media do their job is an issue for public debate and then, the
criticism and ratings made in this matter by officials or individuals must be tolerated as long as
they do not directly lead to violence.
181.
Based on these considerations, the Commission deems that the statements of the
officials, despite the fact that they may be shocking, strong, offensive or insensitive at a moment
in which the history of Venezuela had its population clearly divided into political positions, cannot
be considered as the State’s failure to comply with the duty to respect the right to freedom of
expression and opinion, when such right implies exactly its exercise70 (emphasis added and
footnotes omitted)
127. Moreover, upon the analysis of the facts according to Article 13 of the Convention in
said Report on Merits, the Commission deemed important to take into account the content
of some of those declarations in order to determine whether the different State authorities
have had the opportunity to adopt reasonable measures knowing for sure the risk the
reporters and workers of Globovisión were at that moment. The Commission considered that
“though the strong content of the statements cannot be considered a direct cause of the
subsequent acts committed to the detriment of the employees of Globovisión", […] the
repetition of some contents of the statements given by the highest-rank State officials, with
which such media identified [...] contribute to create an environment of intense discussion
and bias in society and in the communication media, apart from high intolerance and
fanatism that may result in acts of violence against the people identified as employees of
such media and in the intent to prevent them from performing their profession". The
Commission also pointed out that, even though they cannot be considered “in conventional
terms as an outbreak of violence”, such statements “may be construed as such by
passionate supporters of one group or of another in a context of extreme political bias like
the Venezuelan context”; therefore, the continuing nature of such statements is
70
IACHR. Report on the Merits Nº 61/06 of October 26, 2006. para. 175 to 182 (records of evidence, volume
I, pages 63-65).