society that is not well informed is not fully free. 69
b.2 Importance of the role of the journalist in a democratic society
66. The Court has emphasized that “[t]he professional practice of journalism cannot
be differentiated from freedom of expression. On the contrary, both are obviously
intertwined, for the professional journalist is not, nor can he be, anything but someone
who has decided to exercise freedom of expression in a continuous, regular and paid
manner.” 70 The Court has indicated that mass media plays an essential role as a vehicle
for the exercise of the social dimension of freedom of expression in a democratic society.
Therefore, it is essential that it reflects the most diverse information and opinions. 71
Indeed, the Court has characterized mass media as a true instrument of
freedom of expression 72 and has also indicated that “[i]t is the mass media that make
the exercise of freedom of expression a reality. This means that the conditions of its use
must conform to the requirements of this freedom, with the result that there must be,
inter alia, a plurality of means of communication, the barring of all monopolies thereof,
in whatever form, and guarantees for the protection of the freedom and independence
of journalists.” 73
67. The Court recalls that, for the press to be able to play its role of journalistic control,
it must not only be free to impart information and ideas of public interest, but also to
collect, compile and evaluate that information and those ideas. In his 2012 report to the
United Nations Human Rights Council, the United Nations Special Rapporteur for the
promotion and protection of the right to freedom of opinion and expression indicated
that “journalists are individuals who observe and describe events, and document and
analyse events, statements, policies, and any propositions that can affect society, with
the purpose of systematizing such information and gathering of facts and analyses to
inform sectors of society or society as a whole.” 74 This means that any measure that
interferes in the journalistic activities of those who are performing this function will
inevitably obstruct the right to freedom of expression in its individual and collective
dimensions. 75
68. Furthermore, with regard to freedom of information, this Court considers that the
journalist has a duty to verify reasonably, although not necessarily exhaustively, the
facts he divulges. In other words, it is valid to require fairness and diligence in the
comparison of sources and the search for information. This signifies the right of everyone
not to receive a distorted version of the facts. Consequently, journalists are obliged to
take a critical distance in relation to their sources and compare them with other relevant
69
Cf. Advisory Opinion OC-5/85, supra, para. 70.
Cf. Advisory Opinion OC-5/85, supra, paras. 72 to 74, and Case of Palacio Urrutia v. Ecuador, supra,
para. 94.
70
Cf. Case of Ivcher Bronstein v. Peru, supra, para. 149, and Case of Palacio Urrutia v. Ecuador, supra,
para. 90.
71
Cf. Case of Ivcher Bronstein v. Peru, supra, para. 149, and Case of Palacio Urrutia v. Ecuador, supra,
para. 92.
72
73
Cf. Advisory Opinion OC-5/85, supra, para. 34, and Case of Palacio Urrutia v. Ecuador, supra, para. 92.
Cf. United Nations, Human Rights Council, Report of the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression, Frank La Rue, A/HRC/20/17, paras. 3 and 4, and
Case of Bedoya Lima et al. v. Colombia, supra, para. 107.
74
75
Cf. Case of Bedoya Lima et al. v. Colombia, supra, para. 107.
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