articles pursuant to Articles 2, 9 and 13 of the American Convention.
83. Nevertheless, the Court notes with concern the existence in Costa Rica of criminal
laws exclusively addressed at the exercise of journalism; these include the said Printing
Act. Although the State advised that, in a judgment of December 18, 2009, the Third
Chamber of the Supreme Court of Justice had declared that article 7 of the said Act had
been tacitly abrogated, the existence of this type of criminal norm could have had a
chilling effect on the dissemination of information of public interest. The Court also
underlines two additional aspects relating to the said article 7 that deserve special
attention owing to their harmful effects for the exercise of freedom of expression. The
first is the establishment of objective criminal liability for the editors, directors and
owners of the media outlet, a provision that violates the principle of guilt in criminal
matters. The second refers to the existence of increased penalization for conducts that
could infringe honor when carried out by journalists; thus, providing harsher punishment
for those whose profession involves, above all, the exercise of freedom of expression.
84. That said, the Court notes that article 1045 of the Civil Code – which was applied
in this case – establishes that “[a]nyone who, by malice, omission, negligence or
imprudence, causes another person harm shall be obliged to redress this, and also pay
damages.”
85. The Court notes that the wording of that article is not incompatible per se with the
standard of legality; nevertheless, its interpretation must be coherent with the
Convention’s principles concerning freedom of expression contained in Article 13 of the
American Convention and developed by this Court’s case law.
86. Regarding the legitimate purpose sought, this case falls within one of the purposes
permitted by Article 13(2) of the Convention, namely: “respect for the rights or
reputation of others.”
87. Also, with regard to the appropriateness of the measure, the Court notes that, in
principle, the civil action filed by J.C.T.R. against Messrs. Moya Chacón and Parrales
Chaves could have provided appropriate protection in relation to the violation of the right
to honor that he suffered owing to the publication of the newspaper article
88. Therefore, the necessity and proportionality of the sanction imposed remain to be
examined. To this end, the Court notes, preliminarily, that although it is true that Messrs.
Moya Chacón and Parrales Chaves published information regarding J.C.T.R. that turned
out to be inexact, it was not proved at the domestic level – and this is indicated in the
Trial Court’s judgment when acquitting the two journalists of criminal charges – that the
alleged victims had any specific intention of inflicting harm on the person or persons
affected by the article. Thus, the judgment of the Trial Court indicated that no “direct
intention to harm the honor of the complainant [could be observed], but very probably
the only intention when publishing the article was to perform their task of providing
information to the public.” 113
89. That said, the Trial Court did consider that the article published by Messrs. Moya
Chacón and Parrales Chaves had been written “without taking the care required of their
113
Cf. Second Circuit Criminal Court of San José, Goicoechea, Judgment of January 10, 2007 (evidence
file, folio 16).
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