profession” 114 and that, in this case, “a serious omission and a lack of due care” had occurred, as well as negligent action 115 by, among others, the said journalists. In this regard, the Court notes that, after obtaining the initial information on the alleged liquor contraband that was occurring on the southern border with Panama, the journalist Parrales Chaves proceeded to consult the OIJ regarding whether that entity was investigating the region’s police chief. 116 Also, a matter that is fundamental for the analysis of this case is that the journalist Moya Chacón proceeded to verify the information with the Minister of Public Security. In this regard, during the public hearing, Mr. Moya Chacón pointed out that it was his usual practice to have recourse to that Minister to corroborate this kind of information. 117 In the instant case, the information published in the newspaper article came from an official source; therefore, the journalists could not be required to make additional verifications. 118 90. In this regard, the judgment of the Trial Court reproached the journalists for failing to have recourse to the Judiciary’s Press Office “to verify the details of the criminal case.” 119 This signified that the said court was suggesting a preferential source, based on its own criteria, which was a disproportionate requirement in relation to freedom of expression, one that was extremely restrictive for freedom of the press. The Court notes that it would be erroneous if what, in reality, is an obligation of the public authorities – namely, to provide information to the public in general and to journalists in particular – is confused with the obligation of journalists to have recourse to one specific type of source as compared to others, particularly, when those sources are official. Imposing such criteria would entail establishing a mechanism of prior intervention in the way in which journalists perform their task which, in turn, could become an act of censorship. 120 Indeed, an excessively rigorous control of journalistic methods may have a chilling effect on the work of the press. 121 91. Furthermore, it should be stressed that the journalists consulted the person mentioned in the article, J.C.T.R., directly, and he declined to respond to their request 114 Cf. Second Circuit Criminal Court of San José, Goicoechea, Judgment of January 10, 2007 (evidence file, folio 16). 115 Cf. Second Circuit Criminal Court of San José, Goicoechea, Judgment of January 10, 2007 (evidence file, folio 21). Cf. Affidavit of Freddy Parrales Chaves dated January 27, 2022, p. 2 (evidence file, folio 1451). Also, during the public hearing, Mr. Moya Chacón stated that: “the genesis or origin of this information was a phone call from our correspondent in the area, Freddy Parrales, who said to me: Ronald, I have this information; members of the Judicial Investigation Department are telling us that there is problem with some police chiefs in the area.” Statement made by Ronald Moya Chacón at the public hearing held on February 14, 2022, during the Court’s 146th regular session. 116 117 Cf. Statement made by Ronald Moya Chacón at the public hearing held on February 14, 2022, during the Court’s 146th regular session. Cf. ECHR, Bladet Tromsø and Stensaas v. Norway [GS], no. 21980/93, Judgment of May 20, 1999, para. 72; Selistö v. Finland, no. 56767/00, Judgment of November 16, 2004, para. 60; Yordanova and Toshev v. Bulgaria, no. 5126/05, Judgment of October 2, 2012, para. 51, and Koniuszewski v. Poland, no. 619/12, Judgment of June 14, 2016, para. 58. 118 Cf. Second Circuit Criminal Court of San José, Ruling of September 28, 2009 (evidence file, folios 19 and 21). 119 Cf. Expert opinion provided by Joan Barata Mir at the public hearing held on February 14, 2022, during the Court’s 146th regular session. 120 Cf. ECHR, Bozhkov v. Bulgaria, no. 3316/04, Judgment of April 19, 2011, para. 51, Yordanova and Toshev v. Bulgaria, no. 5126/05, Judgment of October 2, 2012, para. 55, and Fedchenko v. Russia (No.3), no. 7972/09, Judgment of October 2, 2018, para. 53. 121 28

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