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
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