6.
With regard to the domestic legal framework under which Messrs. Moya Chacón and
Parrales Chaves were prosecuted, this relates to the offense of libel established in article 7 of
the Printing Act in relation to Article 145 of the Criminal Code, and also the offense of
defamation established in article 146 of the said Criminal Code. Regarding the latter, it is
relevant to underline that the Inter-American Court considered that this article was not
incompatible per se with the inter-American legal framework insofar as it was interpreted in
accordance with the Convention’s principles concerning freedom of expression. In other
words, the Court reaffirmed the need to conduct the corresponding control of conventionality
when applying this article. It is evident that, faced with the neutrality of a norm that may
result in the violation of rights – such as freedom of expression in this case – it is the task of
the domestic judge to make an interpretation that accords with the American Convention and
the case law of this Court.
II.
THE SUBSEQUENT LIABILITY OF JOURNALISTS AND THE USE OF CRIMINAL
LAW IN DEMOCRATIC SOCIETIES
7.
Following the Court’s consistent case law, this judgment reaffirms the importance of
freedom of expression in matters of public interest. The protection of critical speech permits
the existence of a pluralism of ideas and encourages citizens to control the actions of their
leaders by participating in public affairs. 1
8.
Although in this specific case – as can be noted from the facts described above – the
Trial Court excluded a criminal sanction and, therefore, it was not necessary to analyze
criminal liability, the consistent case law of this Court should be reiterated: that the application
of criminal liability to journalists in cases aimed at protecting the honor of public officials is
inadmissible. Hence, it is pertinent to repeat the factual assumptions and relevant standards
of the precedents Álvarez Ramos v. Venezuela of August 30, 2019, 2 and Palacio Urrutia et al.
v. Ecuador of November 24, 2021. 3
The European Court of Human Rights has considered that Article 10 of the European
9.
Convention “leaves it for journalists to decide whether or not it is necessary to reproduce such
documents [supporting their assertions] to ensure credibility. It protects journalists' right to
divulge information on issues of general interest provided that they are acting in good faith
and on an accurate factual basis and provide ‘reliable and precise’ information in accordance
with the ethics of journalism.” 4 Thus, in light of the facts of the instant case, the consultation
of one authoritative source was sufficient and any requirement beyond this was an action that
was not protected by Article 13(2) of the Convention. Hence, the imposition of requirements
and formalities for gathering information may have a chilling effect on the work of the press
and impair its role in a democratic society (infra para. 24).
10. In the case of Álvarez Ramos v. Venezuela, the Court considered that the State was
responsible for violating the right to freedom of expression and for the political disqualification
of Tulio Álvarez Ramos owing to the criminal proceedings instituted against him for the
perpetration of the offense of continuing aggravated defamation. The action was filed by a
former member and President of the Venezuelan National Assembly and resulted in a sentence
Concurring opinion of Judges Eduardo Ferrer Mac-Gregor Poisot and Ricardo C. Pérez Manrique. Case of Palacio
Urrutia et al. v. Ecuador, para. 7
1
Case of Álvarez Ramos v. Venezuela. Preliminary objection, merits, reparations and costs. Judgment of August
30, 2019. Series C No. 380.
2
Case of Palacio Urrutia et al. v. Ecuador. Merits, reparations and costs. Judgment of November 24, 2021.
Series C No. 446.
3
4
ECHR, Fressoz and Roire v. France [GS], 21/01/1999, para. 54