characteristics and circumstances, considering the existence of elements and the extent
thereof on which the considerations regarding proportionality are to be based”. 161
103. To this effect, the right to rectification or response, provided for in Article 14 of
the Convention, may be an appropriate means to protect the right to honor of a person
who believes that he or she has been affected by inaccurate or offensive information.
Accordingly, the Court held that “[t]he inescapable relationship between these articles
can be deduced from the nature of the rights recognized therein since, in regulating the
application of the right of reply or correction, the States Parties must respect the right
of freedom of expression guaranteed by Article 13. They may not, however, interpret
the right of freedom of expression so broadly as to negate the right of reply proclaimed
by Article 14(1).” 162
104. On this matter, this Court has reiterated in its case law that Article 13(2) of the
American Convention establishes that subsequent liability for the exercise of freedom of
expression must comply with the following requirements concurrently: (i) be previously
established by law, both formally and materially 163, (ii) respond to a purpose permitted
by the American Convention (“respect for the rights or reputations of others” or “the
protection of national security, public order, or public health or morals”), and (iii) be
necessary in a democratic society (and therefore comply with the requirements of
appropriateness, necessity and proportionality). 164
105. Regarding the first requirement, strict legality, the Court has established that the
restrictions must be previously established in law as a means to ensure that they are not
left to the will of public authorities. For this, the criminal definition of a conduct must be
clear and accurate, 165 even more so if it is a case of convictions of the criminal law and
not of the civil law. 166
106. Article 13(2) of the Convention refers to the second aspect, that is, the permitted
or legitimate purposes. Insofar as this case deals with the restriction of the right to
freedom of expression due to a complaint filed by a private citizen, the Court will consider
only the purpose found in subparagraph (a) of the aforementioned Article, namely, respect
for the reputation or rights of others. 167
107. The Court has found that when this legitimate purpose is pursued, it is necessary
for the State to weigh up the right to freedom of expression of the person who
161
Cf. Case of Kimel v. Argentina, supra, par. 51, and Case of Álvarez Ramos v. Venezuela, supra, par. 103.
Cf. Demand for the Right of Reply (Arts. 14(1), 1(1) and 2 American Convention on Human Rights).
Advisory Opinion OC-7/86 of August 29, 1986. Series A No. 7. par. 25.
162
Cf. The expression "Laws" in Article 30 of the American Convention on Human Rights. Advisory Opinion
OC-6/86 of May 9, 1986. Series A, No. 6, par. 35 and 37, and Case of Álvarez Ramos v. Venezuela, supra,
par. 104.
163
Cf. Case of Tristán Donoso v. Panama, supra, par. 56, and Case of Urrutia Laubreaux v. Chile.
Preliminary Exceptions, Merits, Reparations and Costs. Judgment of August 27, 2020. Series C No. 409, par.
85.
164
165
105.
Cf. Case of Kimel v. Argentina, supra, par. 77, and Case of Álvarez Ramos v. Venezuela, supra, par.
166
Cf. Case of Kimel v. Argentina, par. 77, and Case of Álvarez Ramos v. Venezuela, supra, par. 105.
167
Cf. Case of Álvarez Ramos v. Venezuela, supra, par. 106.
37