32
.
c) that the speeches would prove “a state policy made up by threats, attacks, and violations
to the freedom of expression by the different bodies of the public power of the State.”
114. In its final written arguments, the State reiterated that the evidence presented does
not prove the alleged cause-effect relationship.
115. The Court observes that the arguments presented by the Commission in its
application coincide with certain scopes and conclusions of its Report on Merits No. 119/06
of October 26, 2006, regarding the content of some statements of high State officials, but is
contradicting with regard to others. On one hand, the Commission “considered it
fundamental to separate” the statements that referred to threats to annul or not renew the
permit or concession of the private communication firms, from the “expressions that
constitute the legitimate exercise of the right to freedom of thought and expression by
those high State authorities.” With regard to the latter, the Commission verified that in said
pronouncements “reference has been made [to RCTV] as “horsemen of the Apocalypses”,
“fascists”, who have “set out on a campaign of terrorism”, who are caught up in actions
against the government of Venezuela, against the people, against the laws, and against the
Republic,” “liars, perverts, immoral people, rebels, and terrorists,” but it made the following
considerations:
[…]the majority of the pronouncements enclosed […] even though they may have a strong and
critical content that may even be considered offensive, constitute legitimate expressions of
though and opinions on the specific ways in which a means of communication can exercise the
journalism that is protected and guaranteed under Article 13 of the American Convention and the
Commission does not consider that they constitute a violation in any sense of that instrument.
212.
The media and social communicators exercise a function that has per se a public nature.
The particular exposure to criticism to which those who voluntarily decide to show the public their
work is evident. The opinion of those who receive the information produced by the media and its
employees promotes the responsible exercise of the duty to inform, especially taking into
consideration the importance the credibility achieved through the informative task has for the
media and its employees.
213.
Therefore, it is evident that in the framework of the public debate in Venezuela the
subject of how the media fulfills its tasks is a matter of public discussion and because of that the
criticism and characterizations made within this framework by officials or individuals must be
tolerated as long as they do not lead directly to violence.[…]
214.
Additionally, it is not possible to conclude, based on the statements of the Commission
in its Report on the Situation of Human Rights in Venezuela, that during the visit in loco it carried
out it became aware of actions carried out by the media and that prevented the access to vital
information of the Venezuelan society during the tragic events of April 2002 that led to the coup
d’etat and the recovery of democracy. In this regard, it stated that even though the editorial
decisions motivated by political reasons do not infringe any of the rights guaranteed by the
Convention, the best way to contribute to debate is to allow the media to comply scrupulously
with their task to inform the population.
215.
Based on these considerations, the Commission considers that said statements of the
officials, despite the fact that they could be shocking, strong, offensive, or lacking good judgment
at a time when Venezuelan history saw its population clearly divided by political positions cannot
be considered a non-compliance by the State of the duty to respect to the right to freedom of
thought and opinions, when instead it is a clear representation of its exercise82 (emphasis added)
116. On the other hand, upon analyzing the facts under Article 13 of the Convention, in
the mentioned Report on Merits, the Commission considered it important to take into
account the content of some of those pronouncement, to the effect of determining if the
different instances of the State had adopted the measures they could reasonably adopt
upon being aware of the risk for the journalists and employees of RCTV. The Commission
82
IACHR. Report on merits No. 119/06 of October 26, 2006, paras. 211 to 215 (dossier of evidence, volume
I, folios 52-54).