17 affects the ability of the editor of the newspaper to impart information; it also hurts the reputation of the business. As legal representative of “La Nación,” the alleged victim believes that the court judgment against the newspaper was prejudicial to its ability to impart information. As a member of the Board of Directors, the decision as to whether or not to publish a given article is not Mr. Rohrmoser’s immediate responsibility. Board members do not have a role in that process. All the same, they consider themselves answerable to the owners of the business for the “exaggerated amounts […] that they have been ordered to pay as a result of court judgments” that find the newspaper at fault. All this affects the business’ finances. The newspaper has “sixty million colones” on deposit with the Court seized of the matter. In the instant case, the established procedures for editing articles published in “La Nación” were “scrupulously” followed. Those procedures basically strive to “strike a careful balance so that every article airs the views of the person or persons affected or [of] the actors in the matter being reported in the newspaper; standards of journalistic style are followed, [featuring] full verification of the facts and use of proper language in telling the story.” These procedures begin with the journalist himself or the person writing the article, the head of his section or editor. Then, as the facts begin to gel, the story moves up the chain of command until it reaches the legal advisor, whose job is to make certain that “all matters that might touch upon the law are being carefully observed.” Other players in this process include the news chiefs, the editorial chief and the director of the newspaper. The judgment in question required the witness to make payment in the name of the newspaper “La Nación” or face charges and “serve time in prison if the ordered damages are not paid.” All this has left him fearful that he might be prosecuted at any time and “afraid of the negative effects all this could have on his career.” That anxiety and fear still persist, as the court ruling that ordered him to comply or to “be prosecuted for contempt” has not been set aside. The witness is turning to the Court both as an individual and as the representative of “La Nación” newspaper, and hopes that “the judgment will be nullified, as otherwise it will have a profound impact on democracy in Costa Rica.” c. Expert testimony of Rubén Hernández Valle, attorney Legally speaking, the law cannot require that everything that is published be true. As Spain’s Constitutional Court has held, “were truth to be prerequisite for the right [to free speech], then silence would be the only guarantee of legal certainty.” Spain’s Constitutional Court has developed the theory of neutral reporting, which applies “in those cases in which a communications medium is simply reporting statements made by third parties that violate the law […] honor, personal and family privacy and one’s good name.” For Spain’s Constitutional Court, the consequence of the theory of neutral reporting is that the duty of diligent reporting is served when the existence of the fact or