54 c) even when motivated by public order or the general welfare, limitations on freedom of expression and on human rights in general, “cannot degenerate to the point that they end up draining those rights of all content.” There is a classic conflict between freedom of expression and protection of privacy. However, the principle of proportionality must be strictly observed in this area, since otherwise freedom of expression could be weakened; and d) the Commission has established that the right to freedom of expression and information is one of the principal mechanisms society has to exercise democratic control over persons charged with public affairs. 102(2) With regard to the alleged violation of Article 13 by the conviction under criminal law and by the fact that Mr. Mauricio Herrera Ulloa was found guilty on four counts of the crime of publishing offenses constituting defamation, the alleged victims’ representatives pointed out that: a) they fully concur with the Commission’s contention that the Costa Rican courts’ conviction of Mr. Herrera Ulloa constitutes a violation of his freedom of expression. The conviction does not fit either precondition established in Article 13(2) of the Convention for subsequent imposition of liability, one of which is protection of reputation; but this is not the protection of honor and reputation of which Article 11 of the Convention speaks; b) the criminal law on defamation, calumny and offense, invoked to convict Mr. Mauricio Herrera Ulloa, is expressly contemplated in the legislation for protection of the honor, reputation and privacy of persons. However, to prosecute, convict and punish a person under criminal law, for conduct involving statements on issues of public interest is a violation of Article 13 of the Convention, as there is no pressing social need that justifies punishment under criminal law; c) the State must refrain from censoring news of public interest that concerns the conduct of public officials or private citizens voluntarily engaged in public affairs, and must provide that information to its citizens; d) because of the nature of their functions, public officials are subject to public scrutiny and must be more tolerant of criticism, which means that the degree of protection of privacy and reputation that they enjoy is different from that enjoyed by private citizens. Costa Rican journalists and the media could not turn a blind eye to the controversy reported in the Belgian press involving diplomat Przedborski, a public figure alleged to have been implicated in acts of corruption. Journalists and the media had a professional responsibility to inform the public about the controversy unleashed in the Belgian press surrounding that diplomat; e) Mr. Herrera Ulloa, as a journalist, and “La Nación”, as a newspaper, aroused public discussion about a public official, which is a pressing social need within a democratic society. The liabilities that the State subsequently imposed upon them overstep the boundaries of Article 13(2) of the Convention;

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