53
the content of the news is to be, which is not within the limitations permitted
under Article 13 of the Convention;
b)
the direct effect of the orders given in the judgment of conviction is
one of prior censorship, which presupposes control and veto power over news
before it is disseminated; thus, the individual whose expression has been
censored and society as a whole are prevented from exercising their right to
freedom of expression and information. The court orders also impair the
journalist’s right to impart information on issues of legitimate public interest
that are available in the foreign press; and
c)
the prohibition against prior censorship to protect the honor of a public
official is absolute and not covered by any of the exceptions provided for in
Article 13 of the Convention.
101(6) With regard to Mr. Fernán Vargas Rohrmoser’s status as alleged victim
inasmuch as he was directly affected by the enforcement of the court judgment, the
Commission argued that:
a)
Mr. Vargas Rohrmoser’s status as an alleged victim is due to the fact
that “he would have personally paid” the consequences of failing to comply
with the order for enforcement of the judgment of conviction for defamation,
and the fact that the penalties imposed were disproportionate and prohibited
by the American Convention;
b)
his status as an alleged victim is not lifted by the State’s claim that if
he failed to comply with the order for enforcement of the judgment ordering
execution of judgment, Mr. Rohrmoser would not have served time in prison
for the crime of contempt of authority; and
c)
the warning given to Mr. Vargas Rohrmoser on April 3, 2001, to the
effect that if he failed to comply with the judgment of conviction, he might be
committing the crime of contempt of authority, is the factor that makes him
an alleged victim.
Pleadings of the alleged victims’ representatives
102. As for Article 13 of the Convention, the alleged victims’ representatives
argued the following:
102(1)
On the subject of freedom of expression in a democratic society:
a)
Article 13 of the American Convention has two dimensions: the
individual and the social. Mauricio Herrera Ulloa’s articles cut across both
dimensions of freedom of expression;
b)
freedom of expression is subject to certain legitimate limits. The
exceptional nature of those limitations is evidenced in paragraph 2 of Article
13 of the American Convention. Paragraph 3 of that article also prohibits
restriction of this right by any indirect methods or means, which it
enumerates, although not exhaustively;
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