63
determination of tort liability for the alleged crime or offense;” and
i)
compliance with “the recommendation contained in Report No. 20/03 of
the Commission” would be achieved through the enactment of Law No. 20,048
and the aforesaid bill to regulate the withdrawal from circulation and the
seizure of publications “[and] within this new legal framework, Mr. Humberto
Palamara-Iribarne would be able to request, under the principle of in dubio pro
reo, that the judgments of conviction rendered against him be reversed and all
criminal charges be expunged from his record.” Furthermore, in said context,
the Chilean Government is ready, willing and able to participate together with
the petitioner in the adoption of any such forms of symbolic reparation that
may be agreed with him for the purpose of restoring the affected rights, thus
consolidating, through a specific and well-known case, the improvement of the
Chilean legal system to ensure the effective enforcement of the fundamental
rights and freedoms.”
Considerations of the Court
67.
Article 13 of the American Convention sets forth, inter alia, that:
1.
Everyone has the right to freedom of thought and expression. This
right includes freedom to seek, receive, and impart information and ideas
of all kinds, regardless of frontiers, either orally, in writing, in print, in the
form of art, or through any other medium of one’s choice.
2.
The exercise of the right provided for in the foregoing paragraph
shall not be subject to prior censorship but shall be subject to subsequent
imposition of liability, which shall be expressly established by law to the
extent necessary to ensure:
a.
respect for the rights or reputations of others; or
b.
the protection of national security, public order, or public
health or morals.
3.
The right of expression may not be restricted by indirect methods or
means, such as the abuse of government or private controls over
newsprint, radio broadcasting frequencies, or equipment used in the
dissemination of information, or by any other means tending to impede
the communication and circulation of ideas and opinions.
4.
Notwithstanding the provisions of paragraph 2 above, public
entertainments may be subject by law to prior censorship for the sole
purpose of regulating access to them for the moral protection of childhood
and adolescence.
[…]
68. As asserted by this Court on earlier occasions, a violation of Article 13 of the
Convention may take different forms, depending on whether the violation results in
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