5
and, needless to say, equality, understood not only as the right to be free from discrimination,
but as the right to enjoy certain basic social rights.”9 Furthermore, free access to information
is essential for the satisfactory exercise of political rights.10
24.
Meanwhile, freedom of the press is one of the ways of implementing the triple functions
of freedom of expression, insofar as it guarantees one of the spaces in which it is possible to
exercise it. Moreover, it makes it possible to exercise freedom of expression by allowing the
dissemination of ideas, news and information in vehicles with widespread coverage. However,
as can be seen, despite its ability to reinforce freedom of expression, freedom of the press is
not the only or the fundamental means of exercising it.
25.
From this differentiation, it is evident that the re-establishment of the concession
obtained by means of the judgment is related legally to the freedom of the press of RCTV, even
though it may affect the freedom of expression of the petitioners. Thus, despite understanding
the relevance of the freedom of the press being guaranteed under the democratic rule of law,
the renewal of the concession in this case, as a corporate right of a legal person, should not
have been granted by this Court because, substantively, the Convention only allows physical
persons to have access to the inter-American system of petitions.
3.2.
Freedom of expression and freedom of the press in the context of the 2002
coup d’état: application of Article 13 of the American Convention
26.
In light of the content of the right to freedom of expression and its realization in
contemporary societies, mainly through the media, it can be affirmed that the media play a
lead role in this deliberation, as they allow individuals to access both the relevant information
and a variety of perspectives that are necessary for reaching reasonable and informed
conclusions on public matters.11
27.
The scenario of the April 2002 coup d’état, as the Inter-American Commission verified
in situ was characterized by the fact that the Venezuelan media did not always act responsibly
or ethically. RCTV took part in and contributed to the so-called communications blackout that
occurred at the time, which hindered Venezuelan society’s access to vital information on the
institutional crisis experienced at the time, a conduct that seriously undermined freedom of
expression and the democratic rule of law.12 Thus, any person could have lodged a petition with
the IACHR against the State owing to the actions of RCTV and other companies, which is not
what is being analyzed in this case. However, when evidence or proof in this regard is found in
the analysis of a case, it should be taken into account when establishing and quantifying
responsibilities.
28.
As we have seen, the media allow members of society to exercise their right to seek and
to impart information. Therefore, the media owes its primary duty of responsibility to the public,
rather than to the government. The main purpose of the media, and freedom of expression
Special Rapporteurship for freedom of expression (Inter-American Commission for Human Rights). InterAmerican Legal Framework regarding the right to freedom of expression, OEA/Ser.L/V/II CIDH/RELE/INF.2/09,
Washington D.C., 2009, para. 9.
9
Special Rapporteurship for freedom of expression (Inter-American Commission for Human Rights). InterAmerican Legal Framework regarding the right to freedom of expression, OEA/Ser.L/V/II IACHR/RELE/INF.1/09,
Washington D.C., 2009, para. 5.
10
Special Rapporteurship for freedom of expression (Inter-American Commission for Human Rights). Freedom of
Expression Standards for Free and Inclusive Broadcasting. OEA/Ser.L/V/II IACHR/RELE/INF.3/09, Washington D.C.,
2009, para. 5.
11
Report of the Inter-American Commission on Human Rights on the situation of human rights in Venezuela
(2003): http://www.cidh.org/countryrep/Venezuela2003eng/toc.htm, consulted September 3, 2015.
12
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