3
10.
The plurality of the media may be impaired by a direct action or intervention
of the State, as indicated by the facts of this case. However, the Court clarified that
violations may also occur without direct State intervention, as this judgment clearly
reveals.13 In this regard, the Court emphasized criteria established in its consistent
case law, indicating that “[t]his may occur, for example, when, owing to the existence
of monopolies or oligopolies in the ownership of the media, a practice is established
of ‘mechanisms aimed at preventing the communication and circulation of ideas and
opinions.’”14 Thus, the Court endorsed the criteria contained in the Declaration of
Principles on freedom of expression and incorporated this, establishing as an
interpretive standard of international law that “[m]onopolies or oligopolies in the
ownership and control of the communication media must be subject to anti-trust
laws, as they conspire against democracy by limiting the plurality and diversity which
ensure the full exercise of people’s right to information.”15
11.
In keeping with the right to plurality of the media and news, the Court recalled
the positive obligations of the States derived from this right and that other
international courts have already determined with precision. This was clearly
established by the European Court of Human Rights “in the case of Centro Europa 7
S.R.L. and Di Stefano v. Italy (2012), [in which it] indicated that, in addition to the
negative duty of non-interference, the State has a positive obligation to put in place
an appropriate legislative and administrative framework to guarantee effective
pluralism and diversity. Also, when determining that the State had a positive
obligation to ensure an appropriate legislative and administrative framework to
guarantee effective pluralism, the Court referred to Recommendation CM/Rec(2007)2
of the Council of Ministers on media pluralism and diversity of media content,
reaffirming that: “In order to protect and actively promote the pluralistic expressions
of ideas and opinions as well as cultural diversity, member States should adapt the
existing regulatory frameworks, particularly with regard to media ownership, and
adopt any regulatory and financial measures called for in order to guarantee media
transparency and structural pluralism as well as diversity of the content
distributed.”16
12.
In the context of this standard of analysis, and reiterating what it had already
established in its consistent case law, the Inter-American Court strongly emphasized
the positive obligation; in other words, the obligation of the States to guarantee the
pluralism of the media: “the States have the international obligation to adopt the
measures necessary ‘to give effect to’ the rights and principles established in the
Convention, as stipulated in Article 2 of this inter-American instrument, and to this
end they must establish laws and public policies that guarantee the pluralism of
information and news on the different media, such as the press, radio and
television.”17
13.
Consequently, as a result of the international obligation of the States to
guarantee the plurality of the media, they must adopt “the necessary measures,”
which include “laws and public policies” that guarantee “the pluralism of information
and news on the different media, such as the press, radio and television.” Thus, the
enumeration of the possible ways to comply with this international obligation includes
a key guiding concept which is that of “the necessary measures,” and the mention of
“laws and public policies” should be understood as one of several ways available to
comply with this general obligation. As in the case of the different international
13
Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, para. 143.
14
Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, para. 143.
15
Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, para. 143.
16
Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, para. 145, footnote 214.
17
Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, para. 145.
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