48
be guaranteed as regards the dissemination of information or ideas that are received favorably
or considered inoffensive or indifferent, but also as regards those that are disagreeable for the
State or any sector of the population. Any condition, restriction or penalty in this regard must
be proportionate to the legitimate purpose sought.197 The democratic system is weakened and
pluralism and tolerance suffer if freedom of expression is not guaranteed effectively; moreover,
the population’s complaint and control mechanisms may become inoperative and, finally, a
fertile ground is created for authoritarian systems to take root. 198 Thus, Articles 3 and 4 of the
Inter-American Democratic Charter stress the importance of freedom of expression in a
democratic society, by establishing that “[e]ssential elements of representative democracy
include, inter alia, respect for human rights and fundamental freedoms, access to and the
exercise of power in accordance with the rule of law, the holding of periodic, free, and fair
elections based on secret balloting and universal suffrage as an expression of the sovereignty
of the people, the pluralistic system of political parties and organizations, and the separation
of powers and independence of the branches of government” and “[t]ransparency in
government activities, probity, responsible public administration on the part of governments,
respect for social rights, and freedom of expression and of the press are essential components
of the exercise of democracy.”
141. From the outset, this Court has emphasized the importance of pluralism in the context
of the right to freedom of expression, indicating that this signifies tolerance and a spirit of
openness,199 without which a democratic society does not exist. The relevance of pluralism has
been stressed by the OAS General Assembly in different resolutions in which it has reaffirmed
that: “free and independent media are fundamental for democracy, for the promotion of
pluralism, tolerance, and freedom of thought and expression, and for the facilitation of dialogue
and debate, free and open to all segments of society, without discrimination of any kind.”200
142. In particular, the Court has indicated that the plurality of the media and news 201
constitutes an effective guarantee of freedom of expression,202 and the State has a duty to
protect and ensure this under Article 1(1) of the Convention, by minimizing restrictions to
information and encouraging a balanced participation,203 and by allowing the media to be open
to all without discrimination,204 because the idea is that “no individuals or groups are, a priori,
of Vélez Restrepo and family members v. Colombia, para. 141
Cf. Case of “The Last Temptation of Christ” (Olmedo Bustos. v. Chile, para. 69; and Case of Perozo et al. v.
Venezuela, para. 116.
197
Cf. Case of Herrera Ulloa v. Costa Rica. Preliminary objections, merits, reparations and costs. Judgment of July
2, 2004. Series C No. 107, para.116; and Case of Vélez Restrepo and family members v. Colombia, para. 141.
198
Cf. Case of “The Last Temptation of Christ” (Olmedo Bustos et al.) v. Chile, para. 69, and Case of Perozo et al.
v. Venezuela, para. 116.
199
AG/RES. 2679 (XLI-O/11) Right to Freedom of Thought and Expression and the Importance of the Media
(Adopted at the fourth plenary session, held on June 7, 2011), para. 5; AG/RES. 2523 (XXXIX-O/09) Right to Freedom
of Thought and Expression and the Importance of the Media (Adopted at the fourth plenary session, held on June 4,
2009), para. 5; AG/RES. 2434 (XXXVIII-O/08) Right to Freedom of Thought and Expression and the Importance of the
Media (Adopted at the fourth plenary session, held on June 3, 2008), para. 5; AG/RES. 2287 (XXXVII-O/07) Right to
Freedom of Thought and Expression and the Importance of the Media (Adopted at the fourth plenary session, held on
June 5, 2007), para. 5; AG/RES. 2237 (XXXVI-O/06) Right to Freedom of Thought and Expression and the Importance
of the Media (Adopted at the fourth plenary session, held on June 6, 2006), para. 5; Cf. AG/RES. 2149 (XXXV-O/05)
Right to Freedom of Thought and Expression and the Importance of the Media (Adopted at the fourth plenary session,
held on June 7, 2005), para. 4.
200
Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism, para. 34, and
Case of Perozo et al. v. Venezuela, para. 117.
201
Cf. Case of Herrera Ulloa v. Costa Rica, para. 116, and Case of Vélez Restrepo and family members v. Colombia,
para. 141.
202
203
Cf. Case of Kimel v. Argentina, para. 57, and Case of Perozo et al. v. Venezuela, para. 117.
204
Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism, para. 34.