II. FREEDOM OF EXPRESSION, A PILLAR OF THE RULE OF
LAW
4.
The judgment establishes in its paragraphs 107 and following
that the State is internationally responsible for the violation of Ms.
Bedoya's right to freedom of thought and expression, enshrined in
Article 13 of the Convention. It is noted that “the provision protects
the right to seek and receive ideas and information of all kinds, as
well as to know and receive information and ideas disseminated by
others.”
5.
It has also noted that freedom of expression includes two
dimensions: an individual dimension and a social dimension.
Specifically, as regards the professional exercise of journalism, “it
cannot be differentiated from freedom of expression. On the contrary,
both are obviously intertwined, for the professional journalist is not,
nor can he be, anything but someone who has decided to exercise
freedom of expression in a continuous, regular and paid manner.”
6. For this reason, when analyzing the scope of the right to freedom
of expression, its recognition establishes for the State the positive
obligation to guarantee its free exercise, amounting to an obligation
to prevent violence against journalists and "protect those who are at
special risk due to the exercise of their profession and to investigate,
prosecute, and punish, with due diligence, those responsible for these
acts of violence." 1
7.
The intimidating and chilling effect of constant threats to
journalists harms democratic society. In this regard, the RELE has
indicated in its report “Silenced Zones” that “impunity has a strong
chilling effect on the exercise of freedom of expression, and its
consequences for democracy—which depends on the free, open and
dynamic exchange of ideas and information—are particularly
serious.” 2 Also, IFEX indicated in its Amicus Curiae brief that “The
aspects silenced by this intimidating effect include reporting on other
violence, including the violence itself against the press, generating a
cycle of impunity (...) Impunity for attacks on journalists has a
chilling effect on the victims and society. The fear of these persons is
1
Testimony of Dr. Catalina Botero.
Office of the Special Rapporteur for Freedom of Expression, “Silenced Zones: Highly Dangerous Areas
for the Exercise of Freedom of Expression,” pg. 12.
2
2
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