B.3 Content of the right to freedom of expression
101. In its case law, the Court has given ample content to the right to freedom of expression,
recognized in Article 13 of the Convention. The Court has indicated that this provision protects
the right to seek, receive and disseminate ideas and information of all kinds, as well as the
right to receive and know the information and ideas disseminated by others.120 It has also
pointed out that freedom of expression has an individual dimension and a social dimension,
from which it has derived a series of rights that are protected in said article.121 The Court has
affirmed that both dimensions are of equal importance and must be fully guaranteed
simultaneously, in order to give full effect to the right to freedom of expression, in the terms
provided for in Article 13 of the Convention.122
102. The first dimension of freedom of expression includes the right to use any appropriate
means to disseminate opinions, ideas and information in order to reach the greatest number
of recipients. In this sense, expression and dissemination are indivisible, so that a restriction
on the possibilities of dissemination represents directly, and to the same extent, a restriction
on the right to express oneself freely. Similarly, the Court has pointed out that the social
dimension of the right to freedom of expression implies everyone’s right to know opinions,
stories and news expressed by third parties. For the ordinary citizen, knowledge of the
opinions of others or the information available to others, is as important as the right to
disseminate one’s own. That is why, in light of both dimensions, freedom of expression
requires, on the one hand, that no one be arbitrarily undermined or prevented from expressing
his or her own thoughts and, on the other hand, it implies a collective right to receive any
information and to know the expression of other people’s thoughts.123
B.4 Permissible restrictions on freedom of expression and the application of
subsequent liabilities
103. The Court has reiterated that freedom of expression is not an absolute right. Article
13(2) of the Convention, which prohibits prior censorship, also provides for the possibility of
demanding subsequent liability for the abusive exercise of this right, including to ensure
“respect for the rights or reputation of others” (paragraph (a) of Article 13(2)). These
restrictions are of an exceptional nature and must not limit, beyond what is strictly necessary,
the full exercise of freedom of expression and become a direct or indirect mechanism of prior
censorship.124 Thus, the Court has established that such subsequent liabilities can be imposed,
only insofar as the right to honor and reputation could have been affected.125
104. On this matter, this Court has reiterated in its case law that Article 13(2) of the
American Convention establishes that subsequent liability for the exercise of freedom of
expression must comply with the following requirements concurrently: (i) be previously
120
Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and
29 of the American Convention on Human Rights). Advisory Opinion OC-5/85 of November 13, 1985. Series A No. 5,
para. 30, and Case of Moya Chacón et al. v. Costa Rica, supra, para. 62.
121
Cf. Case of “The Last Temptation of Christ” (Olmedo Bustos et al.) v. Chile, supra, para. 64, and Case of
Palacio Urrutia et al. v. Ecuador, supra, para. 97.
122
Cf. Case of Ivcher Bronstein v. Peru. Reparations and costs. Judgment of February 6, 2001. Series No. 74,
para. 149, and Case of Palacio Urrutia et al. v. Ecuador, supra, para. 97.
123
Cf. Case of Ivcher Bronstein v. Peru, supra, para. 146, and Case of Palacio Urrutia et al. v. Ecuador, supra,
para. 98.
124
Cf. Case of Herrera Ulloa v. Costa Rica, supra, para. 120, and Case of Palacio Urrutia et al. v. Ecuador, supra,
para. 100.
125
Cf. Case of Mémoli v. Argentina, Preliminary objections, merits, reparations and costs. Judgment of August
22, 2013. Series C No. 265, para. 123, and Case of Moya Chacón et al. v. Costa Rica, supra, para. 73.
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