The need to protect the right to have one’s honor respected and one’s dignity recognized, as
well as other rights which might be affected by the abusive exercise of freedom of thought
and expression, requires due compliance with the limitations imposed by the Convention in
this regard. These limitations must be in accordance with strict proportionality criteria. 6
In another case (in which the dispute arose between the right to privacy and freedom of
expression), the Court stated:
In this context, the Court must find a balance between privacy and freedom of expression
that, without being absolute, are two fundamental rights guaranteed in the American
Convention and of great importance in a democratic society. The Court recalls that each
fundamental right must be exercised respecting and safeguarding the other fundamental
rights. In this process of harmonization, the State plays a central role seeking to establish the
necessary responsibilities and penalties to achieve this end. The need to protect the right that
could be harmed by an abusive exercise of freedom of expression calls for due observance of
the limits established in this regard by the Convention itself. 7
13.
In the cases submitted to the Court to date, the decision adopted has favored
freedom of expression, based on a reasoning that, on the one hand, underlines the
particular importance of this freedom for the functioning of a democratic society and, on the
other hand, reduces the importance of the protection of honor in the case of public officials
or public figures, provided that matters of public interest are involved.
Particular importance of freedom of expression
14.
The Court has emphasized the particular importance of freedom of expression in a
democratic society in the following terms, which I share:
In its case law the Court has established that the social media play an essential role as
vehicles for the exercise of the social dimension of freedom of expression in a democratic
society and, for this reason, it is indispensable that they reflect the most diverse
information and opinions. The said media, as essential instruments of freedom of thought
and expression, must exercise their social function with responsibility.
Given the importance of freedom of expression in a democratic society and the elevated
responsibility that this entails for professionals involved in the area of social
communication, the State must not only reduce to a minimum the restrictions on the
circulation of information, but must also ensure, insofar as possible, the balanced
participation of diverse information in the public debate, encouraging the pluralism of
information. Consequently, the flow of information must be regulated by equity. It is in
these terms that the protection of the human rights of the individual in the face of the
power of the media, and the attempt to ensure structural conditions that allow the
equitable expression of ideas can be explained. 8
Lessening the importance of the protection of honor
15.
In addition, the Court – in case law that I endorse – has indicated repeatedly that,
when public officials or public figures are involved and the statements to which the case
refers relates to matters of public interest, the intensity of the protection of honor is
lessened. In particular, in the Kimel case, it stated:
6
Case of Kimel v. Argentina, supra, para. 56.
7
Case of Fontevecchia and D’Amico v. Argentina, supra, para. 50.
8
Case of Fontevecchia and D’Amico v. Argentina, supra, paras. 44 and 45.
4