64. In these types of cases, it is incumbent upon the Commission to examine, under a strict criterion of necessity, whether the measure imposed is authorized in light of Article 13.2 of the American Convention, that is, whether: (a) it is established beforehand in a law, and set forth expressly, exhaustively, precisely, and clearly, both substantively and procedurally;70 (b) it pursues compelling objectives authorized by the Convention;71 and (c) is absolutely necessary in a democratic society to accomplish those objectives72 and is strictly proportional to the aim pursued (three-part test).73 a) Strict formulation of the provision establishing the limitation or restriction (legal provision) 65. With respect to the first requirement of three-part test and the clear and precise legal provision of the restriction, the IACHR and the Inter-American Court have both held that restrictions to freedom of expression must be established by law,74 in both substantive and procedural terms. Should the limitation or restriction be based on criminal law, the strict requirements for the statutory definition of a crime must be observed in order to satisfy the principle of legality, using strict and unequivocal terms that clearly delimit the punishable conduct.75 Therefore, according to the inter-American case law and doctrine, the statutory description of speech-related offenses must be stated “expressly, accurately, [exhaustively] and previously, even more so 70 I/A Court H.R., Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and 29 American Convention on Human Rights). Advisory Opinion OC-5/85 of November 13, 1985. Series A No. 5, para. 59, available at: http://www.corteidh.or.cr/docs/opiniones/seriea_05_ing.pdf; Case of Kimel v. Argentina. Merits, Reparations and Costs. Judgment of May 2, 2008 Series C No. 177. para. 63; Case of Claude Reyes et al. v. Chile. Merits, Reparations and Costs. Judgment of September 19, 2006. Series C No. 151. para. 89; Case of Herrera Ulloa v. Costa Rica. Preliminary Objections, Merits, Reparations and Costs. Judgment of July 2, 2004. Series C No. 107. para. 121; See also, IACHR. 1994 Annual Report. Chapter V: Report on the Compatibility of “Desacato” Laws with the American Convention on Human Rights. OEA/Ser. L/V/II.88. doc. 9 rev. February 17, 1995. Available at: http://www.cidh.org/annualrep/94eng/chap.5.htm; IACHR. Report No. 11/96. Case 11.230. Merits. Francisco Martorell. Chile. May 3, 1996. 71 I/A Court H.R., Case of Palamara Iribarne v. Chile. Merits, Reparations and Costs. Judgment of November 22, 2005. Series C No. 135. para. 85; Case of Herrera Ulloa v. Costa Rica. Preliminary Objections, Merits, Reparations and Costs. Judgment of July 2, 2004. Series C No. 107. paras. 121 & 123; I/A Court H.R., Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and 29 American Convention on Human Rights). Advisory Opinion OC-5/85 of November 13, 1985. Series A No. 5, para. 43, available at: http://www.corteidh.or.cr/docs/opiniones/seriea_05_ing.pdf. 72 I/A Court H.R., Case of Herrera Ulloa v. Costa Rica. Preliminary Objections, Merits, Reparations and Costs. Judgment of July 2, 2004. Series C No. 107. paras. 121 & 123; I/A Court H.R., Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and 29 American Convention on Human Rights). Advisory Opinion OC-5/85 of November 13, 1985. Series A No. 5, para. 46, available at: http://www.corteidh.or.cr/docs/opiniones/seriea_05_ing.pdf; Corte I.D.H., Case of Kimel v. Argentina. Merits, Reparations and Costs. Judgment of May 2, 2008 Series C No. 177. para. 83; I/A Court H.R., Case of Palamara Iribarne v. Chile. Merits, Reparations and Costs. Judgment of November 22, 2005. Series C No. 135. para. 85. 73 I/A Court H.R., Case of Herrera Ulloa v. Costa Rica. Preliminary Objections, Merits, Reparations and Costs. Judgment of July 2, 2004. Series C No. 107. paras. 121 & 123; I/A Court H.R., Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and 29 American Convention on Human Rights). Advisory Opinion OC-5/85 of November 13, 1985. Series A No. 5, para. 46, available at: http://www.corteidh.or.cr/docs/opiniones/seriea_05_ing.pdf; Case of Kimel v. Argentina. Merits, Reparations and Costs. Judgment of May 2, 2008 Series C No. 177. para. 83; Case of Palamara Iribarne v. Chile. Merits, Reparations and Costs. Judgment of November 22, 2005. Series C No. 135. para. 85. See also, IACHR. 1994 Annual Report. Chapter V: Report on the Compatibility of “Desacato” Laws with the American Convention on Human Rights. OEA/Ser. L/V/II.88. doc. 9 rev. February 17, 1995. Available at: http://www.cidh.oas.org/annualrep/ 94span/cap.V.htm#CAPITULO%20V. 74 I/A Court H.R., Case of Usón Ramírez v. Venezuela. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 20, 2009. Series C No. 207, para. 55; I/A Court H.R., Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and 29 American Convention on Human Rights). Advisory Opinion OC-5/85 of November 13, 1985. Series A No. 5, para. 40, available at: http://www.corteidh.or.cr/docs/opiniones/seriea_05_ing.pdf. See also, Case of Tristán Donoso v. Panama. Preliminary Objection, Merits, Reparations and Costs. Judgment of January 27, 2009. Series C No. 193, para. 77; I/A Court H.R., Case of Kimel v. Argentina. Merits, Reparations and Costs. Judgment of May 2, 2008 Series C No. 177, para. 63; Case of Claude Reyes et al. v. Chile. Merits, Reparations and Costs. Judgment of September 19, 2006. Series C No. 151, para. 89. 75 I/A Court H.R., Case of Usón Ramírez v. Venezuela. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 20, 2009. Series C No. 207, para. 55; I/A Court H.R., Case of Kimel v. Argentina. Merits, Reparations and Costs. Judgment of May 2, 2008 Series C No. 177, para. 63.