40
127.
As previously mentioned, the Inter-American Court has found that “journalism is the
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primary and principal manifestation of freedom of expression [and] of thought” and that in this sense,
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the media can be "true instruments of freedom of expression" . In this context, the Commission finds it
relevant to submit some additional considerations on the role of the media in contemporary society; on
the role of the owners, management, and employees in those media outlets; and on the persons
submitted as alleged victims in this case.
128.
First, the Commission observes that these days, a significant amount of journalism is
done via media outlets. These media outlets are, in effect, associations of persons who have come
together to exercise steadily their freedom of expression. At the same time, it is currently very rare for a
media outlet to not have the status of a legal person, meaning that restrictions on freedom of expression
frequently take place through State actions that formally effect that legal person. In these cases, the
Commission has established that in order to understand the impact on freedom of expression, the role of
the alleged victims within the media outlet must be analyzed in order to determine if the State action
affecting the media outlet as a legal person also by extension had a negative, certain, and substantial
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impact on the freedom of expression of natural persons .
129.
In this sense, it is important to take two additional elements into account. First, there are
different types of property owners of a media outlet. Some have made an economic investment in the
company but do not have real power to make decisions regarding it, nor do they play any role in defining,
producing or disseminating its content. In other cases, in contrast, they have contributed part of their
patrimony to create a company that allows them to disseminate ideas and share information, and they
exercise their authority to influence the definition, production and issuing of content by the media outlet.
Second, journalists or, in the case of a television channel, those appearing on the screen are not the only
ones expressing themselves through media outlets. There are multiple roles within a media outlet in
which a professional can contribute to the communicative mission of an organization and in this way
exercise freedom of expression.
130.
Based on these considerations, the Commission will proceed to analyze the role that the
alleged victims in this case played in the operation of the television channel RCTV. First, the alleged
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victims include seven persons who the petitioners presented as RCTV shareholders of which three are
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also board members at the channel. In addition to being shareholders who participated regularly in the
Shareholders General Assemblies, Marcel Granier, Peter Bottome and Jaime Nestares were, at the time
the events in this case took place, also members of RCTV's Board of Directors. The functions and
authorities of the Board of Directors include naming and removing the General Manager, complying with
the decisions of the Shareholder’s General Assembly and ensuring compliance with them, and approving
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"the company's programming” proposed by the General Manager.
As a result, in addition to their
authority as shareholders, these individuals also had an active role in making decisions on central RCTV
issues, including on its communication policies. The IACHR thus finds that they exercised permanent and
real control over RCTV, including ultimately of its editorial content, and that they decided to maintain the
broadcaster’s editorial stance even after the statements of President Chávez regarding their ability as
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Cf. Inter-American Court, 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.
71.
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Inter-American Court. Case of Ivcher Bronstein v. Peru. Merits, Reparations and Costs. Judgment of February 6, 2001.
Series C No. 74, paras. 149-50.
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IACHR Report No. 114/11 (Admissibility), Marcel Granier et al., Venezuela, Juy 22, 2011. 40; Report No. 72/11,
Petition 1164-05, William Gómez Vargas, Costa Rica, March 31, 2011, para. 36.
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Marcel Granier, Peter Bottome, Jaime Nestares, Jean Nestares, Fernando Nestares, Alicia Phelps de Tovar and
Francisco J. Nestares.
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Marcel Granier, Peter Bottome and Jaime Nestares.
Annex 3, Minutes of the Special Shareholders General Meeting of RCTV C.A., of August 4, 2006, initial petition from
the petitioners received on March 1, 2007, Annex A-1, Articles of Incorporation of RCTV, Article 22.