that the State “must not only minimize restrictions on the dissemination of
information, but also extend equity rules, to the greatest possible extent, to the
participation in the public debate of different types of information, fostering
informative pluralism” (para. 57).
11.
This is an issue of increasing relevance in societies where at times the rights
of individuals are violated by the factual power of the media in an asymmetric
context which, as stated in the judgment, the State must seek to balance. As
clearly established in the judgment, in order for the State to be able to exercise its
right to ensure the right to have one’s honor protected, in a democratic society the
mechanisms provided by the administration of justice –including criminal
responsibility- may be used within the appropriate framework of proportionality and
reasonability and the respect for the whole set of human rights prevailing in a
democratic society.
12.
When opinions on public officials or persons who stand in a position of public
relevance are expressed through the media, the former, for the sake of the
legitimate general interest at stake, must tolerate some degree of risk that their
subjective rights may be impaired by such statements or opinions. Along these
lines, this judgment has reiterated what has been stated in prior cases, 3 in that “the
opinions regarding a person’s qualification to hold office or the actions of public
officials in the performance of their duties are afforded greater protection, so that
debate in a democratic system is encouraged” (para. 86).
13.
Notwithstanding, the Court has ruled that the right of all individuals to have
their honor respected is protected and that public officials are “under the protection
afforded by Article 11 of the Convention, which enshrines the right to have one’s
honor respected” (para. 71), as “under the provisions of the Convention, the
protection of a person’s honor and reputation is a legitimate end” (para. 71). This
different threshold of protection does neither amount to a lack of limitations for
those who work in the media nor to a lack of rights for said public officials. The
right to have one’s honor respected is one and indivisible and may be asserted by
all individuals, which is why the exercise of freedom of thought and expression does
not allow for injurious, degrading or humiliating expressions or insidious
insinuations.
14.
Accordingly, all individuals –among them journalists-, are subject to the
liability that may result from the impairment of the rights of others. Anyone who
injures the fundamental rights of others, whether a journalist or not, must assume
his responsibility. In turn, the State, must ensure that all individuals, whether
journalists or not, respect the rights of others, limiting any conduct which may
result in their impairment.
III.
The right to have one’s honor respected and freedom of
thought and expression
15.
Article 11 of the Convention provides for the protection of the right to have
one’s honor respected and one’s dignity recognized as legal rights which are set
forth in Article 13(2). As human rights protected by the Convention, the duty of the
State to act as guarantor thereof, as stated in the Court’s case law, is applicable
thereto. Thus, the State has the obligation to ensure that the right to have one’s
honor respected is fully protected, for which purpose it must provide the individuals
with the appropriate means to achieve it.
3
Case of Ricardo Canese v. Paraguay. Merits, Reparations and Costs. Judgment of August 31,
2004. Series C No. 111, para. 98 and Case of Herrera-Ulloa, supra note 1, para. 128.