78
“The right of expression may not be restricted by indirect methods or means, such as
the abuse of government or private controls over newsprint, radio broadcasting
frequencies, or equipment used in the dissemination of information, or by any other
means tending to impede the communication and circulation of ideas and opinions.”
269. Similarly, addressing the scope of the restrictions on human rights, Article 30 of the
Convention states that such restrictions “may not be applied except in accordance with laws enacted for
reasons of general interest and in accordance with the purpose for which such restrictions have been
established.” (Italics added).
270. The indirect methods of restricting freedom of expression are veiled as legitimate
measures and are advanced to accomplish a purpose other than the one that the law authorizes, such as
restricting individuals’ exercise of freedom of expression. When this happens, it is a violation of Article
13(3) of the Convention. As the Inter-American Court has held, “any governmental action that involves
a restriction of the right to seek, receive and impart information and ideas to a greater extent or by
means other than those authorized by the Convention, would also be contrary to it.”320
271. The Court has condemned compulsory membership in an association prescribed by law
for the practice of journalism321 and the arbitrary use of the State’s regulatory authority to bring actions
against media executives calculated to intimidate them or to revoke a media owner’s citizenship
because of the editorial leaning of the programs his media outlet broadcasts.322 It has also called into
question statements by public officials when, given the context, they may be forms of direct or indirect
interference or seek to exert restrictive pressures on the rights of those who seek to contribute to the
public discourse by expressing and circulating their thoughts and ideas.323 The Court has also held that
another indirect restriction would be a disproportionate or discriminatory demand requiring
accreditations or authorizations for the written media to participate in official events.324
272. In the same vein, the IACHR has explained that a single government act may
simultaneously be a limitation on freedom of expression in violation of the requirements of Article 13.2
of the American Convention, as well as an indirect or subtle means of restricting freedom of expression.
For example, the imposition of criminal penalties for certain expressions that are contrary to the
interests of the government—which is a direct limitation to this freedom according to Article 13 insofar
as it is unnecessary and disproportionate—is also an indirect limitation of this right; its “chilling” and
320
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, paragraph 55.
321
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, paragraph 76.
322
I/A Court H.R. Case of Ivcher Bronstein v. Peru. Judgment of February 6, 2001. Series C No. 74, paragraphs 162 y
163.
323
I/A Court H.R. Case of Ríos et al. v. Venezuela. Preliminary Objections, Merits, Reparations and Costs. Judgment of
January 28, 2009. Series C No. 194, paragraph 139; I/A Court H.R., Case of Perozo et al. v. Venezuela. Preliminary Objections,
Merits, Reparations and Costs. Judgment of January 28, 2009. Series C No. 195, paragraph 151.
324
I/A Court H.R. Case of Ríos et al. v. Venezuela. Preliminary Objections, Merits, Reparations and Costs. Judgment of
January 28, 2009. Series C No. 194, paragraph 346; I/A Court H.R., Case of Perozo et al. v. Venezuela. Preliminary Objections,
Merits, Reparations and Costs. Judgment of January 28, 2009. Series C No. 195, paragraph 375.