48 be guaranteed as regards the dissemination of information or ideas that are received favorably or considered inoffensive or indifferent, but also as regards those that are disagreeable for the State or any sector of the population. Any condition, restriction or penalty in this regard must be proportionate to the legitimate purpose sought.197 The democratic system is weakened and pluralism and tolerance suffer if freedom of expression is not guaranteed effectively; moreover, the population’s complaint and control mechanisms may become inoperative and, finally, a fertile ground is created for authoritarian systems to take root. 198 Thus, Articles 3 and 4 of the Inter-American Democratic Charter stress the importance of freedom of expression in a democratic society, by establishing that “[e]ssential elements of representative democracy include, inter alia, respect for human rights and fundamental freedoms, access to and the exercise of power in accordance with the rule of law, the holding of periodic, free, and fair elections based on secret balloting and universal suffrage as an expression of the sovereignty of the people, the pluralistic system of political parties and organizations, and the separation of powers and independence of the branches of government” and “[t]ransparency in government activities, probity, responsible public administration on the part of governments, respect for social rights, and freedom of expression and of the press are essential components of the exercise of democracy.” 141. From the outset, this Court has emphasized the importance of pluralism in the context of the right to freedom of expression, indicating that this signifies tolerance and a spirit of openness,199 without which a democratic society does not exist. The relevance of pluralism has been stressed by the OAS General Assembly in different resolutions in which it has reaffirmed that: “free and independent media are fundamental for democracy, for the promotion of pluralism, tolerance, and freedom of thought and expression, and for the facilitation of dialogue and debate, free and open to all segments of society, without discrimination of any kind.”200 142. In particular, the Court has indicated that the plurality of the media and news 201 constitutes an effective guarantee of freedom of expression,202 and the State has a duty to protect and ensure this under Article 1(1) of the Convention, by minimizing restrictions to information and encouraging a balanced participation,203 and by allowing the media to be open to all without discrimination,204 because the idea is that “no individuals or groups are, a priori, of Vélez Restrepo and family members v. Colombia, para. 141 Cf. Case of “The Last Temptation of Christ” (Olmedo Bustos. v. Chile, para. 69; and Case of Perozo et al. v. Venezuela, para. 116. 197 Cf. Case of Herrera Ulloa v. Costa Rica. Preliminary objections, merits, reparations and costs. Judgment of July 2, 2004. Series C No. 107, para.116; and Case of Vélez Restrepo and family members v. Colombia, para. 141. 198 Cf. Case of “The Last Temptation of Christ” (Olmedo Bustos et al.) v. Chile, para. 69, and Case of Perozo et al. v. Venezuela, para. 116. 199 AG/RES. 2679 (XLI-O/11) Right to Freedom of Thought and Expression and the Importance of the Media (Adopted at the fourth plenary session, held on June 7, 2011), para. 5; AG/RES. 2523 (XXXIX-O/09) Right to Freedom of Thought and Expression and the Importance of the Media (Adopted at the fourth plenary session, held on June 4, 2009), para. 5; AG/RES. 2434 (XXXVIII-O/08) Right to Freedom of Thought and Expression and the Importance of the Media (Adopted at the fourth plenary session, held on June 3, 2008), para. 5; AG/RES. 2287 (XXXVII-O/07) Right to Freedom of Thought and Expression and the Importance of the Media (Adopted at the fourth plenary session, held on June 5, 2007), para. 5; AG/RES. 2237 (XXXVI-O/06) Right to Freedom of Thought and Expression and the Importance of the Media (Adopted at the fourth plenary session, held on June 6, 2006), para. 5; Cf. AG/RES. 2149 (XXXV-O/05) Right to Freedom of Thought and Expression and the Importance of the Media (Adopted at the fourth plenary session, held on June 7, 2005), para. 4. 200 Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism, para. 34, and Case of Perozo et al. v. Venezuela, para. 117. 201 Cf. Case of Herrera Ulloa v. Costa Rica, para. 116, and Case of Vélez Restrepo and family members v. Colombia, para. 141. 202 203 Cf. Case of Kimel v. Argentina, para. 57, and Case of Perozo et al. v. Venezuela, para. 117. 204 Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism, para. 34.

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