52
the way in which they contributed to the communications mission of the channel. Consequently,
the Court finds it relevant to state that, when reference is made to “RCTV’ in this chapter on
freedom of expression and in in the chapter on discrimination, it should be understood as the
medium by which the presumed victims exercised their right to freedom of expression and not
as an explicit reference to the legal person known as “RCTV C.A.”
152. In this regard, it should be noted that, at the present time, most journalism is exercised
through legal persons and the Court reiterates that it is essential that the journalists who work
in the media enjoy the necessary independence and protection to fulfill their functions properly
because it is they who keep society informed, an essential requirement for society to enjoy
complete freedom.226 In particular, bearing in mind that their activity is the principle expression
of freedom of thought and expression and is specifically guaranteed by the American
Convention.227
153. In this case, both journalists, and shareholders who are members of the Board of
Directors of RCTV C.A, proved the connection between their respective tasks and the generation
of content on the media outlet. In this regard, the Court emphasizes that the initial petition
lodged before the Inter-American Commission contained a greater number of possible
presumed victims, because it included more of the company’s employees. In this regard, the
Commission analyzed which employees had a real impact on the company’s communications
mission. Nevertheless, the Court considers that this relationship is directly proved in the
following cases:
a) Larissa Patiño, as Manager of Morning Information Programs, had every-day
responsibility for deciding on the issues and who would be invited on the program
“La Entrevista”; took part in meetings to rank the news and select topics that were
relevant to what was happening in the country for the news program “El Observador”
and to discuss the issues to be dealt with in the program “Alerta”;228
b) Soraya Castellano, Information Manager, attached to the RCTV Vice President for
Information, stated that she had always handled everything related to the news
content and ranking for the RCTV news and information programs, as well as special
reports;229
c) María Arriaga, in her capacity as Information Manager, stated that she was
“responsible for the content of the three emissions of “El Observador” and supported
the other Managers […] of Information and of Opinion”;230
d) Inés Bacalao, had the task of directing the strategic news program schedule using
products created and implemented by RCTV;
e) Eduardo Sapene, RCTV Vice President for Information and Opinion, was responsible
for directing the planning and execution of RCTV information and opinion projects,
producing programs that responded to audience needs;
f) Eladio Lárez, RCTV Executive President, presided the work of creating, producing,
integrating and monitoring the programming grid with news, opinion, drama, humor,
educational and entertainment content;
g) Daniela Bergami, RCTV General Manager, designed, supervised and supported all
the processes related to the creation, diffusion and commercialization of news,
opinion, drama, humor, educational and entertainment content, and
226
Cf. Case of Ivcher Bronstein v. Peru, para. 150, and Case of Herrera Ulloa v. Costa Rica, para. 119.
Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism, paras. 71 and
72, and Case of Fontevecchia and D’Amico v. Argentina, para. 46.
227
228
Written statement of Larissa Patiño of May 5, 2014 (merits file, folio 1455).
229
Written statement of Soraya Castellano of April 20, 2014 (merits file, folios 1551 to 1553).
230
Written statement of María Arriaga of May 5, 2014 (merits file, folios 1487 and 1488).