66
base their opinions,284 and they must do this with even greater diligence to that used by private
individuals, owing to their high office, and the extensive scope and eventual effects that their
statements may have on certain sectors of the population, and to avoid the citizens and other
interested parties receiving a manipulated version of certain facts. 285 In addition, they should
take into account that, as public officials, they have a duty to guarantee the fundamental human
rights and, therefore, their statements cannot disregard such rights286 or constitute forms of
direct or indirect interference or harmful pressure on the rights of those who are trying to
contribute to the public debate by expressing and imparting their thoughts. This duty of special
care is particularly heightened in situations of increased social conflict, alterations of public
order and social or political polarization, due precisely to the series of risks entailed for certain
individuals or groups at a given time.
196. Furthermore, the Court notes that, of the statements provided in this case, only one
mentioned the purpose declared in Communication No. 0424 and Resolution No. 002; namely,
the protection of media plurality, while most of the others coincided in citing the other purposes.
This allows the Court to conclude that the declared purpose was not the real one and that it
was only offered to give an appearance of legality to the decisions.
4. Conclusion concerning the right to freedom of expression
197. Therefore, the Court concludes, as it has in other cases,287 that the facts of the instant
case involved a misuse of power because the State used its lawful authority to try and align
the communications outlet’s editorial line with the government. This assertion is derived from
two main conclusions that this Court was able to reach based on the above information; namely,
that the decision had been taken previously and that it was based on the displeasure caused
by RCTV’s editorial line, added to the context of the “deterioration in the protection of freedom
of expression” that has been proved in this case (supra para. 61).
198. Furthermore, this Court considers it necessary to emphasize that the misuse of power
declared herein had an impact on the exercise of freedom of expression, not only of the
executives and employees of RCTV, but also on the social dimension of this right (supra para.
136); that is, on the population that was deprived of access to the editorial line that RCTV
represented. Indeed, the real purpose sought was to silence voices that were critical of the
government, which constitute, together with pluralism, tolerance and the spirit of openness,
the requirements for a democratic debate, which is exactly what the right to freedom of
expression seeks to protect.
199. Consequently, the Court finds it proved that, in this case, there was an indirect
restriction of the exercise of the right to freedom of expression by measures aimed at
preventing the communication and circulation of ideas and opinions, when the State decided
that it would reserve to itself the portion of the spectrum and, therefore, prevent the
participation in the administrative procedures for the adjudication of the titles or the renewal
of the concession of a media outlet that expressed opinions that were critical of the government.
On this basis, the Court declares the violation of Article 13(1) and 13(3) in relation to Article
1(1) of the American Convention to the detriment of Marcel Granier, Peter Bottome, Jaime
Nestares, Inés Bacalao, Eladio Lárez, Eduardo Sapene, Daniela Bergami, Miguel Ángel
Rodríguez, Soraya Castellano, María Arriaga and Larissa Patiño.
284
Cf. Case of Ríos et al. v. Venezuela, para. 139.
285
Cf. Case of Ríos et al. v. Venezuela, para. 139.
286
Cf. Case of Ríos et al. v. Venezuela, para. 139.
287
Case of Camba Campos et al. v. Ecuador, para. 219.