Freedom of Expression
Inter-American Jurisprudence on Freedom of Expression
The jurisprudence of the inter-American human rights system began to be developed in 1965, with the authorization for the Inter-American Commission on Human Rights to examine complaints or petitions regarding specific cases of human rights violations. Complaints were decided based on the provisions of the American Declaration of the Rights and Duties of Man. In 1969, the American Convention on Human Rights was adopted, which created the Inter-American Court of Human Rights and defined the functions and procedures of both the Commission and the Court.
The following cases were decided according to Article 13 of the American Convention, and they summarize the jurisprudence on freedom of expression of the IACHR and the Court.
A) CASES UNDER THE AMERICAN CONVENTION ON HUMAN RIGHTS
1. Violence against or murder of journalists
2. Intimidation, threats, and harassment in retaliation for expressions
4. Subsequent liability for expressions
5. Mandatory membership in a professional association for the practice of journalism
B) CASES BEFORE THE INTER-AMERICAN COURT OF HUMAN RIGHTS
"The Last Temptation of Christ" Case(Olmedo Bustos et al vs. Chile), Jugdment of February 5, 2001.
Ivcher Bronstein Case, Judgment of February 6, 2001.
Herrera Ulloa Case, Judgment of July 2, 2004.
Ricardo Canese Case, Judgment of September 14, 2004.
Palamara Iribarne Case, Judgment of November 22, 2005.
Claude Reyes Case, Judgment of September 19, 2006.
Kimel Case, Judgment of May 2, 2008.
Tristán-Donoso Case, Judgment of January 27, 2009. (currently only available in Spanish)
Ríos et al Case, Judgment of January 28, 2009. (currently only available in Spanish)
Perozo et al Caste, Judgment of January 28, 2009. (currently only available in Spanish)
C) ADVISORY OPINIONS OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS
Compulsory Membership in an Association Prescribed by Law for the Practice of Journalisms, OC-5/85, November 13, 1985
Enforceability of the Right to Reply or Correction, OC-7/86, August 29, 1986
D) PROVISIONAL MEASURES OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS
"La Nación " Case (Herrera Ulloa)