Freedom of Expression
Right to Reply
Under Article 14 of the American Convention, any individual who is “injured by inaccurate or offensive statements or ideas disseminated to the public in general by a legally regulated medium of communication has the right to reply or to make a correction using the same communications outlet, under such conditions as the law may establish.” This right is linked to the right of freedom of expression, providing a means to address injuries to persons causes by the exercise of freedom of expression that does not unduly interfere with the right to freedom of expression.
The government of Costa Rica requested an advisory opinion from the Inter-American Court with respect to the State’s obligation to enforce this right.[1] The Court found that the right to reply is an internationally protected right and that the States Parties have an obligation “to respect and to ensure the free and full exercise thereof to all persons subject to their jurisdiction.”[2] If this right is not enforceable under the domestic law of a State Party, the State “has the obligation, under Article 2 of the Convention, to adopt, in accordance with its constitutional processes and the provisions of the Convention, the legislative or other measures that may be necessary to give effect to this right.”[3]
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[1] See Inter-American Court of Human Rights, Enforceability of the Right to Reply or Correction (Articles 14(1), 1(1) and 2 American Convention on Human Rights), Advisory Opinion OC-7/86, Series A Nº 7, August 29, 1986, para. 25.
[2] Id. at para. 35.
[3] Id.