Freedom of Expression
7 - Chapter VI - Final Remarks and Recommendations
1. Freedom of expression is violated in a wide variety of ways in the Hemisphere. These violations range from a state of almost absolute censorship to simple administrative or bureaucratic impediments to access to information.
2. The murder of journalists is the main concern of the Office of the Special Rapporteur, given the value of the human lives taken and the intimidation it engenders throughout a society. The Office of the Special Rapporteur recommends that states carry out serious, impartial and effective investigations of the facts and that they prosecute and punish those responsible, not only in murder cases but also in cases of abduction, intimidation or threatening of journalists.
3. Aside from the murder of journalists, the principal obstacle to full enjoyment of freedom of expression is legislation used by authorities to silence criticism, both of government actions and of other situations of interest to the public. It is essential that norms to guarantee the exercise of freedom of expression be reformed in some cases, or adopted in others. Law, respect for the law, and freedom of expression are pillars of a democratic society. Deficiencies in one or all of those areas in some states of the Hemisphere constitute ongoing threats to stable democracies.
4. The Office of the Special Rapporteur recommends that the states harmonize their domestic law with the parameters established in the American Convention on Human Rights and that they fully implement Article IV of the American Declaration of the Rights and Duties of Man. The Office of the Special Rapporteur also recommends that the states consider adjusting their domestic laws and practices according to the parameters established in the Inter-American Declaration of Principles on Freedom of Expression.
5. The Office of the Special Rapporteur recommends that the states rescind laws defining disrespect as a crime, since these laws limit public debate, which is essential to the workings of democracy, and, moreover, are incompatible with the American Convention on Human Rights.
6. In addition, the Office of the Special Rapporteur recommends that the states incorporate into their laws the system of dual protection with respect to public and private persons, which entails, in practice, acceptance of the doctrine of "actual malice" and the consequent amendment of laws on libel and slander.
7. The Office of the Special Rapporteur recommends that the states effectively guarantee, both de jure and de facto, access to information and habeas data for all citizens, since both are essential to freedom of expression and the democratic system.
8. The Office of the Special Rapporteur also recommends the elimination of any qualification that could result in a form of censorship of freedom of expression, such as the requirement that information be accurate.
9. The Office of the Special Rapporteur thanks all the states that have worked with it this year, as well as the Inter-American Commission on Human Rights and its Executive Secretariat for their constant support.
10. Lastly, the Office of the Special Rapporteur thanks all the independent journalists who, day in and day out, perform the valuable task of informing the public, which is one of the most important functions for a democratic society because it affords citizens the information they need in order to exercise their rights and meet their obligations.