Freedom of Expression

Freedom of Expression and Poverty

Reports

  • Report on Freedom of Expression and Poverty (2002)

    The poverty and social marginalization endured by large sectors of society in the Americas affect the freedom of expression of the hemisphere’s citizens, in that their voices are ignored and consequently left out of any debate.  This study, completed in 2002, analyzes the way in which the poverty in which broad sectors of the societies of the hemisphere affects the way they exercise freedom of expression, the quantity and quality of information that they receive, and – consequently – the way they participate in the democratic process.


Challenges to Freedom of Expression, Intervention by Catalina Botero, Special Rapporteur for Freedom of Expression of the OAS.

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Joint Declarations

Country Reports

Basic Principle

Declaration of Principles on Freedom of Expression adopted by the Inter-American Commission on Human Rights in 2000.

Publications

The Inter-American Legal Framework Regarding the Right to Freedom of ExpressionThe Inter-American Legal Framework Regarding the Right to Freedom of Expression pdf format
The objective of this publication is to present inter-American jurisprudence that defines the scope and content of this right in a systematic and updated way. Among the most important topics it highlights: the importance, function, and characteristics of the right to freedom of expression, as well as the types of speech protected; the prohibition of censorship and indirect restrictions; the protection of journalists and social communications media; the exercise of freedom of expression by public officials; and freedom of expression in the area of electoral processes.

Freedom of Expression Standards for Free and Inclusive Broadcasting (2009)Freedom of Expression Standards for Free and Inclusive Broadcasting (2009) pdf format
This publication shows the guidelines that have been developed by the Inter-American Court and the Inter-American Commission and the Office of the Special Rapporteur for Freedom of Expression, regarding the need for an adequate regulation of the radioelectric spectrum to ensure free, independent, vigorous, plural, and diverse broadcasting, to insure, as a result, the greatest circulation of information and opinions.

A Hemispheric Agenda for the Defense of Freedom of Expression (2009)A Hemispheric Agenda for the Defense of Freedom of Expression (2009) pdf format
This publication, in addition to summarizing the inter-American standards for freedom of expression, recognizes the regional advances achieved in the Americas with respect to the full guarantee of the right to freedom of expression, describes the main difficulties and challenges currently facing the right to freedom of expression in the region, and presents a series of concrete, viable and feasible recommendations that the Office of the Special Rapporteur considers necessary to face these challenges.
“The Commission observes that the complexity of the sociopolitical situation in Guatemala has a direct impact on the exercise of freedom of expression and access to information. One of the basic pillars of democratic systems is respect for the fundamental rights of individuals under the principles of equality and non-discrimination. The state of poverty and social marginalization in which a large percentage of the Guatemalan population lives affects freedom of expression, because these people have difficulty entering the debate of ideas and opinions. In this sense, as the Commission has indicated in previous chapters, the existence of discriminatory practices and policies directed at indigenous groups, among others, violates the Peace Agreements and limits the full exercise of the right to freedom of expression of these sectors. Their marginalization in public discussion fora deprives Guatemalan society of hearing these large sectors of the population in the development of national policies that directly affect them. As a result of the commitment made by the State in the Peace Agreements, it becomes essential that both the State and Guatemalan society strive to put into place the measures necessary to overcome this marginalization and guarantee the freedom of expression of the different sectors of Guatemalan society.”
The Office of the Special Rapporteur issues joint declarations with the other rapporteurships for freedom of expression, including the United Nations Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, the Representative on Freedom of the Media from the Organization for Security and Co-operation in Europe (OSCE), and the Rapporteur for the African Commission on Human and Peoples’ Rights.
2. Every person has the right to seek, receive and impart information and opinions freely under terms set forth in Article 13 of the American Convention on Human Rights. All people should be afforded equal opportunities to receive, seek and impart information by any means of communication without any discrimination for reasons of race, color, sex, language, religion, political or other opinions, national or social origin, economic status, birth or any other social condition.
12. Monopolies or oligopolies in the ownership and control of the communication media must be subject to anti-trust laws, as they conspire against democracy by limiting the plurality and diversity which ensure the full exercise of people’s right to information. In no case should such laws apply exclusively to the media. The concession of radio and television broadcast frequencies should take into account democratic criteria that provide equal opportunity of access for all individuals.