TWO RECENT rulings by the Inter-American Court on Human Rights, which constituted a defence of press freedom, were applauded during the annual meeting of the Inter-American Press Association (IAPA) last month.
A resolution passed by the organisation also supported the executive secretary of the Inter-American Commission on Human Rights and the special rapporteur on freedom of expression, whose offices had been affected by the restructuring announced by former secretary-general of the Organisation of American States (OAS), Miguel Angel Rodriguez.
The supported rulings were handed down in the cases of Costa Rican journalist, Mauricio Her-rera, and Para-guayan politician, Ricardo Canese.
GREATER DEGREE OF SCRUTINY
In the Herrera case, the court highlighted the importance of press freedom for democracies and emphasised that persons who are influential in matters of public interest should expect to endure a greater degree of scrutiny and criticism.
In that case also, the court limited the "draconian burden of proof" required in the majority of IAPA member-countries and held that those who faithfully reproduce statements and information taken from third parties cannot be held liable.
The president of the court also opposed "criminalising the inevitable wrongs deriving from the exercise of freedom of speech".
Both resolutions in support of the court's rulings were approved during the IAPA General Assembly held in Antigua, Guatemala, from October 22-26, which was attended by more than 500 editors, publishers and journalists from throughout the hemisphere.
DISSEMINATE PRECEDENT
"The legal precedents in both rulings constitute a milestone in the protection of freedom of speech and of the press on the American continent," explained the IAPA in a release.
It was resolved by the general assembly of the association to disseminate throughout the Americas, the new legal precedents set by the court so that they might serve as a tool for journalists and for the attorneys who act in their defense.
They will also be contacting all governments in the Americas so they might incorporate into their legal canons the principles clearly outlined in the rulings of the IACHR.
The association also resolved to "reaffirm its unwavering support for the secretariat and office of the Special Rapporteur of the IACHR of the OAS, whose work must be distinguished by autonomy and independence and protected from all forms of interference or pressure whether political or governmental."
