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PREAMBLE
REAFFIRMING
the need to ensure respect for and full enjoyment of individual freedoms
and fundamental rights of human beings under the rule of law; AWARE
that consolidation and development of democracy depends upon the existence
of freedom of expression; PERSUADED
that the right to freedom of expression is essential for the development
of knowledge and understanding among peoples, that will lead to a true
tolerance and cooperation among the nations of the hemisphere; CONVINCED
that any obstacle to the free discussion of ideas and opinions limits
freedom of expression and the effective development of a democratic
process; CONVINCED
that guaranteeing the right to access to information held by the State
will ensure greater transparency and accountability of governmental
activities and the strengthening of democratic institutions;
RECALLING
that freedom of expression is a fundamental right recognized in the
American Declaration on the Rights and Duties of Man and the American
Convention on Human Rights, the Universal Declaration of Human Rights,
Resolution 59 (1) of the United Nations General Assembly, Resolution 104
adopted by the General Conference of the United Nations Educational,
Scientific and Cultural Organization (UNESCO), the International Covenant
on Civil and Political Rights, as well as in other international documents
and national constitutions; RECOGNIZING
that the member states of the Organization of American States are subject
to the legal framework established by the principles of Article 13 of the
American Convention on Human Rights; REAFFIRMING
Article 13 of the American Convention on Human Rights, which establishes
that the right to freedom of expression comprises the freedom to seek,
receive and impart information and ideas, regardless of borders and by any
means of communication; CONSIDERING
the importance of freedom of expression for the development and protection
of human rights, the important role assigned to it by the Inter-American
Commission on Human Rights and the full support given to the establishment
of the Office of the Special Rapporteur for Freedom of Expression as a
fundamental instrument for the protection of this right in the hemisphere
at the Summit of the Americas in Santiago, Chile; RECOGNIZING
that freedom of the press is essential for the full and effective exercise
of freedom of expression and an indispensable instrument for the
functioning of representative democracy, through which individuals
exercise their right to receive, impart and seek information; REAFFIRMING
that the principles of the Declaration of Chapultepec constitute a basic
document that contemplates the protection and defense of freedom of
expression, freedom and independence of the press and the right to
information; CONSIDERING
that the right to freedom of expression is not a concession by the States
but a fundamental right; RECOGNIZING
the need to protect freedom of expression effectively in the Americas, the
Inter-American Commission on Human Rights, in support of the Special
Rapporteur for Freedom of Expression, adopts the following Declaration of
Principles: PRINCIPLES
1.
Freedom of expression in all its forms and manifestations
is a fundamental and inalienable right of all individuals. Additionally,
it is an indispensable requirement for the very existence of a democratic
society. 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. 3.
Every person has the right to access to information about
himself or herself or his/her assets expeditiously and not onerously,
whether it be contained in databases or public or private registries, and
if necessary to update it, correct it and/or amend it. 4.
Access to information held by the state is a fundamental
right of every individual. States have the obligation to guarantee the
full exercise of this right. This principle allows only exceptional
limitations that must be previously established by law in case of a real
and imminent danger that threatens national security in democratic
societies. 5.
Prior censorship, direct or indirect interference in or
pressure exerted upon any expression, opinion or information transmitted
through any means of oral, written, artistic, visual or electronic
communication must be prohibited by law. Restrictions to the free
circulation of ideas and opinions, as well as the arbitrary imposition of
information and the imposition of obstacles to the free flow of
information violate the right to freedom of expression. 6.
Every person has the right to communicate his/her views by
any means and in any form. Compulsory membership or the requirement of a
university degree for the practice of journalism constitute unlawful
restrictions of freedom of expression.
Journalistic activities must be guided by ethical conduct, which
should in no case be imposed by the State. 7.
Prior conditioning of expressions, such as truthfulness,
timeliness or impartiality, is incompatible with the right to freedom of
expression recognized in international instruments. 8.
Every social communicator has the right to keep his/her
source of information, notes, personal and professional archives
confidential. 9.
The murder, kidnapping, intimidation of and/or threats to
social communicators, as well as the material destruction of
communications media violate the fundamental rights of individuals and
strongly restrict freedom of expression. It is the duty of the state to
prevent and investigate such occurrences, to punish their perpetrators and
to ensure that victims receive due compensation. 10.
Privacy laws should not inhibit or restrict investigation and
dissemination of information of public interest. The protection of a
person’s reputation should only be guaranteed through civil sanctions in
those cases in which the person offended is a public official, a public
person or a private person who has voluntarily become involved in matters
of public interest. In addition, in these cases, it must be proven that in
disseminating the news, the social communicator had the specific intent to
inflict harm, was fully aware that false news was disseminated, or acted
with gross negligence in efforts to determine the truth or falsity of such
news. 11.
Public officials are subject to greater scrutiny by society. Laws
that penalize offensive expressions directed at public officials,
generally known as “desacato laws,”
restrict freedom of expression and the right to information. 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. 13.
The exercise of power and the use of public funds by the state, the
granting of customs duty privileges, the arbitrary and discriminatory
placement of official advertising and government loans, the concession of
radio and television broadcast frequencies, among others, with the intent
to put pressure on and punish or reward and provide privileges to social
communicators and communications media because of the opinions they
express threaten freedom of expression, and must be explicitly prohibited
by law. The means of communication have the right to carry out their
role in an independent manner. Direct or indirect pressures exerted upon
journalists or other social communicators to stifle the dissemination of
information are incompatible with freedom of expression.
BASIC DOCUMENTS PERTAINING TO HUMAN RIGHTS |