The Inter-American System for the promotion and the protection of human rights recognizes the fundamental importance of the freedom of expression in democratic systems, and the Inter-American Court of Human Rights, since its first manifestations, has entitled journalists and social communicators to special protection of this right, considering their vital role as “public watchdog”. In fact, in the Inter-American social and political context, the fundamental role played by journalists and social communicators in spreading public interest information and in denunciating political abuses of power, turned them into preferential victims of violations of the right of freedom of expression. That said, what are the specific content and the scope of the rights of freedom of expression and press freedom in Inter-American system, especially with regard to those who perform journalism? What responsibility lies with the category? What are the admissible restraints and the limitations of their fundamental right of expression, based on need to protect other person's rights (privacy, reputation, intellectual property) or for the safeguard of more general values (public policy, national security, etc.)? Which guarantees are offered by this regional system to avoid “chilling effect”? These and other questions will be analysed in light of the relevant Inter-American case law, prior a brief illustration of Inter-American Human Rights system and, where relevant, from a comparative perspective with the work of the European Court of Human Rights (ECHR).
The Freedom of expression in the Inter-American human rights system and the protection of journalists and social communicators / N. Posenato. ((Intervento presentato al 1. convegno Media e politica: discorsi, culture, pratiche tenutosi a Università degli Studi di Milano, Polo di Mediazione Interculturale e Comunicazione di Sesto San Giovanni nel 2015.
The Freedom of expression in the Inter-American human rights system and the protection of journalists and social communicators
N. PosenatoPrimo
2015
Abstract
The Inter-American System for the promotion and the protection of human rights recognizes the fundamental importance of the freedom of expression in democratic systems, and the Inter-American Court of Human Rights, since its first manifestations, has entitled journalists and social communicators to special protection of this right, considering their vital role as “public watchdog”. In fact, in the Inter-American social and political context, the fundamental role played by journalists and social communicators in spreading public interest information and in denunciating political abuses of power, turned them into preferential victims of violations of the right of freedom of expression. That said, what are the specific content and the scope of the rights of freedom of expression and press freedom in Inter-American system, especially with regard to those who perform journalism? What responsibility lies with the category? What are the admissible restraints and the limitations of their fundamental right of expression, based on need to protect other person's rights (privacy, reputation, intellectual property) or for the safeguard of more general values (public policy, national security, etc.)? Which guarantees are offered by this regional system to avoid “chilling effect”? These and other questions will be analysed in light of the relevant Inter-American case law, prior a brief illustration of Inter-American Human Rights system and, where relevant, from a comparative perspective with the work of the European Court of Human Rights (ECHR).File | Dimensione | Formato | |
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