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the OAS Declaration of Principles on Freedom of Expression [English]
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New York, October 26, 2000 --- The Committee to Protect Journalists
(CPJ) welcomes the Inter-American Commission on Human Rights' strong
statement of support for press freedom in the Americas.
Made public on October 19, the Declaration of Principles on Freedom
of Expression reaffirms that all nations in the Americas are bound
by Article 13 of the American Convention of Human Rights, which guarantees
the right "to seek, receive and impart information and ideas, regardless
of borders and by any means of communication." The document was drafted
by Santiago A. Canton, the Commission's Special Rapporteur for Freedom
of Expression.
The Declaration lists thirteen principles that must be respected for
freedom of expression to be exercised in practice. Notably, individuals
must be given access to information held by the government; prior
censorship must be prohibited by law; journalists must be allowed
to keep their sources confidential; and attacks against journalists
must be duly investigated by the state.
The Declaration also affirms that all criminal defamation laws violate
freedom of expression guarantees, and notes that privacy laws "may
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 the case of public
officials, who are subject to "greater scrutiny by society."
Most countries in Latin America retain laws that make it a criminal
offense to "insult" public officials. The Declaration notes that such
laws "restrict freedom of expression and right to information."
"We applaud the Inter-American Commission on Human Rights for its
strong stance in support of freedom of expression," noted CPJ Executive
Director Ann Cooper. "The day these principles are fully embraced
throughout the hemisphere will be the day we will be able to say that
expression in the Americas is truly free."
The Inter-American Commission is one of the two entities of the Organization
of American States that protect and promote human rights in the Americas
(the Inter-American Court of Human Rights is the other). The Declaration
is not a legally binding document, but represents the Commission's
interpretation of existing international law regarding freedom of
expression.
END