Contents

American Convention on Human Rights of 1969 (Article 13)

Organisation of American States (OAS) Inter-American Declaration of Principles on Freedom of Expression of 2000 (Principles 2, 3, 4, 10,11)

Organisation of American States Resolution on Access to Public Information: Strengthening Democracy - AG/Res. 1932 (XXXIII-O/03) of 2003

Inter-American Democratic Charter (Article 4)

Texts

American Convention on Human Rights of 1969 (Article 13)

Article 13 - Freedom of Thought and Expression

Paragraph 1

Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one's choice.

Paragraph 2

The exercise of the right provided for in the foregoing paragraph shall not be subject to prior censorship but shall be subject to subsequent imposition of liability, which shall be expressly established by law to the extent necessary to ensure:

1. respect for the rights or reputations of others; or

2.the protection of national security, public order, or public health or morals.

3.The right of expression may not be restricted by indirect methods or means, such as the abuse of government or private controls over newsprint, radio broadcasting frequencies, or equipment used in the dissemination of information, or by any other means tending to impede the communication and circulation of ideas and opinions.

4. Notwithstanding the provisions of paragraph 2 above, public entertainments may be subject by law to prior censorship for the sole purpose of regulating access to them for the moral protection of childhood and adolescence.

5. Any propaganda for war and any advocacy of national, racial, or religious hatred that constitute incitements to lawless violence or to any other similar action against any person or group of persons on any grounds including those of race, color, religion, language, or national origin shall be considered as offenses punishable by law.

top 

Organisation of American States (OAS) Inter-American Declaration of Principles on Freedom of Expression of 2000 (Principles 2, 3, 4, 10,11)

Principle 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.

Principle 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. 

Principle 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. 

Principle 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.

Principle 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. 

top

Organisation of American States Resolution on Access to Public Information: Strengthening Democracy - AG/Res. 1932 (XXXIII-O/03) of 2003

THE GENERAL ASSEMBLY, EMPHASIZING that Article 13 of the American Convention on Human Rights establishes that the right to freedom of thought and expression includes freedom to seek, receive, and impart information and ideas, regardless of frontiers and through any medium; 

EMPHASIZING ALSO that Article 4 of the Inter-American Democratic Charter states that transparency in government activities, probity, responsible public administration on the part of governments, respect for social rights, and freedom of expression and of the press are essential components of the exercise of democracy;  

RECALLING that, according to the Plan of Action of the Third Summit of the Americas, held in Quebec City in 2001, the governments will ensure that national legislation relating to freedom of expression is applied equitably to all, respecting freedom of expression and access to information by all citizens; 

CONSIDERING that access to public information is a requisite for the very functioning of democracy, greater transparency, and good governance and that, in a representative and participatory democratic system, the citizenry exercises its constitutional rights, inter alia, the rights to political participation, the vote, education, and association, by means of broad freedom of expression and free access to information; 

RECOGNIZING that the goal of achieving an informed citizenry must sometimes be rendered compatible with other societal aims such as safeguarding national security, public order, and protection of personal privacy, pursuant to laws passed to that effect; 

TAKING NOTE of the Declaration of Principles on Freedom of Expression of the Inter-American Commission on Human Rights; and 

RECALLING initiatives recently taken by civil society regarding access to public information, in particular the Declaration of Chapultepec, the Johannesburg Principles, and the Lima Principles, 

RESOLVES: 

1. To reaffirm that everyone has the freedom to seek, receive, access, and impart information and that access to public information is a requisite for the very exercise of democracy. 

2. To reiterate that states are obliged to respect and promote respect for everyone’s access to public information and to promote the adoption of any necessary legislative or other types of provisions to ensure its recognition and effective application. 

3. To urge member states to take into consideration the principles of access to information in drawing up and adapting national security laws.

4. To encourage member states, through their respective national legislation and other appropriate means, to take necessary measures to facilitate the electronic availability of public information.

5. To instruct the Permanent Council to promote seminars and forums designed to foster, disseminate, and exchange experiences and knowledge about access to public information so as to contribute, through efforts by the member states, to fully implementing such access. 

6. To instruct the Inter-American Commission on Human Rights, through the Special Rapporteur for Freedom of Expression, to continue including in its annual report a report on access to public information in the region. 

7. To request the Permanent Council to report to the General Assembly at its next regular session on the implementation of this resolution, which will be carried out in accordance with resources allocated in the program-budget of the Organization and other resources.

top

Inter-American Democratic Charter (Article 4)

Article 4

Transparency in government activities, probity, responsible public administration on the part of governments, respect for social rights, and freedom of expression and of the press are essential components of the exercise of democracy.

The constitutional subordination of all state institutions to the legally constituted civilian authority and respect for the rule of law on the part of all institutions and sectors of society are equally essential to democracy.

top