On June 23, Media Defence submitted its written observations to the Inter-American Court of Human Rights in response to the request for an advisory opinion presented by the Republic of Guatemala on “Democracy and its Protection under the Inter-American System of Human Rights.”
Media Defence addressed the essential role of freedom of expression in the functioning of democratic systems, particularly during electoral periods. It stressed that States have an obligation to protect the integrity of democratic institutions, including the independence of electoral bodies, but that such protection must not result in measures that suppress criticism, democratic oversight, or journalistic work. While acknowledging that the right to freedom of expression is not absolute and may be subject to certain restrictions, it emphasised that any limitation must comply with the three-part test under international human rights law: legality, legitimacy, and necessity.
Media Defence also raised concerns about the risks of vague or overly broad legislation on disinformation or hate speech, which may unjustifiably restrict legitimate public debate. Lastly, Media Defence underlined that the most effective responses to disinformation and hate speech are social, educational, and preventive in nature, including the promotion of media literacy, access to reliable information, and the strengthening of journalistic self-regulation mechanisms.
Read the full submission here.
For more information, contact our legal director padraig.hughes@mediadefence.org
