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The convention distinguishes between “prior restraint” and the “subsequent imposition of liability.” The former is impermissible as a means of defending honor from abuses of freedom of expression, whereas the latter is taken into account an appropriate and enough remedy for such abuses. This was the view of the Inter-American Commission on Human Rights, which […]

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an act of good religion. Stange’s flat refusal to do so threatened to provoke a constitutional disaster, averted by permitting Stange to take indefinite leave pending the judicial listening to of his case. The prison sentences, handed down for a criminal offense that General Stange had been accused of serving to cowl up, motivated Salazar’s […]

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outright, which had been vigorously criticized as a press gag. However, in the congressional debate it was compelled to concede its place in favor of an amended model, on the insistence of right-wing senators. It is fascinating to notice on this context that the paragraph of Article 19 of the constitution that expressly criminalizes offences […]

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problem. The Human Rights Committee formed to monitor compliance with the International Covenant has interpreted restrictions narrowly, to the advantage of freedom of expression. It has centered concurrently on the consequences of the usage of the proper and the potential negative penalties of its restriction. As the committtee pointed out, “it is the interplay between […]

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