Page 44 - KDU INTERNATIONAL JOURNAL OF CRIMINAL JUSTICE

KDU International Journal of Criminal Justice (KDUIJCJ)
Volume I | Issue II| July 2024

the American Convention is more specific and comprehensive in its
protection of press freedom. This is sometimes thought to be because

later treaties frequently include more modern ideas. Since the American

Convention is the newest of the three, it is more likely to succeed if there
is greater homogeneity among the member countries' legal systems and

cultural traditions, as is the case with the Americans. It's unusual, the

American Convention. It states that "the right to 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."

Article 14(1) of the American Convention is also distinctive in how it

expresses the right to rectification or reply: "Anyone injured by

inaccurate or offensive statements or ideas disseminated to the public in
general by a legally regulated medium of communication has the right to

reply or to make a correction using the same communications outlet,

under such conditions as the law may establish."

For press freedom and free speech to play the necessary roles in a

democratic society, there must be a strong pluralistic climate. The state's

monopoly or meddling in the communications medium is one of the
barriers to this plurality. However, private parties' power over the media

may have an equal impact on press freedom as government meddling.

The need to consider the requirements of a democratic society in this

regard could be seen as establishing the positive responsibility of the

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