The SRFOE publishes updated edition of the “Inter-American Legal Framework on the Right to Freedom of Expression.”

July 1, 2025

Washington D.C. - The Office of the Special Rapporteur for Freedom of Expression (SRFOE) of the Inter-American Commission on Human Rights (IACHR) publishes an update of its “Inter-American Legal Framework on the Right to Freedom of Expression,” which compiles standards that the bodies of the Inter-American Human Rights System (IAHRS) have developed with respect to this right.

The report presents in a structured manner the standards on freedom of expression developed by the Inter-American Court of Human Rights (IACtHR), the IACHR and its SRFOE. One of its main purposes is to facilitate the consideration and implementation of these standards in different spheres for the protection of freedom of expression in the hemisphere. This includes the judiciary, public policy, legislative initiatives, academic research, and human rights advocacy activities, among others.

The first edition of the Inter-American Legal Framework, published in 2009, has been updated to reflect documents issued by the IAHRS through the first semester of 2024. This included judgments and advisory opinions of the IACtHR, resolutions and reports of the the IACHR and its SRFOE, as well as joint declarations and other pronouncements of the Office of the Special Rapporteur. The document’s internal chapter structure was also revised to reflect recent developments.

Thus, the report includes the recognition of new categories of specially protected speech, such as speech on environmental issues and speech denouncing gender violence; the new relationships with this right that have been established in case law in the last 15 years; the role of freedom of expression in matters relating to the defense of labor rights and trade unions; and the progress in case law on the incompatibility of criminal legislation to protect the honor of public officials over critical comments.

The document also reflects the inclusion of Strategic Lawsuits Against Public Participation (SLAPPs) as categories of analysis in the Inter-American standards, as well as the SRFOE’s more recent work on the scope of speech unprotected by Article 13.5 of the American Convention on Human Rights (ACHR), including advocacy of hatred that constitutes incitement to violence.

The updates also include references to the development of specific standards on the right to freedom of expression on the Internet, a topic that has been widely developed in the Inter-American system since 2009; the recognition of the right to protest and the first judgments of the Inter-American Court on the violation of the right to freedom of expression and association in the context of citizen-led protests; and the development of jurisprudence on the right to informational self-determination, including its link to Article 13 and the protection of activities such as journalism and the defense of human rights.

It also highlights the perspective of the IACHR, its SRFOE and the IACtHR on the reinforced protection of the speech of groups in vulnerable situations, highlighting, for instance, the importance of positive measures to guarantee freedom of expression for women journalists, or the role of community radio stations for media diversity in the Americas.

With the publication of this update of the Legal Framework, the SRFOE seeks to provide systematized elements for States and the different actors of civil society to contribute to the protection of the right to freedom of expression in plural and democratic societies.

It also reaffirms the postulate that the right to freedom of expression is an indispensable pillar of Inter-American democracies. The Rapporteurship reiterates its willingness to continue providing technical assistance and collaborating with States, individuals and institutions that use the IAHRS for the promotion and defense of freedom of expression.

At this time, only the Spanish edition is available. The English version will be made available in due course.

The Office of the Special Rapporteur for Freedom of Expression is an office established by the Inter-American Commission on Human Rights (IACHR) to promote the hemispheric defense of the right to freedom of thought and expression, given its fundamental role in the consolidation and development of the democratic system.

No. R132/25

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