SRFOE Presents Podcast Episode Marking the 40th Anniversary of Advisory Opinion 5/85

November 13, 2025

Washington, DC— In the framework of the fortieth anniversary of the Advisory Opinion on the Mandatory Membership of Journalists (OC-5/85), issued by the Inter-American Court of Human Rights, the Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights presents a special episode of its podcast Deliberante, dedicated to the history and legacy of this landmark decision. Four decades after its adoption, OC-5/85 continues to be a fundamental reference in Inter-American jurisprudence and in domestic courts on the right to freedom of expression, generating a transformative impact in the region and reaffirming that without freedom of expression there is no democracy.

The special episode of Deliberante will premiere in Panama City on November 13, Journalist’s Day in Panama, in a joint event with the European project supporting independent journalism and the fight against disinformation in several countries in the region. In addition to the podcast, a series of reports on OC-5/85 will also be presented.

Advisory Opinion OC-5/85 constituted the first interpretation by the Inter-American Court of Article 13 of the American Convention on Human Rights. Beyond its main conclusion—that the practice of journalism should not be conditioned on membership in a professional association or on the possession of specific academic degrees—this decision laid the foundations for a broad, guarantee-based interpretation of the right to freedom of expression in the Inter-American System. The Court also recognized the “very high value that the Convention places on freedom of expression” and affirmed that the guarantees contained in the American Convention were “designed to be the most generous and to minimize restrictions on the free flow of ideas.”

This postulate is fully consistent with the affirmation, reiterated throughout inter-American jurisprudence, that “freedom of expression is a cornerstone of the very existence of a democratic society.” It is evident that the challenges facing the protection of the right to freedom of expression in 2025 are very different from those present in 1985, particularly considering the turning point brought about by digital technologies in the exercise of this right. However, OC-5/85 remains an essential point of reference. The right to freedom of expression is key for citizens to exercise their individual and collective choices in an informed manner and to decide on the projects that will shape the present and the future.

With the aim of contributing to the discussion of contemporary challenges, the Office of the Special Rapporteur decided also to look to the past, constructing a useful and inspiring retrospective on the historical elements of OC-5/85. The Special Rapporteur consulted the carefully preserved judicial file in the Library of the Inter-American Court, conducted interviews with key figures in the history of the Opinion, and discussed the impacts of the decision with those who today serve as justice operators. The research underlying this special episode of Deliberante confirms that, in issuing this Advisory Opinion, the Court not only responded to the circumstances of its time, but also formulated a solid legal argument projected into the future. Issues such as obstacles to a free press, journalistic ethics and excellence, the circulation of untruthful information, the impact of economic concentration on freedom of expression, the relationship between pluralism and effective access to information, and subtle forms of censorship were concerns in 1985 and remain relevant today.

Forty years ago, the Court responded to these challenges with the conviction that democracies in the Americas, in a process of consolidation after dictatorial regimes, should provide broad protection to Article 13 of the American Convention. The Office of the Special Rapporteur for Freedom of Expression reaffirms that this response remains valid in 2025. If freedom of expression is the cornerstone of democracy, OC-5/85 is the cornerstone of its interpretation in the Inter-American System.

To access the special episode of Deliberante, available in Spanish, click here.

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

No. R228/25

6:59 AM