C-045/96. Limitations to the right to information and liberty of press



The National Government, through the Administrative Department of the Presidency of the Republic, forwarded a copy of the Decree No. 1902 of 1995 “by means of which are adopted measures on informatics and are dictated other dispositions”, this to fulfill what’s ordered by the article 216 of the Constitution. The Court started its analysis of the matter by determining the fundamental rights related to the dispositions that constituted the object of study, the Plenary concluded that they were the rights to information and to freedom of speech. Secondly, this Tribunal reviewed if either this rights were absolute, or if the admitted limitations on their exercise. In that order, it was concluded that there are no absolute rights or freedoms, and as a consequence, they could be limited in order to secure other rights. Following these considerations, the Court analyzed the fundamental right to accurate and objective information, and its connection to the freedom of press. After these, the Court declared the constitutionality of the Decree No. 1902 of 1995.