6 And, what is even more important, with the proportionality of the sanction in terms of the damage caused, which is the task of judges. 26. Along these lines, therefore, the Court has established that criminal proceedings do not restrict in and of themselves freedom of thought and expression. The necessity and proportionality of the criminal proceedings must be in line with the seriousness of the damage caused rather than with an abstract consideration which prohibits them for reasons which are not derived from the provisions of the Convention. This is one of the legitimate mechanisms expressly recognized by the Court –in accordance with the parameters defined- when it established that “it is legitimate for an individual who considers that his honor has been impaired to resort to the judicial mechanisms established by the State to protect it” (para. 55). Diego García-Sayán Judge Pablo Saavedra-Alessandri Secretary