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C
h i l e
9. OTHER RESTRICTIONS ON THE CONTENT
OF INFORMATION
For details of the restrictions on information content for
the media, refer to the articles described in the section pertaining
to the crimes against moral convention in the Law on Abuses in Advertising.
However, said law alludes to certain restrictions, such as
the ones described below:
Article 24: ?It is prohibited to disclose by any broadcasting
medium the identity or any information that leads to the disclosure
of the identify of a minor, whether he is the author, accomplice,
accessory or victim of a crime. The violation of this article shall
be punishable by a fine of ten to fifty minimum wages.? 91
Article 25: ?The court may ban the disclosure by any broadcasting
medium of information concerning specific legal proceedings. The
violation of this provision shall be punishable with lesser incarceration
of minor to medium degree and a fine of one to four minimum wages.
?The judge shall order this ban only when the disclosure may
hamper the success of an investigation or attempt against moral
convention, the security of the State or public order, and shall
be published free of charge in one or more newspapers determined
by the judge, in the place where the case is being tried, or in
the county seat or state capital if there is no newspaper in the
former. If such ban is not published within forty-eight hours, it
shall be punished as a crime of contempt of court with the penalty
of lesser incarceration of minimum degree.
?The resolution that imposes the ban may be appealed while
the process in the lower court continues. The appeal may be presented
by the parties or any journalist belonging to the Association of
Journalists and the court of appeals shall deal with the case.? 92
Article 27: ?It is forbidden, under penalty of fine of two
to ten minimum wages, to make public, by using any broadcasting
medium, announcements and information that offer or recommend medication
that has been declared harmful by the National Health Service. The
producers or the sellers who have requested the publication of the
announcements shall answer for the violation of the provisions of
the previous section and Article 186 of the Health Code. In the
case of a repeat offense, the penalty shall be lesser incarceration
of any degree, without prejudice to the provisions of Article 47.? 93
Electoral propaganda conducted through the print medium, radio
or television is banned on the three days before an election or
plebiscite, according to Art. 30 of the Organic Constitutional Law
on Public Elections and Ballot Counting.94
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