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C h i l e 1.
CONSTITUTIONAL FRAMEWORK Article 19, Numeral 4, of the Political Constitution of 1980
ensures all persons the respect and protection to a private and
public life and to the honor of the person and their family. This
article states that its violation, committed via a medium of communication,
and should it consist of a false act or fact, or that which causes
unjustified harm or discredit to a person or family, shall constitute
a crime and shall be punished in accordance with the law. That being
said, the communication medium can defend itself by proving before
the corresponding court the truth of the accusation, unless it constitutes
in itself the crime of defamation to individuals. In addition, the
owners, editors, directors and administrators of the communication
medium shall be jointly and severally responsible for the damages
awarded. 1 At the same time, Numeral 12 of the same article guarantees
the freedom to express opinions and to inform, without prior censorship,
in any form and via any medium, without prejudice of responding
to the crimes and abuses committed in the exercise of these liberties,
in accordance with the law, which shall be of qualified quorum. 2 The law shall in no case establish a state monopoly over the
communication media. 3 Any person or entity offended or unjustly referred to by a
medium has the right to have their statement or correction broadcast
free of charge, under the conditions determined by the law, via
the medium in which the information had been broadcast. 4 Every person or entity has the right to found, publish and
maintain newspapers, magazines and periodicals, under the conditions
dictated by the law. 5 The State, universities and other persons or entities so determined
by the law may establish, operate and maintain television stations. 6 There shall be a National Television Council, independent and
legally incorporated, which shall watch over the proper functioning
of this medium of communication. A law of qualified quorum shall
determine the organizational structure and powers of this Council. 7 The law shall establish a system of censorship for the showing
and advertising of cinematographic productions. 8 The exercise of the rights and guarantees, which the Constitution
ensures all persons, can only be affected under the following situations
of exception: internal or external war, internal uprising, public
emergency and disaster. 9 If anyone, due to arbitrary or illegal acts or omissions, suffers
deprivation, interruption or threat in the legitimate exercise of
the rights and guarantees established in Articles 19, Nos. 1, 2,
3, Section 4, Nos. 4, 5, 6, 9, last Section, Nos. 11, 12, 13, 15,
16 regarding the freedom and right to work and to its free choice
and hiring, and that established in Section 4, Nos. 19, 21, 22,
23, 24 and 25, can appear before the corresponding court of appeals,
which shall immediately adopt the measure it deems necessary to
reestablish due process and to ensure due protection to the affected
party, without prejudice of the other rights to which the person
may be entitled before the authorities or the corresponding courts. 10 Article 5 of the Organic Constitutional Law of the States of
Exception states that, to the effects of the foreseen in Section
1, Numeral 6 of Article 41 of the Political Constitution of the
Republic, during a state of emergency the designated chief of the
National Defense shall have the following duties and powers, such
as: 2) Dictate norms that avoid the disclosure of records of a
military nature. 11 Article 7 states: ?For the same effects stated in Article 5
of this law, during the state of catastrophe, the designated chief
of the National Defense shall have the following duties and powers: 6) Disclose through the communication media all information
that is necessary to calm the population.? 12 Article 10 orders: ?The powers that the President of the Republic
delegates to the authorities stated in this law shall be exercised,
within the corresponding jurisdiction, through the issuance of resolutions,
orders or instructions which shall be exempt from the normal process
of approval. The Commander in Chief or the chief of the National Defense
shall have the power to dictate the mandates or laws they deem convenient.? 13 Article 11 establishes: ?All the measures adopted as a result
of the states of exception must be disclosed or communicated, in
a way determined by the authorities.? 14 Article 12 determines: ?It is understood that a constitutional
right is suspended when its exercise is temporarily but completely
hindered during a constitutional state of exception. ?In addition, it is understood that a constitutional right
is restricted when, during the course of a state of exception, its
exercise is limited in its manner and substance.? 15 By constitutional decree, the President of the Republic by
declaring a state of assembly can suspend or restrict personal freedom,
the right of assembly, the freedom of information and of opinion
and the right of employment. He can also restrict the exercise of
the right of association and of affiliation, he can impose censorship
to correspondence and to communications, he can determine confiscation
of goods and establish limits to the exercise of the right to property. 16 Once the state of disaster has been declared, the President
of the Republic shall be able to restrict the movement of persons
and the transportation of goods, and the right of employment, of
information and of opinion, and of assembly. 17
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