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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