|
|
Country-by-Country
Reports
|
CHILE
During this period there were no serious events
affecting press freedom.
On June 4, 2001, a Law of Freedom of Opinion and Information and Journalistic
Practice was enacted. During the debate over the law, provisions protecting
a person's private or family life were removed by mistake. The provisions established
conditions under which the media could report on these matters as long as they
are of undeniable social importance.
The elimination of these provisions, which were contained in Article 22 of the
revoked Law of Abuses in Publication, leave investigative journalists under
the restrictive framework of Article 161 of the Criminal Code.
When the government was informed of the serious step backward this situation
would cause in press freedom, it made a commitment to sponsor a bill to reinstate
the regulations for nine months, during which time it would introduce new legislation
covering protection of individuals' privacy. However, the government has made
no progress in preparing the bill as it had said it would.
On December 13, 2001, journalist Paula Affani was acquitted after the enactment
of Law 19/733 concerning Freedom of Opinion and Information and Journalistic
Practice, following the repeal of Law 16.643, Abuses in Publication. Affani
had published articles about a controversial drug trafficking case in the newspapers
La Hora and La Tercera from June 19 to 22, 1998.
The trial was intended to find out how Affani had obtained access to sources
in a secret legal proceeding. The State Defense Council, which brought the case,
also made an individual charge against the journalist.
On January 4, Juan Pablo Illanes was notified of a complaint filed by Clara
Szczaransji, president of the State Defense Council concerning an editorial
published in El Mercurio of Santiago on November 28, 2001. The complaint named
Illanes and others who might be considered responsible as authors or accomplices
before or after the fact.
The editorial, which is not libelous, expresses opinions critical of Szczaransji,
backed up by a long series of facts published in all the media, including two
actions by the Supreme Court. The complainant, however, analyzed the text and
said there were at least 13 implicit libelous concepts that formed the basis
of her complaint. It was accepted by the 33rd Criminal Court in Santiago, which,
at Szczaransji's request, summoned various members of the editorial board of
El Mercurio.
After IAPA protested the complaint, Szczaransji accused the newspaper of turning
to international professional organizations for support and of having described
her as using the legal term "contempt" as a basis for her criminal
complaint.
 questions
or comments? e-mail us
Copyright © 2003 Inter American Press Association.
All rights reserved.
. |
