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Chile

20 de abril de 2025 - 16:26

During this period, legislative changes and cases of harassment against journalists were recorded. The new Personal Data Protection Law is advancing in its implementation phase, with the creation of the Data Protection Agency and the progressive adoption of stricter obligations for journalistic companies and other sectors. The lobbying bill continues processing with significant concerns about potential restrictions on freedom of expression and confusion in the definition of lobbying activities, especially for trade associations and media outlets. Judicial restrictions on publishing information about criminal proceedings have increased, raising concerns about potential excesses that limit transparency and citizen oversight.

In addition to these challenges, there has been increased social media harassment of journalists, reflected in threats and improper disclosure of personal information.

The Personal Data Protection Law reform was published in November 2024 and will fully come into force in November 2026. It aims to strengthen the protection of privacy and the rights of data subjects while recognizing an exception for exercising the right to inform and express opinions. The law safeguards journalistic work, which will not be treated as personal data processing. For media outlets, the main impact lies in the need to specify the processing of personal data for informational purposes, differentiating it from commercial uses, where transparency and security standards apply—mainly if sensitive data is managed—and includes the appointment of a data protection officer to oversee regulatory compliance.

Although the law provides a transitional period until 2026, journalistic companies already face the challenge of reviewing and adapting their data policies. Once entirely in force, the new regulations are expected to affect both editorial responsibility and information management, seeking to balance privacy protection with freedom of expression.

The lobbying bill has continued processing and public debate during the reported period, generating mixed reactions in various sectors. The unification of the categories of "lobbyist" and "manager of particular interests" into the figure of "qualified representative of interests" has raised fears that any public statement could be considered lobbying, affecting freedom of association and the right to petition. The bill also provides information obligations to the Transparency Council. It regulates so-called "indirect lobbying," some consider a form of prior censorship or self-censorship, along with differentiated treatment between public and private communications. Although the Executive has shown willingness to modify the initiative to reduce the risks of restrictions on freedom of expression, progress has been hampered by the complexity of the debate and lack of consensus.

During this period, the trend of some courts—especially in criminal matters—to order limitations on publishing information about judicial proceedings has increased.

Several relevant aspects are identified. First, more judges applied restrictions based on the principle of presumption of innocence. Although there are precedents in legislation that authorize reservations in specific cases (family or sexual nature), the discretion with which some courts issued these restrictions also extended to corruption or money laundering crimes. There was also an increase in orders not to report on corruption and money laundering cases, arguing that the publication of data could hinder the Public Prosecutor's Office's investigations.

There has also been an increase in virtual harassment situations directed at journalists. At the end of March, two female journalists from the newspaper La Tercera, who published conversations of public interest about an alleged corruption case, received anonymous threats and saw their data and their families' data disclosed on social networks. The National Press Association (ANP) denounced other cases of journalists and their families receiving threats after investigating corruption cases.

Currently, the processing of a bill seeking to provide specific protection to journalists and communication workers against potential threats is stalled.

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