CHILE
The Chilean press carries out its work without restrictions, but there is a threat of new legislation that would seriously affect it.
The government on July 8 introduced in Parliament a bill titled "Concerning Freedom of Opinion and Information and the Practice of Journalism."
For more than two years a government-appointed commission composed of representatives of all the media had worked on a project to draw up new press legislation that would once and for all consolidate freedom of expression, an aim fulfilled in part.
Among the provisions that met that objective was one that would give civil courts exclusive jurisdiction to hear cases involving the media meaning journalists would no longer be tried by military tribunals. Another set guidelines for judges on issuance of gag orders.
Among the positive provisions in the bill sent to Parliament are free access to sources, particularly for journalists and media directors; the legal recognition of journalistic confidentiality, with fines for those breaching it; journalists being put on the same basis as other professionals summoned to testify in court; the setting of penalties for those violating people's privacy.
On this latter point, controversy has arisen over the court-ordered banning of the book, "Impunidad Diplomatica," (Diplomatic Impunity) by journalist Francisco Martorell which contained details about an alleged diary - whose existence has never been proved - of the wife of the former Argentine ambassador in Santiago, Oscar Spinoza Melo. Criminal charges were filed against Martorell. He now lives in Argentina, saying that he does not trust Chilean justice.
The commission members - representatives of the National Press Association, the Association of Radio Broadcasters, the National Television Association, the journalism schools of the University of Chile and Catholic University, the Journalists Colegio and constitution expert Jose Luis Cea - failed to
reach agreement on two important issues, thus delaying approval of the positive points. They disagreed on allowing only university graduates to work as journalists and over a so-called conscience clause. Most of the institutions involved favored different versions of the proposals, even though the
government repeatedly said the bill was the fruit of an agreement as a way to give it more legitimacy.
Cea said there were at least seven unconstitutional provisions in the bill as submitted by the executive branch. They include violation of the constitutional guarantee of freedom of opinion and information for all citizens.
The bill's provisions include these:
Article 3: The only persons who may use the title of journalist are those who have a professional university degree in journalism legally valid in Chile and those recognized as such under a previous law.
Article 4: The exclusive functions of the journalistic profession are:
a) The internal management of information services of communications media.
b) To report, write and edit news, information and regular columns, news reports, news summaries, editorials or informative booklets that are used and distributed by the media.
The bill says further that the director of a media company, whether or not a journalist, may carry out the functions of a journalist.
The conscience clause - a privilege that no other worker or profeSSional in Chile enjoys - is contained in Article 8. It states:
"It is recognized that journalists working in a news organization have the right to a conscience clause under which they may:
"a) refuse to carry out news activities contrary to the ethical and professional principles of the journalist or to his personal religious or philosophical convictions, without suffering any kind of reprisal for his justified refusal.
"b) end a legal relationship with a company when there is a substantial change in the character or orientation of the medium, if this change would create a situation that would affect his honor or reputation or would be incompatible with his moral convictions or when there have been repeated
infringements of the right granted under paragraph a) of this clause.
"The exercise of this right shall result in severance pay to be set by the Labor Courts, which cannot be less than individually or collectively contracted or, in the absence of such contract, that which is established by law."
The bill also contains other objectionable provisions such as requiring news organizations to buy insurance against possible press crimes that may be committed by their journalists, and high fines that would be particularly onerous for provincial companies.
