Chile

The main setback facing the exercise of freedom of expression during this period has been the process of declaring Article 2331 of the Civil Code unconstitutional, initiated by the Constitutional Court. The article in question specifies the damages payable in successful libel and defamation lawsuits, excluding damages for harm to one’s reputation. In addition, it provides for what is known in law as “exceptio veritatis” – meaning that if a defamatory statement is truthful no damages are payable. The Court decided to initiate this process after having made two rulings declaring this precept to be non-applicable in two particular cases and feeling it to be necessary to discuss whether it was generally applicable. The danger is that a lack of a ceiling for damages that can be sought for reports published in the media could prevent or make difficult the investigation or publication of information. On August 31 the federal Chamber of Deputies adopted a bill that would require a minimum of 20% Chilean music in any radio music program. The bill seeks to add to Law 19,928 on the Promotion of National Music a provision stating that “radio stations in their daily record-playing programs must include national music at least one-fifth (20%) of the time.” The bill stipulates that 5% of the music broadcast has to be folkloric, that is to say traditional, Chilean. Also passed was a bill setting fines ranging from 5 to 50 Chilean Monthly Tax Units (UTMs) – equivalent to $300 to $3,000 – payable by radio stations that fail to comply with this proposed legal requirement, to be doubled in the event of further non-compliance. Under this proposed legislation, rather than seeking to provide incentives for promoting local music, what is being sought is a means to impose an obligation to broadcast certain kinds of music. This bill is now under debate in the Senate.