Chile

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The exercise of freedom of information during this period has not suffered any major setbacks. However, the two developments that continue to amount to an important risk are a declaration by the Constitutional Court that Article 2331 of the Civil Code is unconstitutional and a draft law to require radio and television stations to broadcast a set percentage of solely Chilean music. The Constitutional Court opened proceedings with the objective of declaring as unconstitutional Article 2331 of the Civil Code. This article regulates the damages payable in the case of existence of libel or slander, excluding those for pain or suffering caused. In addition, it establishes “exceptio veritas” – motion to dismiss based on truth of a defamatory statement, with no damages payable. The Court decided to begin these proceedings after having made two rulings declaring this precept inapplicable in two specific cases, it being felt necessary to discuss whether it was generally applicable. In March the Constitutional Court took up again an appeal for reversal of a decision in a specific case involving two local television announcers, holding that Article 2331 of the Civil Code – which does not provide for damages for pain and suffering in defamatory statements against the honor or reputation of a person – is contrary to the Constitution, so the harm to the person concerned should be compensated for if it is proved that the accusation is false. This sets a serious precedent, as currently under discussion is whether to declare this article unconstitutional. The proceedings under way amount to a threat to freedom of expression, as the lack of limits on damages that could be claimed for reports published in the news media would, through the multiplication of libel suits seeking unlimited damages, make it impossible or difficult for the media to investigate or publish information that could affect a person. The Constitutional Court’s decision might be known shortly. On August 31 last year the Chamber of Deputies approved a bill for a law to set a minimum of 20% of Chilean music in broadcast programming. The bill would add to Law 19,928 on Promotion of National Music a stipulation that “broadcast stations in their daily music programming shall devote at least one fifth (20%) of the time to national music.” In addition, the bill would establish that 5% of the music aired must not only be Chilean but specifically folkloric. Also approved was an initiative that would set fines ranging from the equivalent of $300 to $3,000 for broadcast stations that fail to comply with this requirement, to be doubled in the case of repeat offenses. If the law is adopted it would signify a violation of the media’s editorial freedom, by imposing what must be broadcast and listened to. This is an initiative that seeks to impose something upon the audience and restrict broadcasters’ right to program content freely and autonomously, in line with their editorial policy. This bill has not undergone any major amendment and is now under debate for a second time in the Senate.

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