The most significant concerns for press freedom in this period arose from the content of several bills that restricted the work of the press and established publication restrictions on judicial proceedings.
Between August and September, the new Personal Data Protection Law, inspired by the European General Regulation on Personal Data Protection, was finalized, with significant changes in favor of strengthening the privacy of individuals. The law created the Personal Data Protection Agency and expanded the rights of data subjects, such as portability and temporary blocking. Companies also have more obligations to report transparently and protect data.
At the proposal of the media associations, the law exempts data processing carried out to exercise the freedoms of opinion and information. The media must distinguish the treatment of news and implement security measures and guarantees of transparency in data handling.
The media should pay special attention to sensitive data, obtain consent for non-informative purposes, and consider appointing a data protection officer. Violators may be subject to penalties.
The trend continues for some courts, particularly those with criminal jurisdiction, to order limitations on the publication of prosecutions. More than 20 years ago, it was determined that the wide publicity of proceedings guarantees that citizens have control over jurisdictional power.
In addition to some exceptional cases allowed by law to prevent the publication of the names of minors, the publication of names or faces of defendants in criminal proceedings is also prohibited in criminal trials on sexual crimes. It is argued that their knowledge could affect the principle of presumption of innocence.
There has also been an increase in cases of prohibition to report corruption and money laundering crimes under the pretext that journalistic information could affect the success of the Public Prosecutor's Office's investigations.
La Tercera succeeded in preventing, through an injunction, the prohibition of reporting on a public case in which the father of a senator was convicted of sexual abuse.
A reform to the Electoral Law proposed to eliminate the obligation to publish facsimiles of ballots and lists of polling station officials in printed newspapers and replace it with publications on the website of the Electoral Service (Servel). This provision, which would affect the finances of the media, was not approved.
The reform did include incorporating digital platforms to disseminate electoral information, highlighting the importance of traditional media for such purposes considering their penetration in areas without Internet connectivity.
Another bill on "lobbying" generated concern because any public statement could be considered a lobbying activity, thus restricting the freedom of association and the right to petition.
The bill imposes obligations on the media concerning paid communications, which could restrict freedom of expression and represent prior censorship.
