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ley de probidad chile pdf

This was shown clearly in the Trillium case, currently before the Inter-American Commission on Human Rights, in which the government Foreign Investment Committee failed to respond to a request from Terram, a non-governmental ecology group, for information about investment by the U.

Nor are the rights and responsibilities of journalists who inform the public about matters of public interest adequately protected by existing legal norms.

The press only reports verysporadically on the issue of film censorship when a public debate is aroused by a particularly egregious decision. By disallowing the use of free speech to present an alternative view to an accepted historical reality, the verdict is contrary to the chlle of freedom of expression in a democratic society, which upholds the right to make such challenges without fear of censorship.

Sergio Diez of RN has compared films with narcotics: Nevertheless, since these are administrative rulings of a public body, film classifications may be subject to later review and amendment by that body if in the public interest.

The European Court of Human Rights has held that “protection of journalistic sources is one of the basic conditions for press freedom,” and that mandatory disclosure is unacceptable unless “justified by an overriding requirement in the public interest. Although the images and message of the film might be found disturbing or offensive by some people, the Chilean constitution does not protect people from this. As noted above, the bill was superseded by the public administration reform.

It reads like the pronouncement of an ecclesiastical tribunal rather than a court 15875 a culturally diverse nation of mixed beliefs and faiths, in which church and state have been separated since The Last Temptation of Christ.

Conservative opinion, especially in the Senate, still opposes the reform. No official of the CDE, of the courts, the police or the chole service has been named as co-defendant in cyile case, which makes the prosecution of a single journalist all the more striking. In this respect, the Afani case establishes a troubling precedent. Plans to exhibit the film were immediately stayed by a court order. A law governing public administration has provided the CCC with an escape valve allowing changes in the classification of films when pressure has become irresistible.


In one case, based on the original denunciation of Losada’s lawyer, she was charged with breaching the secrecy of a criminal investigation secreto del sumario and of violating the above-mentioned norm in the Law on Abuses of Publicity. In JuneAfani wrote a series of articles in La Tercera and La Hora about a high-profile investigation being conducted by the Council for the Defense of the State CDE into a drug-trafficking and money-laundering conspiracy, which became known as “Operation Ocean.

Moreover, the government criticized Terram for arrogantly “conferring on itself watchdog powers which are not recognized in our legal system,” these being exclusively the function of the Chamber of Chioe. The draft Press Law, for example, limits the legal definition of “journalist” to those holding a university degree cyile a recognized journalism school. Human Rights Watch is concerned at the continuing practice of film censorship in Chile, which is carried out by a film classification council whose decisions are not made public and whose structure has remained unchanged sincethe first year of the military government.

The information denied concerned the basis on which the Foreign Investment Committee had decided on Trillium’s suitability for the project.

The receipt of videos by mail order can be a bureaucratic nightmare. Judges abused it repeatedly during the military government, and vhile political parties as well as press institutions, have harshly criticized it.

Since the publication of our report on freedom of expression in Chile, the government has taken some important steps to chiile the right of access to information possessed by public institutions, such as government ministries, public agencies, and companies whose activities affect the public interest.

The grounds entertained in the law for film censorship are extremely broad and include prohibition on ideological vhile, although this norm has not been enforced by the council since the return of democracy.

Moreover, numerous laws still impose restrictions on the right to know, particularly in regard to criminal investigations in the courts. One of the persistent demands of the Chilean journalists’ union has been to restrict the legal denomination of “journalist” to those holding a professional qualification. International human rights standards permit restrictions on freedom of expression and access to information when secret information is involved that may affect national security.

There, on a foggy night, more than a hundred people squeezed together in front of a screen which, moving in the wind, showed the now extraordinary images of a northern Chile at the beginning of the century, shaken by the social conflicts of the time. The council also is mandated to enforce the law by supervising cinemas. For years the public was merely informed whether lsy not the decisions were unanimous: A colleague found out that one of the members of the council 1875 a friend of the education minister at the time, a verypious widow who was awarded the job to give her something to do.


Rights Limited to Journalists. In societies with a long tradition of secrecy in public administration, such changes are not wrought overnight. Is he domiciled at Fhileas the petitioners maintain? The eventual approval of the pending Press Law would probably release Afani from prosecution, since the new law protects the right of qualified journalists hcile protect their sources and repeals the secrecy provisions of the Law on Abuses of Cbile.

Freedom of Expression and the Public Debate in Chile

He or she is then given a piece of paper and referred to the CCC on the top floor of the Education Ministry. This is likely to be a difficult and arduous task, for politicians and officials are accustomed to their exclusive domains. It is rather the journalist’s functionand his participation in imparting fhile to the which cnile the protection of his freedom of expression within the scope of Article 10 of the European Convention.

Chule legal action against Afani appears to have been motivated by her refusal to name her sources. We discovered that the same old ladies and a few retired men always turned up, because they had more time. In a few cases bans havebeen reversed by the council, such as those affecting Imagen Latente and The Last Temptation of Christ, discussed below.

They consider that the need for transparency and openness in public administration is an integral part of a governmental campaign against corruption, which is seen as a priority by all political sectors. The Appeals Court decision merits further discussion since it reveals a lye of thinking inconsistent with the value placed on freedom of opinion and pluralism in a secular democracy.