February 20, 2020

This legislation includes the State Financial Administration Organic Law (Ley Law regarding the General Norms of the Government (Ley Organica. LEY N° “LEY DE BASES DE LOS PROCEDIMIENTOS ADMINISTRATIVOS QUE RIGEN LOS ACTOS DE LOS ORGANOS DE LA. Banco Central Articulo 1. La Administración del Estado estará constituida por los Ministerios, las Intendencias, las Gobernaciones y.

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It is to be emphasized that it is not the profession of journalist as such which is an important factor in the examination of the pressing social need of a restriction or penalty. What is his civil status, his nationality or his patrimony? 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 Deputies. Even less secure chioe the right of ordinary citizens, or members of civil society groups, to have 15875 to official information.

Discussion of the role of the CCC is inevitably speculative because of the secrecy of its decisions and the fact that, unlike the CNTV, the CCC is not required to publish any periodic reports on its regulatory lwy.

While the political spectrum supporting the change embraces opinions ranging from the left-of-center PPD through to chle liberal wing of the RN, 56 and the press appears united behind it, 57 the majorities required by law for a chil reform are not assured.

Sergio Diez of RN has compared films with narcotics: The CCC has not invoked it in recent years andconsiders it to have been tacitly repealed by the constitutional reform.

For its part, the CDE argued that the information revealed by Afani could wreck its investigation as well as endanger the lives of the witnesses concerned. 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.

This limitation of the right to maintain the confidentiality of sources to those holding a journalism degree is unjustifiable, in Human Rights Watch’s view, since this right exists to safeguard the public’s right to information about matters of public interest, which is not served exclusively by any professional group.

Freedom of Expression and the Public Debate in Chile

Apart from their substantive objection to the film, Porvenir de Chile claimed that the council had no authority to revoke a decision of its appeals panel. The grounds entertained in the law for film censorship are extremely broad and include prohibition on ideological grounds, although this norm has not been enforced by the council since the return of democracy. We discovered that the same old ladies and a few retired men always turned up, because they had more time.


Despite an important revival in Chilean cinema chipe recent years, much of the work of cile Chilean directors in exile during the dictatorshiphas not yet been put on general exhibition in Chile. The case of Paula Afani Saud, a reporter for the newspaper La Tercera who faces a possible five-year prison sentence for violating the secrecy of a criminal investigation, is an example.

The legal action against Afani appears to have been motivated by her refusal to name her sources.

ley de probidad chile pdf – PDF Files

They consider that the need for transparency and openness in 185775 administration is an integral part of a governmental campaign against corruption, which is seen as a priority by all political sectors.

According to Article 11 Bis: The Last Temptation verdict has two other disturbing implications. The bill, drafted by the Education Ministry, is essentially a updated version of the law and retains prior censorship. Nor are the rights and responsibilities of journalists who inform the public about matters of public interest adequately protected by existing legal norms. Is he domiciled at Ahumadaas the petitioners maintain? Cihle disallowing the use of free speech to present an alternative view to an accepted historical reality, the verdict is contrary to the essence of freedom of expression in a democratic society, chi,e upholds the right to make such challenges without fear of censorship.

In July,the petitioners applied for a protection writ, which would have required the government to divulge the information at issue, from the Santiago Appeals Court. No official of the CDE, of the courts, the police or the prison service has been named as co-defendant in the case, which makes the prosecution of a single journalist all the more striking.

ley de probidad chile pdf

The protection of sources from which journalists derive information is considered in legal systems across the world to be a mainstay of press freedom. If Christ is a person invested with legal rights, does he also have legal obligations?

Although the images and message of the film might be found disturbing or cile by some people, the Chilean constitution does not protect people from this.

Until that moment, however, she remains at risk of a conviction that would violate fundamental principles of freedom of expression. The functions of the CCC are not subject to any judicial control or oversight. Police, judges and court officials are bound by law to respect the so-called secrecy of the investigation secreto de sumario until the judge declares the inquiry closed and allows the parties access to the evidence gathered, at which point the trial per se, or plenariobegins.


Plans to exhibit the film were immediately stayed by a court order. The aim here evidently was to create a body representative of the major institutions of the state, including the judiciary, public schools and lry armed forces, with only a nod the reference to film critics to informed chilr opinion. On June 17, the Supreme Court unanimously upheld the verdict on appeal, making the ban definitive. 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.

The transparency we advocate means that the administration of the State must open its doors to the control of the people, allowing the citizenry access to the documents in its power. If this rule were applied generally, it would deny journalists, as well as the general public and civil society groups, the information necessary to exercise their own right of criticism, independent of their elected representatives. The first of these categories is in line with the prohibition of the expression of Marxist ideas contained in Article 8 of the constitution, which was repealed in August Genuine respect for an inquisitive public is different from lofty pronouncements about public access.

Despite what appears to be an increasing consensus for the abolition of prior censorship, an amendment to Article 19 12 of the constitution tabled bythe government in the Chamber of Deputies in April has not progressed, and at the time of writing August Congress has still to vote on the issue. The new law establishes the public right to know and the circumstances in which access may legitimately be refused. Nor could the judgment establish that the honor of the petitioners was affected, since the film obviously made no reference to them, nor indeed could it be read as an attack on the Christian faith or on Christians generally.