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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Article 19 2 of the Law on Abuses of Publicity extends the prohibition to anyone who “knowingly publishes. 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. The admission of repeated writs of this kind is an invitation to anyone cchile feels his or her reputation is endangered by a publication to apply to a court to have it restrained. These films may not be put on public exhibition.

The last two categories allow censors ample discretion in deciding when a oey endangers public morality and public order, concepts that are left undefined in Decree Law 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. 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.

ley de probidad chile pdf

Police, judges and court officials are bound by law cile 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.

Without it, the media’s and hence the public’s access to information would be drastically reduced.

Many of these works were not let to the censor, probably to avoid a futile waste of time and expense. A review panel, misleadingly called an appeals court, may be called on to reconsider the rejection of a film following the presentation of a written appeal. In one case, based chlle 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.

On prior censorship, therefore, the older bill has been superseded by the January initiative, although its other proposals will be taken into account when Congress eventually establishes new mechanisms to regulate the cinema. The legal action against Afani appears to have been motivated by her refusal to name her sources. Allard intervened on this occasion, too, to get the decision reversed. If Christ is a person invested with legal rights, does he also have legal obligations?


The protection of sources from which journalists derive information is considered in legal systems across the world to be a mainstay of press freedom.

The Appeals Court decision merits further discussion since it reveals a mode of thinking inconsistent with the chole placed on freedom of opinion and pluralism in a secular democracy. Human Rights Watch has been informed that there is no law in Chile specifically prohibiting journalists frommaking public information derived from criminal investigations in progress. These provisions are an important advance in establishing in ly that an official who denies a request for information can be held responsible, rather than, as in the past, requiring the person who solicits information to convince the official why he should have it.

As noted above, the bill was superseded by the public administration reform. It is to be emphasized that it is not the profession of journalist pey such which is an important factor in the examination leh the pressing social need of a restriction or penalty. 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.

Such archaic procedures lsy encourage a free flow of culture, information, and ideas.


Plans to exhibit the film were immediately stayed by a court order. The CCC has not invoked it in recent years andconsiders it to have been tacitly repealed by the constitutional reform. Currently, however, courts continue to impose reporting restrictions. While the composition, powers, and modus operandi of the CCC have been subject to only cosmetic change since the election of President Aylwin, the council has adjusted its 1875 in three respects: While the political spectrum supporting the change embraces opinions ranging from the left-of-center PPD through to the liberal wing of the RN, 56 and the press appears united behind it, 57 the majorities required by law for a constitutional reform are not assured.

Point 3 of the declaration stated: The new law establishes the public right to know and the circumstances in which access may legitimately be refused. The Last Temptation verdict has two other disturbing implications. For years the public was merely informed whether or not the decisions were unanimous: Nor are the rights and responsibilities of journalists who inform the public about matters of public interest adequately protected by existing legal norms.


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. 18755 Supreme Court confirmed the decision. One of the most sensitive areas has been the confidentiality of criminal investigations.

Afani again refused to reveal any names on grounds of hcile ethics. Rights Limited to Journalists. Although the council was made up of eleven persons, attendance was very sparse.

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.

If the film is accepted the owner still must pay a classification fee to recover it.

The traditional bias in public administration toward secrecy can be seen in an array of statutes that make it a criminal offense to reveal or publish official information deemed confidential by government officials. On top of this protection, Chilean law allows judges, at their own discretion, to ban reporting altogether on a case under investigation. Translation by Human Rights Watch.

Conservative opinion, especially in the Senate, still opposes the reform. Nor could the judgment establish that the honor of the petitioners was affected, since the film ldy made no reference to them, nor indeed could it be read as an attack on the Christian faith or on Christians generally.

But despite threats of legal action and intense pressure over several weeks, she refused to reveal her sources.

What is his civil status, his nationality or his patrimony? The press only reports verysporadically on the issue of film censorship when a 118575 debate is aroused by a particularly egregious decision. Police searched her home and her work-station in La Tercera ‘s Santiago office but they left empty-handed.

Christ dies after shouting with triumph at discovering that he had not, after all, betrayed his divinity.