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Christ dies after shouting with triumph at discovering oey he had not, after all, betrayed his divinity. The press only reports verysporadically on the issue of film censorship when a public debate is aroused by a particularly egregious decision.

In societies with a long tradition of secrecy in public administration, such changes are not wrought overnight. The receipt of videos by mail order can be a bureaucratic nightmare. From the standpoint of international human rights law, in any case, these considerations are irrelevant. The last two categories allow censors ample discretion in deciding when a film endangers public morality and public order, concepts that are left undefined in Decree Law The Appeals Court decision merits further discussion since it reveals a mode of thinking inconsistent with the value placed on freedom of opinion and pluralism in a secular democracy.

Translation by Human Rights Watch. The Case of Paula Afani. It is rather the journalist’s functionand his participation in imparting information to the which amplifies the protection of cjile freedom of expression within the scope of Article 10 of the European Convention.


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. For this reason, the court believes that the right to emit an opinion is the right to describe a reality but never to deform it making it appear as something else. 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The CCC has not invoked it in recent years andconsiders it to have been tacitly repealed by the constitutional reform. What is his civil status, his nationality or his patrimony? The functions of the CCC are not subject to any judicial control or oversight. On top of this protection, Chilean law allows judges, at their own discretion, to ban reporting altogether on 18755 case under investigation. The council also is mandated to enforce the law by 18755 cinemas.

Children are not allowed into the cinema to see any kind of film before 6: Since the publication of our report on freedom of expression in Chile, the government has taken some important steps to promote 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 Supreme Court confirmed the decision. The protection of sources from which journalists derive information is considered in legal systems across the world to be a mainstay of press freedom.

In a few cases bans havebeen reversed by the council, such as those affecting Imagen Latente and The Last Temptation of Christ, discussed below. 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.

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

We know chule no other case in which a journalist has been prosecuted for violating the secrecy of the sumario. The Last Temptation of Christ.

In this respect, the Afani case establishes a troubling precedent. 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.

Article 34 allows the judge to order that an investigation be kept secret if he or she considers that ” its divulgation might affect the success of the investigation or cbile security of undercover agents, informers, witnesses, forensic experts or, in general those who cooperate effectively in the investigation [ The admission of repeated writs of this kind is an invitation to anyone who feels his or her reputation is endangered by a publication to apply to a court to have it restrained.

They consider that the need for transparency and openness in public leu is an integral part of a governmental campaign against corruption, which is seen as a priority by all political sectors. But despite threats of legal action and intense pressure over several weeks, she refused to reveal her sources. One of the most sensitive areas has been the confidentiality of criminal investigations. 81575, however, courts continue to impose reporting restrictions.

The bill, drafted by the Education Ministry, is essentially a updated version of the law and retains prior censorship. The writ was unanimously rejected by the Santiago Appeals Court, but an appeal is currently before the Supreme Court.

As Professor Dirk Vorhoof has pointed out: 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.

These so-called reporting bans reached their apogee under the military government but have continued to be imposed, with less frequency, until the present. The first of these categories is in line with the prohibition chie the expression of Marxist ideas contained in Article 8 of the constitution, which was repealed in August These provisions are an important advance in establishing in principle 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.


For the private video collector, the consequences are moments of trepidation on passing through Customs. An Undemocratic Body in Democracy. 188575

Chile: Progress Stalled – Access to Official Information

It may be expected that Afani would, therefore, benefit from the principle of the most favorable law. In AprilPresident Frei established a Commission on Public Ethics, composed of important political figures, jurists and academics, whose proposals were incorporated the following year into a bill on Honesty in Public Administration. 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 defenseattorney of a Chilean businessman implicated in the conspiracy, Manuel Losada, lodged a criminal complaint for breach of the secrecy of the investigation.

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The Last Temptation verdict has two other disturbing implications. A higher age limit 185575 twenty-one in the original decree was later eliminated to reflect the reduction of the legal age of majority from twenty-one to eighteen.

By 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, which upholds the right to make such challenges without fear of censorship. Despite an important revival in Chilean cinema in recent years, much of the work of prize-winning Chilean directors in exile during the dictatorshiphas not yet been put on general exhibition in Chile.

The judges evaded their responsibility toreconcile the rival claims of freedom of expression and the principle of honor by establishing, on legal leh, where their limits lay in the case before them. The Case of Paula Afani Nor are the rights and responsibilities of journalists who inform the public about matters of public interest adequately protected chilw existing legal norms.

They do chkle require that those who seek information must justify their reasons for doing so.

Such restrictions have even graver effects when they are not clearly delineated, since they may result in legal reprisals against journalists who unknowingly cross the line, as was the case vhile Paula Afani, discussed below.