(PFC/IFEX) – On 23 July 2003, a Santiago Appeals Court order barred the TVN television station from airing an edition of the “Enigma” series that focused on the assassination of lawyer Patricio Torres Reyes. The court was responding to a request by the victim’s family, who argued that their honour would be violated if the […]
(PFC/IFEX) – On 23 July 2003, a Santiago Appeals Court order barred the TVN television station from airing an edition of the “Enigma” series that focused on the assassination of lawyer Patricio Torres Reyes. The court was responding to a request by the victim’s family, who argued that their honour would be violated if the programme was broadcast.
On 1 October, the Fifth Chamber of the Santiago Appeals Court dismissed the order, effectively putting an end to the censorship the programme had been subjected to.
Judges Jaime Rodríguez Espoz and Raúl Rocha Pérez voted against the split-decision ruling, which said that “the public can and should be informed of certain events, which include the government’s actions, parliamentary debates and agreements, new laws that are under consideration, court rulings and certain crimes that are in the public interest. The case the ‘Enigma’ programme was focusing on referred to a robbery, that also involved a homicide and a fire. It is a matter that is in the public interest and does not fall under the right to privacy.”
Eduardo Yáñez, president of the Comité Pro Defensa Ciudadana organisation, welcomed the ruling calling it, “a sensible and intelligent decision that will hopefully discourage courts from taking similar actions in the future.”
According to the organisation, even though the ruling does not make specific references to international norms on freedom of expression, the court’s decision is in accordance with the basic principle that prior censorship should not be applied.
For further information on the case, see: http://portal-pfc.org/libexp/docs/2003/164.html
This alert has been prepared by PFC with information from Comité Pro-Defensa Ciudadana.
