(IPYS/IFEX) – On 13 January 2003, in a split decision, the Santiago Appeals Court’s Second Chamber upheld the ruling for the seizure of all copies of an unauthorised biography titled “Cecilia, la vida en llamas” (“Cecilia, a Life in Flames”). The book was written by journalist Cristobal Peña. The ruling upholds the 2 December 2002 […]
(IPYS/IFEX) – On 13 January 2003, in a split decision, the Santiago Appeals Court’s Second Chamber upheld the ruling for the seizure of all copies of an unauthorised biography titled “Cecilia, la vida en llamas” (“Cecilia, a Life in Flames”). The book was written by journalist Cristobal Peña.
The ruling upholds the 2 December 2002 decision to seize the books issued by Santiago First Criminal Court substitute Judge Sandra Rojas. The judge ordered the seizure of all copies of the book in bookstores and publisher Editorial Planeta’s warehouses.
The case dates back to November, when Cecilia Pantoja filed a suit for damages against Peña. Pantoja, a popular singer known simply as Cecilia, has been a Chilean pop music icon since she played a leading role in the 1960’s pop music movement known as the “New Wave.”
The singer alleges that the book “injures her honour.” Pantoja is seeking a public apology and financial compensation for damages.
Lawyers with the Public Interest Legal Clinic (Clínica de Acciones de Interés Público, CAIP) at Diego Portales University (UDP), retained by Peña, expressed concern over the higher court ruling.
On 16 December, CAIP sought protection for the publication with the Inter-American Commission on Human Rights (IACHR). The IACHR petitioned the Chilean state to issue a written report on the case within 15 days, a decision Chile has yet to comply with.
Felipe González, a lawyer with the legal clinic, said “with this ruling, the courts once again have sent a bad signal as regards the legitimacy of the fundamental right to freedom of expression.” González recalled that Chilean courts have perpetrated the most grievous violations of this fundamental right. He cited the 1997 court ban on the movie “The Last Temptation of Christ,” the legal case launched against journalist Alejandra Matus, and the Supreme Court’s filing of a libel suit against businessperson and television panelist Eduardo Yáñez.
IPYS feels it is important to highlight the dissenting vote of Judge Sergio Muñoz Gajardo, who stated, “it is unthinkable today to prevent the free circulation of a publication, particularly when many conventional and unconventional means exist to print and distribute.” The judge added that, “third parties can quote the book in public, or reproduce it in whole or in part. This has in fact occurred since the seizure of the book.”
Muñoz highlighted the importance of freedom of expression in a democracy, while recognising that, “in an open debate without censorship, and when dealing with public figures, it is inevitable that mistakes will occur (…) particularly when these individuals wish to keep certain events in their lives private and out of the limelight.” In these instances, Muñoz noted, mechanisms are available to the state for the reparation and repression of such excesses.
Recommended Action
Send letters of support to:
Cristobal Peña
E-mail: Cpena@copesa.cl
Send appeals to Secretary General Heraldo Muñoz:
– calling on the government to provide a response to the IACHR on the Peña case, in light of the protection sought by the CAIP
Heraldo Muñoz
Secretary General
Moneda Presidential Palace
Santiago, Chile
Fax: +56 2 699 16 57
Send appeals to authorities:
– condemning the case launched against Peña
Appeals To
Sandra Rojas
Substitute Judge Sandra Rojas
Santiago First Criminal Court
Compañía 1213,
Santiago, Chile
Tel/Fax: +56 2 696 69 84Judges Sergio Valenzuela, Sergio Muñoz and Humberto Provoste
Santiago Appeals Court Second Chamber
Santiago, Chile
Tel/Fax: +56 2 698 71 72, ext. 121 / +56 2 695 21 44Please copy appeals to the source if possible.
