Freedom of Expression

Chile

Quote of the day

Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one's choice

Article 13 of the American Convention of Human Rights

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PRINCIPLE 8 OF THE DECLARATION OF PRINCIPLES ON FREEDOM OF EXPRESSION (Social communicators’ right to keep sources, notes, and personal and professional files confidential)

 25.              On April 26, 2004, two hard drives used by journalist Jorge Molina Sanhueza and by editor-in-chief Lino Solís de Ovando G. were seized from the e-daily El Mostrador.cl, to copy and analyze the computers’ content in the context of an investigation into an attack on the embassy of Brazil that took place March 24, 2004.[1] The seizure was pursuant to the Anti-Terrorist Act.[2]

 PROGRESS

 26.              The daily El Comercio of Lima and the Asociación Nacional de Prensa of Chile brought a motion against Chile’s National Director of Customs to gain access to documents concerning alleged irregularities in the importation of a car for a Peruvian legislator. On July 9, 2004, the Third Civil Court of Valparaíso granted the motion for amparo and indicated that access to public information was included in Article 13 of the Constitutional Organic Law of the General Bases of State Administration (Ley Orgánica Constitucional de Bases Generales de la Administración del Estado).[3]


[1] Weeks earlier, with authorization from the publication, detectives from the Department of Investigations had already reviewed the computers.

[2] Reporters without Borders (RSF), May 3, 2004, at www.rsf.org, El Mostrador (Chile), www.elmostrador.cl.

[3] Inter-American Press Association (SIP), Country-by-Country Reports, Annual Assembly, at www.sipiapa.com.