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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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. From the standpoint of international human rights law, 118575 any case, these considerations are irrelevant.

This limitation of the right to chlie 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.

These films may not be put on public exhibition. These bills did not pass, since the government decided 18557 to incorporate many of their norms as amendments to the main statute governing public administration.

In Chioe,the petitioners applied for a protection writ, which would have required the government to divulge the information at issue, from the Santiago Appeals Court. A few buses stopped in the middle of Alameda and the driver and passengers observed the unusual spectacle in astonishment. 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.

ley de probidad chile pdf – PDF Files

Restrictions on Court Reporting: The eventual approval of the pending Press Law would probably release Afani from prosecution, since the new law protects the right of qualified journalists to protect their sources and repeals the secrecy provisions of 1857 Law on Abuses of Publicity.

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. The press only reports verysporadically on the issue of film censorship when a public debate is aroused by a particularly egregious decision. By accepting that the film offended the honor of Christ, the judgment opened the door to the prohibition of any work critical of the orthodox view of figures who are worshiped or widely venerated.

The Case of Paula Afani Nor are the rights and responsibilities of journalists who inform the public about matters of public interest adequately protected by existing legal norms.

The cyile Press Law, for example, limits the legal definition of “journalist” to those holding a university degree from a recognized journalism school. Genuine respect for an inquisitive public is different from lofty pronouncements about public access. In a few cases bans havebeen reversed by the council, such as those affecting Imagen Latente and The Last Temptation of Christ, discussed below.

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ley de probidad chile pdf

The aim here evidently was to create a body representative of the major institutions of the state, including the judiciary, public schools and the armed forces, with only a nod the reference to film critics to informed public opinion.

It is to be emphasized that it is not the profession of journalist as such which is an important factor in the examination of the pressing social need of a restriction or penalty.

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.

In addition, on April 28,the CDE asked that she be prosecuted for violating the secrecy of a criminal investigation under the Law against Illegal Drug-Trafficking. That is why the State is obliged to take measures.

Sergio Diez of RN has compared films with narcotics: Its decision is final and may not be reviewed by a court of law. A higher age limit of twenty-one in the original decree was later eliminated to reflect the reduction of the legal age of majority from twenty-one to eighteen. Article 19 2 of the Law on Abuses of Publicity extends the prohibition to anyone who “knowingly publishes. In the Last Temptation ruling, however, the protection of honor was extended much further, so as to include the honor of Christ himself as well as of those who follow his teachings.

There has been little change of substance since.

What is his civil status, his nationality or his patrimony? The council was later expanded to eleven. Afani again refused to reveal any names on grounds of key ethics. It is rather the journalist’s functionand his participation in imparting information to the which amplifies the 1575 of his freedom of expression within the scope of Article 10 of the European Convention.

For this reason, by offending, debilitating or deforming the person of Christ, the questioned film offends and causes grievance to those who, like the petitioners, base their faith in the person of Christ, God and man, and on the basis of this conviction and reality assume and direct their own lives. Plans to exhibit the film were immediately stayed by a court order. The two films were due to play in the Normandie art cinema leg single screenings on July 23 and 24, as part let a successful tour that had already included eight Latin American countries.

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

Although the images and message of the film might be found disturbing or offensive by some people, the Chilean constitution does not protect people from this. 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. We know of no other case in which a journalist has been prosecuted for violating the secrecy of the sumario.

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The bill, drafted by the Education Ministry, is essentially a updated version of the law and retains prior censorship. The legal action against Afani appears to have been motivated by her refusal to name her sources. He is awoken from his seductive fantasy and finds himself once more on the cross. The first of these categories is in line with the prohibition of the expression of Marxist ideas contained in Article 8 of the constitution, which was repealed in August 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.

They do not require that those who seek information must justify their reasons for doing so. An Undemocratic Body in Democracy. Television stations exhibiting films banned by the classification council or transmitting films classified for over-eighteens at family viewing hours risk fines or ultimately cancellation of their broadcasting licenses.

The Last Temptation verdict has two other disturbing implications. The council also is mandated to enforce cbile law by supervising cinemas. Despite what appears to be an increasing consensus for the abolition cnile prior censorship, an amendment to Article 19 12 of the constitution tabled bythe government in the Chamber of Deputies in April has not progressed, and at the leyy of writing August Congress has still to vote on the issue.

This was shown clearly in the Trillium case, currently before the Inter-American Commission on Human Rights, in which the government Foreign Investment Committee failed to respond to a request from Terram, a non-governmental ecology group, for information about investment by the U. Such archaic procedures scarcely encourage a free flow of culture, information, and ideas.

The complaint held that the judicial ban on the screening of The Last Temptation of Christ made the state responsible for violating freedom of expression guarantees in Article 13 of the American Convention. 18557 law does not require the names of the censors on the panel responsible for the decision to be identified; it is impossible to know how they voted.

Police searched her home and her work-station in La Tercera ‘s Santiago office but they left empty-handed.