After the presentation of a protection resource in the Court of Appeals of Valparaíso, Chilean National Television (TVN) decided to “freeze” at the end of June the broadcast of a six-part miniseries of the program “Mea Culpa” that exposed the details of the rape and murder of Amber Dogwood by Hugo Bustamante in 2020.
Lawyers for the victim’s father, Ulysses Cornejo, They went to court to prevent the reproduction of “Ambar, in the sight of the psychopath” and in the first instance they were successful, since the public signal suspended the campaign process and subsequent broadcast of the program led by the journalist Carlos Pinto.
“As a public channel we reaffirm our commitment to the protection of the rights of children and adolescents and in the same way, we expressly and unanimously condemn all forms of gender-based violence”, they explained from TVN about this resource that entered the courts after the efforts of the adolescent’s family.
More than two months have passed and the Court of Appeals ruled against Cornejo’s claims. Yes indeed, will have to wait, if issued, future legal actions.
“The protection remedy is mainly referred to ostensible and determined actions, which can or could produce harmful results to the affected subjects, so in the present case it is not clear what is the affectation and transgression that is denounced at this time, since that, as expressed, The announced program has not yet seen the light of its effective broadcast, so it is not yet clear what the rights that are said to have been violated could be, without prejudice to the protection that this action is intended to protect, can be filed and discussed in other future and hypothetical stages”, states the resolution.
“Taking into consideration the different forms or ways in which a television program can, theoretically, approach a matter of nature that has been exposed, that is, of an informative, entertaining, documentary, criminological, or other nature, and to what degree they can incorporate the dramatic, emotional or fictional elements already mentioned, in a greater or lesser depth in the respective contents, It is not possible, at this time, to conclude that by the mere fact of its future and eventual issuance, the guarantees that have been indicated in the appeal will be affected.”, assures the divided ruling of the fifth room of the court of appeal.
“The act that is branded as illegal and arbitrary by the actors, has the nature of a mere advertisement for the exhibition of a television program, which currently constitutes only a project and, therefore, Its real content is unknown and how the constitutional guarantees that are said to have been violated could be affected.“, they explained.
“It will correspond, at the time, to discuss the rights that correspond to the respondent himself, in terms of the freedom of expression that assists him and his right to information and the broadcast of television programs of his category, which also hold constitutional protection in its regard, Therefore, in this sense, it will be necessary, eventually, to weigh up the opposing interests that may arise at the appropriate time”, adds the decision of justice, where the Minister Sonia Maldonado voted against.