Radio Bío Bío wins appeal against a judge that banned the disclosure of names of businessmen accused of fraud | bbcl_research

The Court of Appeals of Concepción has accepted a protection appeal filed by Radio Bío Bío against San Pedro de la Paz Deputy Judge for Guarantee, Juan Esteban Muñoz, who prohibited from mentioning the names of businessmen accused of fraud in connection with the theft of wood.

With this measure, which was dictated in court on September 27, 2022, true violated the freedom to express an opinion and to inform and the free exercise of journalism.

The foregoing occurred during the formalization hearing of former Forestry Innovations executives, Eduardo Ugarte Ronzier and Renato Pinto Delgado, accused of set up a chain of commercialization of wood, committing fraud for five billion pesos to his own company, factorings and to the Tax and Customs Administration (SII).

In that case, the prosecutor, Marcela Barahona, filed suit on Sept. 27 fraud, embezzlement and forgery of private instruments against Ugarte.

Judge Juan Esteban Muñoz, violated freedom to inform

At the hearing, the judge prohibited from publishing the names and faces of Eduardo Ugarte Ronzier and Renato Pinto Delgadodespite the fact that these are being investigated for at least half a dozen causes.

“Facial images must not be shown, what this court adds cannot expose the name. only the initials of the people being charged”said the judge.

Above, without a lawyer or plaintiff requesting it.

Given this measure, Radio Bío Bío journalist Fabián Polanco told the judge that the names of the defendants have been aware for monthsto which Muñoz ordered the professional’s microphone to be turned off in response.

The Court of Appeal rules in favor of Radio Bío Bío

Following the violation of Article 19 No. 12 of the Political Constitution of the Republic and Article 13 of the United States Convention on Human Rights, which guarantee freedom of expression and journalistic practiceRadio Bío Bío filed a protection appeal, which was upheld by the Court of Appeal.

On November 17, the appeals court ruled in favor of La Radio’s legal action, upholding the judge’s unlawful act.

“The contested court decision not only flagrantly violates the aforementioned constitutional mandate, provided for in Article 19 No. 12, which prohibits prior censorship, by imposing an a priori prohibition on the media to release certain information from the requested magistrate , which of course deserves declare the illegality of the act of said judgebut are illegality also arises in violation of law No. 19,733, on freedom of opinion and information and the practice of journalismwhich also prevents prior social media censorship,” the ruling emphasizes.

The judge’s action was not only unlawful and arbitrary, but also exceeded all legal parameters stated in the notice of appeal.

The judge has 5 days to appeal against the ruling, which is until Wednesday 23 November.

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