Court rejected protection appeal of Hospital de Copiapó against digital communication medium El Zorro Nortino

The Copiapó Court of Appeals rejected the appeal for protection filed by the management of the Regional Hospital of San José del Carmen, headed by Bernardo Villablanca, against the digital medium The Northern Foxfor the publication in which said portal reported the appointment to a managerial position of a nurse married to a defendant for the extrajudicial execution of student Guillermo Vargas at the University of Atacama in 1974, which occurred precisely in said health establishment.

The libel argued that the digital medium with its publication had affected the right to honor of the nurse Sandra Retamal, enshrined in article 19 of the Political Constitution of the State, the right to private life and intimacy, the right to admission to all public functions and jobs and finally the right to image and the right to property over it. Meanwhile, the defense The Northern Fox He responded that everything published was true, of a public nature, available both in open sources and in the transparency portal.

“I am surprised to understand that a person feels dishonored for disclosing his name, profession, marriage bond or the remuneration he receives from the state and that he acted in accordance with the press law, there are no offenses, grievances or false accusations or computer abuse. of any kind that affect the appellant, but only the use of the constitutional right to information on a matter of regional public interest, of which it is the protagonist, “they pointed out from the regional media in response to the appeal.

In the ruling, the Court of Appeals cited the judgment of the Supreme Court (Role No. 21,499 – 2014), which addresses the collision between the right to honor and the right to inform and freedom of expression, where it argues that “it does not have an absolute character and that, therefore, is subject to limits such as the public interest in that the citizens know of certain information”, indicating that it must be decided on a case-by-case basis and using the available jurisprudence as a guide.

Thus, the court determined that in the published note “it is not seen seriously or categorically that what is expressed there regarding Mrs. Muñoz Retamal can be considered as a deprivation, disturbance or threat of her right to respect and protection of private life and of the honor of both her and her family, to the extent that it can justify the intervention of this Court in safeguarding said constitutional guarantee”, arguing that the information on her marital status, profession, position and salary are public data.

Sandra Muñoz Retamal’s status as a public official and the exercise of a management-level position, even when it is as a substitute, places her in a public scrutiny perspective, both inside and outside the Institution in which performs, which is proper and inherent to the public function called to exercise, which is why you cannot avoid the examination and information of your professional and even family history, “adds the resolution.

Regarding the quality of the spouse Guillermo Riveros Rojas, prosecuted for the death of Guillermo Vargas at the University of Atacama, in a serious violation of human rights, the Court estimated that “he has limited himself to publishing records related to the investigation of events that occurred in the year 1984 in this city of Copiapó, exercising freedom of expression, whose verification has meant for the spouse of Mrs. Muñoz Retamal – even though at that time they were not in a state of marriage – that he is subjected to a process, in such a way that so that, since the foregoing is about facts of public relevance, the right to honor and private life yields in this case to the need for protection enjoyed by freedom of information, considering the need for citizens to know these facts », concluded the Court of Copiapó.

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Court rejected protection appeal of Hospital de Copiapó against digital communication medium El Zorro Nortino


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