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ANGELA FRANCISCA VIVANCO MARTINEZ MINISTRA Fecha: 26/02/2021 12:31:07 JUAN MANUEL MUÑOZ PARDO MINISTRO(S) Fecha: 26/02/2021 12:59:34 PEDRO PIERRY ARRAU ABOGADO INTEGRANTE Fecha: 26/02/2021 12:31:07 XSWLTMLRWD

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Maureira Álvarez v. Google

Case Law

Country

Chile

Country Location

Latitude: -33.37862595454361

Longitude: -70.68408456156871

Country Location (linked Case Law): Chile

Decision Date: Jun 25, 2021

Case Status: Closed

Case Outcome (Procedural)

Reversed Lower Court

Keywords

Data Protection and Retention
Defamation / Reputation
Digital Rights
Freedom of Press
Privacy
Right to be Forgotten

Judicial Body: Supreme Court (court of final appeal)

Court Name: Supreme Court of Chile

Case Number: Rol N°140.332-2020

Case Summary: The Supreme Court of Chile partially revoked a ruling of the Court of Appeals of Concepción that rejected a writ for protection filed by Maureira Álvarez, a former public official, against media outlets for maintaining internet-based publications connected to a criminal investigation into his alleged role in the embezzlement of public funds. While the veracity of the events were agreed upon, Mr. Álvarez argued that the charges had been dismissed and that that the permanence of incomplete information online violated his right to privacy and honor and submitted that the latter rights should prevail over freedom of expression. The Court observed that despite the passage of time and the dismissal of the charges, the information maintained public relevance since it concerned allegations of corruption against a public official in his professional capacity. As Chilean law does not recognize the so-called “right to be forgotten,” the Supreme Court weighed the right to access information against the right to private life and honor to hold that the media outlets had violated the Mr. Álvarez’s right to honor by failing to include the definitive dismissal of the charges against him. Hence, the Court further ordered the media outlets to update their posts to include a link to the full text of the judgment dismissing the charges against Mr. Álvarez.

Case Significance: The decision expanded Freedom of Expression since the Court ordered the media outlets to update the news report to include a link to a Court of Appeals’ ruling, thereby providing the complete access to information to the users/ public. Freedom of speech also encompasses the right to information which is true and unaltered. By directing the Respondents to make complete disclosure with respect to the outcome of Court of Appeals, the decision enforces and expands the right to free speech in its true sense. Another positive aspect lies in the Court’s decision that the so-called right to be forgotten must prioritize the protection of the right to information when the disclosure of facts is relevant to the public interest.

The decision establishes a binding or persuasive precedent within its jurisdiction.

Related Law

Constitution of Chile

Source URL: Global Freedom of Expression

Collection

Columbia

Date Updated: Jul 3, 2024

Primary Documents

Supreme Court Judgment (Spanish)
Spanish
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CYRILLA: Global Digital Rights Law

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Maureira Álvarez v. Google

Primary Documents

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