On November 8, 2022, the Supreme Court (Rol N°49.936-2022) accepted the appeal for protection, revoking the appealed judgment, and ordered the elimination of the publications issued by the respondent containing expressions that dishonor the appellant, indicating that they constitute a disturbance to the right to one’ s own image and to their right to honor.

The protection action was filed due to various rude epithets and insults with which the respondent publicly denigrated the appellant, mainly violating the constitutional guarantee of article 19 N° 4 of the Political Constitution of the Republic, that is, the respect and protection of the private life and the honor of the person and his/her family.

The Court indicated that the facts imply a collision of constitutional guarantees, inasmuch as on the one hand it is argued that the right to honor is affected and on the other hand, it is affirmed that the broadcasting of the publications is part of the freedom of expression.

The Court considered that freedom of expression is not absolute, and that, if there is no possibility of counter-argument, as in the case of the publication, such offensive epithets are harmful to the honor of the person.

Consequently, the Court ordered the immediate removal of all publications issued by the respondent that contain dishonorable expressions regarding the appellant.

Should you require additional information on this matter, please contact Jorge Tisné (jtisne@jdf.cl).