Chilevisión Fined for Repeatedly Revealing Identity of Child in Morning Show «Contigo en la mañana»

Original article: Confirman multa a Chilevisión por exhibir en reiteradas ocasiones antecedentes de identidad de una niña en el matinal «Contigo en la mañana»

The Court of Appeals in Santiago has upheld a fine of 81 UTM imposed on Chilevisión for disclosing a child’s identity in the morning program «Contigo en la mañana.» This ruling comes after the National Television Council (CNTV) faced a complaint regarding this decision.

In its ruling (case number 739-2025), the First Chamber of the appellate court—composed of judges Iara Barrios, Paola Díaz, and acting lawyer Jorge Benítez—found no fault in the sanction applied, arguing that the CNTV’s decision was fully compliant with the powers granted by the Political Constitution of the Republic and applicable laws, particularly Articles 19 No. 12 of the Constitution and 1 and 12 of Law No. 18.838.

The ruling reiterated that Chilean law prohibits television services from revealing information that could identify a minor in a vulnerable situation and/or at risk of having their rights violated, as such exposure threatens their fundamental rights, according to Article 8 of the General Regulations on Television Broadcast Content.

The court noted that «the image of the child was shown repeatedly, both live and through recorded and edited material, without any form of protection,» despite warnings from Ms. Campos regarding the presence of the minor. This conduct reveals the claimant’s negligence and a deliberate editorial choice that failed to implement necessary safeguards.

It is essential to point out that the duration or briefness of the aired content, as claimed by the petitioner, does not constitute a mitigating factor for the violation. The exposure of the child’s face, physical appearance, and clothing, along with her appearing alongside her mother and a friend, would unequivocally allow identification by third parties, adds the verdict.

The ruling emphasized that such actions violated the fundamental rights of the exposed child, «related to her intimacy, privacy and psychological integrity, as it would allow for her recognition by third parties in the context of a situation with criminal and scandalous implications.»

As a result, the court specified that «the administrative act was respectful of the guarantee outlined in Article 19 No. 12 of the Constitution, which reminds that freedom of expression is not an absolute right, but rather subject to subsequent responsibilities in all cases where an abusive exercise is made of it.»

Finally, the ruling adds that «the claimant overlooks the implications of the responsibility attribution rule established in Law No. 18.838. The concessionaire’s argument that the coverage was live does not mitigate their responsibility, as the second paragraph of Article 13 of Law No. 18.838 sets a rule of responsibility for created risk.»

El Ciudadano