45.
Article 416 of the Criminal Code states: “[a]n insult is any expression proffered or
action executed to dishonor, discredit or disparage another person.” Subsequent articles of
the Code establish the aggravating factors for said crime:
Article 417: Serious insults consist of:
1. The imputation of a crime or simple offense that does not give rise to an ex officio proceeding.
2. The imputation of a punishable or prescribed crime or simple offense.
3. The imputation of a vice or lack of morality whose consequences may significantly harm the
reputation, credit or interests of the victim.
4. Insults that by their nature, occasion or circumstances are understood by the public as an affront.
5. Those that rationally deserve the classification of serious given the status, dignity and
circumstances of the offended party and the offender.
Article 418:
Serious insults made in writing and with publicity shall be punished with the penalties of minor
imprisonment of minimum to medium degree and a fine of eleven to twenty monthly tax units.
In the absence of those circumstances, the penalties shall be minor imprisonment in its minimum
degree and a fine of six to ten monthly tax units.
Article 420:
Proof of the truth of the accusations shall not be admitted from the person accused of slander, except
when they are directed against public employees regarding facts concerning the performance of their
office.
In this case the accused shall be acquitted if he proves the truth of the accusations.33
46. In addition, Article 12, paragraph 13 of the Criminal Code establishes among the
aggravating circumstances of any crime: “to execute it with contempt or offense against
the public authority or in the place where it is exercising its functions.”34
47.
Similarly, Articles 29 and 30 of Law No. 19.733, mentioned above, establish the rules
for crimes committed through the media.
Article 29. - The crimes of slander and insult committed through any means of social communication
shall be punished with the prison terms set forth in Articles 413, 418, first paragraph, and 419 of
the Criminal Code, and with fines of twenty to one hundred and fifty monthly tax units in the cases
of paragraph 1 of Article 413 and Article 418; of twenty to one hundred monthly tax units in the
case of paragraph 2 of Article 413; and of twenty to fifty monthly tax units in the case of Article 419.
Personal opinions expressed in specialized commentaries on political, literary, historical, artistic,
scientific, technical and sports criticism do not constitute insults, unless their tenor reveals the intent
of slander as well as criticism.
Article 30. - A person accused of having caused injury through a means of social communication
shall not be allowed to prove the truth of his expressions, except when he has imputed specific facts
and at least one of the following circumstances is present:
a) That the imputation was made for the purpose of defending a real public interest;
b) That the affected party exercises public functions and the imputation refers to facts pertaining to
such exercise.
In these cases, if the truth of the imputation is proven, the judge will proceed to definitively dismiss
or acquit the defendant, as the case may be.
For the purposes of this article, the following shall be considered as facts of public interest regarding
a person:
33
34
Law 21467, Criminal Code of Chile, Articles 416, 417, 418, and 420, supra.
Law 21467, Criminal Code of Chile, Article 12, supra.
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