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The Santiago Appeals Court rejected, just last Tuesday, the protection appeal filed by the television director Herval Abreu Guerrero (56), with which he sought justice to establish its “Right to be forgotten” and it will force digital platforms to eliminate the information referring to the accusations of sexual abuse published in the Saturday Magazine in April 2018.
The medium made public the stories of seven women: the actresses Antonella Orsini, Daniela vargas placeholder image Y Freda vergara, in addition to the scriptwriter Barbara zemelman, the architect Carola Paz and two anonymous ones, who recounted situations of abuse and harassment experienced with the director.
The legal appeal was filed by Abreu’s lawyer, Stephan Lührmann, in February 2019. It was indicated that “the massive, immediate and constant access to the information that the company has produced a public and fierce prosecution” against its client.
In it, it requested that Google, Youtube, Bing, Wikipedia and Yahoo remove from their respective search engines and / or indexers (…) the links or access to news, reports or any type of audiovisual information related to the appellant and the complaints in against which he was dismissed ”.
In the opinion, the Seventh Chamber of the Court of Appeals of Santiago determines that “the so-called ‘right to be forgotten’ it is not established in our legislation“. It also defines that this is about “aspiring to eliminate information that causes damage and that is contained in computer systems connected to the global information network.”
Likewise, they point out that “the information that can be accessed (…) in no case is inaccurate, lacking in integrity or false, it is likewise not disputed that said data on the web is updated to date.
With this, the Chamber, chaired by Minister Marisol Rojas and made up of Minister (s) Juan Carlos Silva and prosecutor Clara Carrasco, decided to reject the “precautionary action taken in favor of Herval Abreu”.
Let us remember that the judicial process against him began in April 2018, when the Las Condes Prosecutor’s Office began an ex officio investigation. Although after the proceedings, they reported that they were unable to gather sufficient information to file an accusation, so the case was dismissed.
Then, in March 2019, Abreu was finally dismissed and found not guilty. The milestone, for the writer, was not covered by the media with the same notoriety, and because of this he presented the protection appeal against internet companies.
“No antecedent was given in relation to the existence of crimes, on the contrary the innocence of Mr. Abreu was confirmed in the serious, false and harmful accusations that were made against him,” said Mario Vargas, Abreu’s defender, after the dismissal for the fifth complaint.
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