Freedom of Expression and Information. Disclosure of confidential information in the media regarding criminal proceedings

Luis Alfredo Ramos Botero v. Noticias Uno newscast & another

Date:  06/19/2019

Judge-Rapporteur:  José Fernando Reyes Cuartas

Concurrence:  Diana Constanza Fajardo Rivera

Facts. The plaintiff claimed that the newscast and the journalist who reported the news, breached the legal confidentiality of information in criminal proceedings against him.  The news had to do with a draft decision by which he may be found guilty of alleged offenses that he may have incurred while holding a popularly elected public office.  The reporter also replicated the news and made statements on his personal Twitter account.

Issue:  Whether it is constitutional to disclose confidential information in the mass media

Ruling and reasoning.  Yes, because the information was true, and the reporter’s statements on his Twitter account were clearly personal opinions.  Besides, the behavior of public servants is always subject to public scrutiny.  To reach this decision, the Chamber elaborated on several topics, like:  i) legal actions against journalists and the media. ii) the freedom of expression, and particularly protected speeches.  iii) the rights to honor and good name. iv) right to due process. v) obligation of confidentiality of judicial information in criminal matters. vi) guiding criteria to establish whether the disclosure of confidential judicial information is an undue restriction to the freedom of expression.  vii)  criminal and disciplinary consequences of the leakage of confidential criminal information.  viii) social responsibility and self-regulation of the media.  ix) criminal and judicial proceedings and the work of the media.  And, x) fait accompli regarding the harm caused by the disclosure of the information.

The Court DENIED the protection and declared that the judgment itself constitutes a way of reparation.  However, it stated that there was an illegal leak of confidential criminal information on the proceedings that needs to be investigated.  Therefore, the Forum ordered to inform the Office of the Attorney General of the alleged irregularities concerning this issue.