LAW No. 18,838 OF THE HOME OFFICE

PRELIMINARY TITLE OF LAW NO. 18,838

Article 1:
The National Television Council is created, hereinafter the “Council,” pursuant to Article 19, No. 12 of the Political Constitution, which will be an autonomous public service that is functionally decentralized, with its own legal capacity and equity, that will relate to the President of the Republic through the Ministry of General Secretary Government (Ministerio Secretaría General de Gobierno).

This Council shall ensure the correct operation of television services and for that purpose, it shall oversee and control the content of their broadcasting in accordance with the rules in this law.

Correct operation of these services shall be understood to be the ongoing respect, through programming, for the nation’s moral and cultural values, the dignity of individuals, protection of the family, pluralism, democracy, peace, environmental protection and the spiritual and intellectual education of children and youths within such framework of values.

General Rules on Television Broadcasting Content
(Published in the Official Gazette on August 20, 1993)

In view of:
The provisions in Article 19, No. 12 , of the Political Constitution of the Republic and in articles 1, 12(a) and (l), 13, 33, 34 and 40-bis of Law 18,838, as amended by Law No. 19,131, hereinafter the “law”;

Whereas:
1. The Constitution and the law surrender the mission of ensuring the correct operation of television services to the National Television Council through the oversight and control of the content of their broadcasts;

2. Article 12(l) of the law imposes upon the National Television Council the obligation to dictate general rules to effectively prevent the broadcasting of programs with excessive violence, cruelty, pornography or participation of children or adolescents in acts of violation of morality or good customs;

3. Article 33 of the law authorizes the National Television Council to sanction infringements of the law and rules dictated by the Council in the exercise of its attributions; and

4. Article 40-bis of the law offers television viewers a recourse to participate in the task of ensuring the correct operation of televised broadcasts through reporting to the National Television Council.

The National Television Council agrees to dictate the following General Rules on Television Broadcasting Content:

Article 1: Television services are forbidden to broadcast any type of excessive violence, cruelty, pornography or participation of children or adolescents in acts in violation of morality or good customs.

Article 2: For purposes of these general rules:

A. Excessive violence shall be understood to be the use of excessive force or coercion, specially when it is done with extreme cruelty to living beings, and conduct that glorifies violence or incites aggression.

B. Cruelty shall be understood to be any ostensibly cruel conduct or conduct that glorifies cruelty, abuses, suffering, panic or terror.

C. Pornography shall be understood to be the exploitation of obscene or degrading sexual images, of sexually aberrant behavior or behavior that incites deviant conduct and any abusive or ugly exposition of sexuality.

D. Participation of children or adolescents in acts in violation of morality or good custom shall be understood to be an action or utilization of minors in scenes of extreme violence or cruelty or of explicit sexuality or in other circumstances that incite behavior contrary to morality or good customs.

Article 3: Televised broadcasting of news or informational programs should avoid any sensationalism in the presentation of real facts or situations that involve excessive violence, cruelty, manifestations of explicit sexuality or participation of children or adolescences in acts in violation of morality or good custom.

Article 4: The National Television Council shall create a regular procedure of communication with television broadcasting services in order to promote actions that encourage the correct operation of television in the terms established by law, by these General Rules and by the Special Rules.

Article 5: Television service licensees shall establish procedures concordant with the law and with the General Rules dictated by the Council and use the mechanisms of control and protection that effectively prevent broadcasts containing excessive violence, cruelty, pornography or participation of children or adolescents in acts in violation of morality or good custom.

Licensees should advise the Council on the procedures adopted within 90 days subsequent to publication of these rules in the Official Gazette.  This period shall begin from the start of business, in the case of new licensees.  Licensees shall advise any subsequent change in the established procedures in the period of 30 days after adoption thereof.

Failure to establish such procedures, a lack of concordance between such procedures and the law or the General Rules dictated by the Council or default thereon shall be considered aggravating circumstances of the conduct that is sanctionable.

Article 6: The Commission shall make present the corresponding charge when it deems, either officially or because of a reporting by a private person presented within the purview of Article 40-bis of the law, that there has been an infringement of the law or of the General Rules contained in the preceding articles.  If the defenses of the licensee involved are not timely or satisfactory, he shall be sanctioned in accordance with the law.

Article 7: The “General Rule on the Content of Television Broadcasting” approved by the National Television Council on April 25, 1990, published in the Official Gazette on May 2, 1990, is repealed.

Article 8: These General Rules shall govern upon publication thereof in the Official Gazette.

To be published in the Official Gazette.  I do certify that these General Rules on the Content of Television Broadcasting were approved by the National Television Council at a meeting held August 5, 1993.

Santiago, Chile, August 16, 1993, Mario Mauricio Morales Díaz, Secretary General, National Television Council.

Special Rules on Television Broadcasting Content

(Published in the Official Gazette on August 20, 1993)

In view of:
The provisions in Article 19, No. 12, of the Political Constitution of the Republic and in articles 13(a) and (b), 33, 34 and 40-bis of Law 18,838, amended by Law No. 19,131, hereinafter the law;

Whereas:
1. Article 13(a) of the law authorizes the National Television Council to adopt measures to avoid the broadcasting of films that are not ratable by the Cinematographic Rating Commission and programs and advertising that go against morality, good customs or public order;

2. Article 13(b) of the law authorizes the Council to determine the time as of which films rated for those over the age of 18 by the Cinematographic Rating Commission can be broadcasted;

3. Article 33 of the law authorizes the National Television Council to sanction infringements of the law and the rules dictated by the Commission in the exercise of its attributions; and

4. Article 40-bis of the law provides television viewers with recourse to be able to participate in the task of ensuring the correct operation of television broadcasting services through reporting to the National Television Council.

The National Television Council agrees to dictate the following Special Rules on Television Broadcasting Content:

Article 1: The films rated for 18 years old or older by the Cinematographic Rating Commission may only be broadcasted by television services between 10:00 p.m. and 6:00 a.m.  Their supports or trailers may not show images or make mentions that are inappropriate to minors when they are broadcast before 10:00 p.m.

Article 2: Films not rated by the Cinematographic Rating Commission that include the exhibition of contents not suitable for minors may only be broadcasted between 10:00 p.m. and 6:00 a.m.  Their supports or trailers should be subject to the stipulations in the preceding article.

Article 3: Broadcasts by television services shall indicate daily, in prominent fashion, the time at which films rated for those over the age of 18 by the Cinematographic Rating Commission may begin to be broadcasted.

Furthermore, they shall broadcasted warnings on the screen when programs being broadcasted after 10:00 p.m. are inappropriate for minors.  Their supports or trailers should be subject to the stipulations in Article 1 of these Special Rules.

Article 4: Televised broadcasting of tobacco and alcoholic beverage advertising may only be done after 10:00 p.m. to 6:00 a.m.

In exceptional cases, television services may mention the brands but not the products subject to the prohibition when such brands form a part of the sponsorship or backing of a cultural, sports or other similar event.

Any form of advertising on the use or consumption of drugs is forbidden pursuant to article 1 of Law 18,403.

Article 5: Television service licensees shall establish procedures concordant with the law and with these Special Rules and have mechanisms of control and protection that effectively prevent broadcasting that goes against morality, good custom or the public order.

Licensees shall be subject, for this purpose, to the periods and rules indicated in Article 5, second paragraph, of the General Rules regarding television broadcasting content.

The failure to establish such procedures, their lack of concordance with the law or with the Special Rules dictated by the Council or default thereon shall be considered aggravating circumstances in the conduct that is sanctionable.

Article 6: Television service concessionaires who do not abide by the measures ordered in these Special Rules shall have the corresponding charges presented against them by the Council and the sanctions established in the law may be applied thereto.

Article 7: Any private person who considers that a television service has, through its broadcasting, infringed upon the correct operation defined by the law may make a complaint to the Council no later than the 10 days after the broadcast is made.  The complaint should be made in writing and shall:

(a) indicate the channel and the program that is reported;
(b) state the day and approximate time of broadcast;
(c) specify the reason for the complaint; and
(d) identify the reporter.

The Council shall weigh the merits of each complaint and when it deems pertinent, it shall present the respective charge in application of the procedure established by law.

Article 8: These rules shall enter into effect upon publication in the Official Gazette.

To be published in the Official Gazette.  I do certify that these General Rules on the Content of Television Broadcasting were approved by the National Television Council at a meeting held August 5, 1993.

Santiago, Chile, August 16, 1993, Mario Mauricio Morales Díaz, Secretary General, National Television Council.

Rules on the Obligation of Antenna Television Broadcasting Licensees to Broadcast Cultural Programs each Week

In view of:
The provisions in Article 19, No. 12, of the Political Constitution of the Republic and in articles 1, 12(l),  33 and 34 of Law 18,838, and 

Whereas:
First: Television plays a role of the utmost importance in the development of cultural values of the country;

Second: Article 12(l) of Law 18,838 authorizes the Council to stipulate that concessionaires must broadcast one hour of cultural programs per week.

The National Television Council, in use of the aforesaid power, unanimously resolved at its meeting today:

1. To stipulate that antenna television broadcasting channels shall broadcast at least one hour of cultural programming a week in order to stimulate the public interest in cultural expressions.  Cultural programs shall be understood to be those dedicated to the arts or sciences in an ample sense.

2. These broadcasts shall be made at peak audience viewing times of the day and each concessionaire shall have the discretion to determine the time and day in that timetable, without prejudice to the provisions in article 3.

3. Peak audience viewing times shall be understood to be those between 6:00 p.m. and 11:00 p.m.

4. Each of the antenna television services shall notify the Council sufficiently in advance from time to time of the way in which it shall comply with the provisions in the previous articles.

5. This resolution shall be published in the Official Gazette and shall enter into effect on March 1, 1999.

This rule was adopted by the National Television Council at a meeting held November 30, 1998.

NATIONAL TELEVISION COMMISSION

SUPPLEMENT TO RULES ON CULTURAL PROGRAMMING

Santiago, March 24, 2003

In view of:
The provisions in Article 19, No. 12, of the Political Constitution of the Republic and in articles 1, 12(l),  33 and 34 of Law 18,838, and 

Whereas:
First: At a meeting held November 30, 1998, the National Television Council dictated rules on the obligation of antenna television broadcasting concessionaires to broadcast cultural programs at least one hour a week between 6:00 p.m. and 11:00 p.m.

Second: An analysis of compliance with these rules over time reveals that several of the programs are outside of the letter and spirit of such resolution,

At a meeting today, the National Television Council unanimously resolved to supplement its resolution of November 30, 1998 in the following ways:

1. Cultural programs may be considered to be only those that are dedicated to a dissemination of the arts and sciences in any type or format.

2. Art shall be understood to be all literary, plastic, audiovisual, musical and architectural expressions as well as combinations thereof.

3. Science shall be understood to be all those bodies of ideas and knowledge contained in the so-called exact, natural and social sciences, including disciplines such as history, law and philosophy, both in their specifically scientific expressions as well as technological expressions.

4. Cultural programs shall be considered to be those included in the preceding points that actively expound upon the arts and sciences.  If necessary, additional elements of information, association, reflection or context shall be included so that the television viewer is guided as to the characteristics of the artistic and scientific creation in terms of value, relevance, contribution to cultural values or history.

5. Cultural programs shall not generally be considered sports events, public welfare campaigns, question and answer contests, fictional films that are framed in a critical or historical context, soap operas or journalistic programs that do not add elements of artistic or scientific reflection.

6. The timetable in which cultural programming shall be shown shall run through midnight.

7. As of the effective date of this resolution, licensees shall advise the National Television Commission each month on their cultural programming for the next 60 days.
 
8. This resolution shall be published in the Official Gazette and shall enter into effect on May 1, 2003.

I do certify that this resolution was adopted at a special meeting held March 24, 2003.  Hernán Pozo Medina, Secretary General to the National Television Council