The Constitutional Court protected the rights of former President Álvaro Uribe and ordered the journalist Daniel Mendoza rectify the information published through the series ‘Matarife: an unmentionable genocide’ against the former president.
The Court’s order says that the rectification must be done personally and publicly, in addition it should have the same hype as the series.
“An informative display equivalent to that of the publications in which the statements whose rectification is ordered were disseminated”, says the decision.
Mendoza must publicly acknowledge that the accusations against Uribe are false in chapter one of the series where Mr. Uribe Vélez is referred to as a “mastarife”, “paramilitary”, “murderer”, “corrupt” and “drug trafficker”, says another. other than decision.
Read: Judge Meneses remains in the process of guardianship of Uribe for the series ‘Matarife’
“Mendoza Leal must carry out three rectifications: (i) the rectification of the statement published on Twitter, which must be carried out through a trill in the account @ElQueLosDelata, (ii) the rectification of the statements published in the audiovisual production “Matarife: an unmentionable genocide”, which must be carried out through a video that will have to be broadcast on all the official accounts of the series on social networks and (iii) the rectification of the statements that were made in the interview granted to Hollman Morris, which must be done by posting a video on the Twitter account @ElQueLosDelata. The Chamber will order the Creative Bullets Association to provide Daniel Mendoza Leal, in a timely and speedy manner, with access to the series’ broadcast platforms and the Twitter account @ElQueLosDELATA so that he can proceed to carry out the ordered rectification,” says the court. court order.
However, the Court did not agree to Uribe’s request to stop broadcasting the series or remove it from social networks“given that they produce a disproportionate restriction on freedom of expression.”
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It should be remembered that former President Álvaro Uribe Vélez filed a tutela action against journalist Daniel Mendoza Leal, for considering his fundamental rights to honor, good name, presumption of innocence and human dignity violated with the publication of this series.
This is the operative part of the decision of the Constitutional Court:
FIRST. LIFT the suspension of terms decreed in this process.
SECOND. REVOKE the judgment of July 31, 2020, issued by the Twenty-ninth Municipal Civil Court of Bogotá. Instead, PROTECT the fundamental rights to honor, good name and the presumption of innocence of Mr. Álvaro Uribe Vélez, due to the considerations set forth in the motives of this judgment.
THIRD. TO ORDER Mr. Daniel Mendoza Leal that, within five (5) days from the notification of this order, carry out the rectifications ordered in this judgment in accordance with the parameters described in section “7. Remedies and orders”.
FOURTH. ORDER the Creative Bullets Association to provide Daniel Mendoza Leal with access to the broadcast platforms for the series “Matarife: an unmentionable genocide” and the Twitter account @ElQueLosDELATA so that he proceeds to carry out the rectification ordered in this judgment.
FIFTH. TO ORDER Mr. Mendoza Leal that, henceforth, he comply with the requirements of truthfulness and impartiality set forth in article 20 of the Political Constitution and constitutional jurisprudence when he exercises freedom of information and of the press.
SIXTH. Through the General Secretariat, RELEASE the communications referred to in article 36 of Decree 2591 of 1991, for the purposes contemplated therein.
