The tensions between free speech and the protection to one's reputation: importance and limits of the exceptio veritatis

Abstract

This article examines the tensions between freedom of speech and the protection of one's reputation. Its main assumption is that a defendant in criminal libel procedures requires strong defenses. Thus, the article analyses the exceptio veritatis, which is the main defense in Chilean criminal libel law. The purpose is to explore if this defense, as it is, guarantees the free circulation of information of public interest, a basic requirement in any democratic system. After exploring the content, scope and function of the exceptio veritatis in the Chilean and other systems, the article concludes that this defense is not a sufficient guarantee of free speech.