Abstract

AILLAPAN QUINTEROS, Jorge. Fair comment and less protection to the right to one's own image of a politician in Chile. Rev. Bol. Der. [online]. 2018, n.25, pp.110-143. ISSN 2070-8157.

In the Chilean law, the thesis prevails that the "public figures" have a significantly diminished right to one's own image than others, more so if a "public interest" is involved in the dissemination of news, information or portraits. Based on the case that affected a candidate for the presidency of the Republic of Chile, our conclusion is that the outdated understanding of creating portraits prevents a proper solution to typical phenomena of the digital and information age, since all the legal issues involved end up reduced only to balancing test between the fundamental right to privacy versus the contribution to a debate of "general interest".

Keywords : Right to one's own image; freedom portrait; pecuniary rights; public figures; freedom of expression; public interest.

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