Chile Defamation Laws: Civil, Criminal & Defences

In Chile, defamation is both a criminal offence and a civil wrong. The Penal Code (Codigo Penal) criminalizes calumnia and injuria in Articles 412 to 431, while a person harmed by an attack on their honor can also seek money damages under the Civil Code (Codigo Civil).

Is defamation civil or criminal in Chile?

Defamation in Chile is both criminal and civil. The Penal Code addresses crimes against honor in Articles 412 to 431, separating calumnia (a false accusation of a crime) from injuria (any expression or act that dishonors or discredits a person). These are offences of private criminal action, meaning the state does not prosecute on its own; the victim must file a complaint. Independently, a person harmed by an attack on honor can seek civil compensation under the Civil Code rules on extra-contractual liability. The Civil Code, however, restricts purely monetary recovery for injurious statements: Article 2331 generally limits damages to provable economic loss unless the harm falls under the press-freedom statute (Law No. 19.733), which expressly allows recovery for moral (non-economic) harm where the conduct also amounts to the crime of injuria or calumnia.

What counts as defamation

Under Penal Code Article 412, calumnia is the imputation of a specific crime that is false and that can currently be prosecuted ex officio. Under Article 416, injuria is any expression uttered or action carried out to dishonor, discredit, or show contempt for another person. The Penal Code grades injuria by seriousness: Article 417 lists categories of serious injuries (injurias graves), which include accusing someone of a crime that cannot be prosecuted ex officio, attributing a vice or lack of morality, and statements that, given the status and circumstances of the parties, rationally deserve to be classified as serious. Less serious statements are treated as light injuries, and a light injury made without publicity may amount only to a minor infraction (falta).

Criminal defamation penalties

Penalties depend on the offence, its seriousness, and whether it was spread in writing and with publicity. Under Article 413, calumnia propagated in writing and with publicity is punished by reclusion menor in its medium degree plus a fine of 11 to 20 UTM where the imputed offence is a crimen, or reclusion menor in its minimum degree plus a fine of 6 to 10 UTM where it is a simple delito. Under Article 418, serious injuries in writing and with publicity carry reclusion menor in its minimum to medium degrees and a fine of 11 to 20 UTM; without publicity, reclusion menor in its minimum degree and a fine of 6 to 10 UTM (Article 419 covers light injuries). When calumnia or injuria is committed through a social-communication medium, the press-freedom statute (Law No. 19.733) applies higher fines.

Defences

The central defence is truth, but it works differently for the two offences. For calumnia, falsity is an element, so proving that the accused crime was in fact committed is a defence. For injuria, Article 420 provides that proof of the truth of the imputations is not admitted, except when the statements are directed against a public official about facts concerning the exercise of the office, in which case the accused is acquitted if the truth is proven. This means ordinary insults to private persons cannot be defended simply by showing they were true. Other defences flow from the structure of the offences, including the absence of intent to dishonor (animus injuriandi) and statements made in legitimate contexts such as judicial pleadings.

Watch out: For injuria against a private person, truth is generally not a defence. The exception in Article 420 is narrow and applies mainly to claims about public officials and their official conduct.

Remedies and damages

A criminal conviction can result in the statutory penalties above (imprisonment grades and UTM-denominated fines), and the court can also fix civil compensation. In a purely civil claim, Civil Code Article 2331 generally limits recovery for injurious imputations to provable economic harm (damnum emergens and lost profit) and bars recovery if the truth of the imputation is proven. Where the harm is caused by a social-communication medium governed by Law No. 19.733, the law expressly allows compensation for moral harm, conditioned on the conduct qualifying as the crime of injuria or calumnia. Courts set the amount according to the gravity of the harm and the circumstances.

Limitation period

Under Penal Code Article 431, the action for calumnia or injuria prescribes in one year, counted from when the offended party knew or could reasonably have known of the offence. The same article sets an outer limit: the action cannot be brought after five years from when the offence was committed. A short, well-defined window makes prompt action important, and a person considering a claim should confirm the exact start date for their situation.

Online defamation

The Penal Code definitions of calumnia and injuria apply regardless of medium, so statements posted on websites or social media can amount to crimes against honor. Where the statement is disseminated through a social-communication medium, Law No. 19.733 on freedoms of opinion and information, and the exercise of journalism, governs and sets higher fine ranges and the rules on moral-harm compensation. Because online posts are typically made with publicity, they often fall within the aggravated fine bands rather than the lowest tier.

How to bring a claim

Calumnia and injuria are crimes of private action, so they are not prosecuted by the Ministerio Publico on its own initiative. The victim must file a criminal complaint (querella) before the Juzgado de Garantia (guarantee court) within the one-year period set by Article 431. A civil claim for damages can be pursued under the Civil Code, subject to the Article 2331 limitation, or under Law No. 19.733 where a media outlet is involved. This is general legal information, not advice; a Chilean lawyer should confirm the correct forum and deadline for a specific case.