Paulina de Allende-Salazar, the journalist dismissed by Mega Media, has won her case against the Chilean television channel, as the court ruled her termination unjustified. The First Court of Letters of Santiago declared on January 2, 2024, after nearly two years of legal proceedings, found the dismissal based on her on-air mistake not only inappropriate but also violative of her constitutional rights.
The incident occurred on April 6, 2023, during the morning show, Mucho Gusto, when de Allende-Salazar mistakenly referred to a slain police officer as 'paco', leading to widespread outrage and her subsequent dismissal. According to Ciper, the court supported de Allende-Salazar's claims, stating these actions breached her safeguards to honor and freedom of expression.
"The first ruling stated her termination was inappropriate, violated her constitutional safeguards, and undermined her honor, impacting her right to freedom of information and expression," reported Ciper, detailing the court's decision.
Following her unjust dismissal, de Allende-Salazar sought legal recourse on June 14, 2023. The court not only deemed her firing improper but also acknowledged the damaging impact it had on her professional image and reputation. Paulina described the ruling as pivotal for journalism, emphasizing the need for media professionals to be able to report without fear of unjust repercussions.
The court's ruling ordered Mega Media to compensate de Allende-Salazar with $243 million due to the breach of her employment contract and $20 million for damages to personal honor and reputation caused by the station’s actions—a significant setback for the channel. "A special indemnification clause applies due to unjustified dismissal," de Allende-Salazar explained, illustrating the financial ramifications for her former employer.
Another key aspect of the ruling mandated Mega Media to issue public apologies to de Allende-Salazar and implement reforms within its operations. The affected honors and rights must be explicitly acknowledged, avoiding similar future infractions against journalists. The ruling stipulates these apologies should be made by the hosts of Mucho Gusto, the program from which she was dismissed, and broadcast through various platforms of the network.
"This ruling is significant for the defense of journalism practice," remarked de Allende-Salazar, highlighting the broader importance of the court’s decision beyond her personal case. The court also indicated additional reparations including mandatory training for journalists at the channel. They must partake in educational sessions provided by the College of Journalists focusing on Fundamental Rights of Work, Freedom of Expression, and Ethical Journalism, ensuring higher standards and ethical acknowledgments moving forward.
Significantly, the court emphasized the need for Mega Media to establish procedural protocols enabling journalists to correct on-screen errors. This stipulation aims to bridge the gap and promote transparency when mistakes occur during broadcasts—a point de Allende-Salazar championed throughout the legal battle.
"I don't recollect any precedent where justice sanctioned operational adjustments like compulsory training after unjust dismissals. For me, this ruling is not merely about my case, but also sets forth protections for other journalists," she concluded. The case stands as a landmark ruling for journalists' rights, ensuring their freedoms are upheld against unwarranted dismissals and enabling them to operate without fear of reprisal.
With the ruling now established, the broader media industry may take heed, recognizing the significance of protecting journalistic integrity and freedom of expression. Paulina de Allende-Salazar's struggle resonates with many media professionals who may have faced similar threats, underscoring the enduring need for respect and validation within the journalism sector.