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Criminal Defamation Complaints in Chile

In Chile, defaming someone can be a criminal offense, and the person harmed usually has to bring the case alone. Time limits are short.

What this involves

Chilean law does not treat defamation only as a civil matter. The Código Penal defines two crimes against honor. Calumnia is the false imputation of a specific crime that can be prosecuted by the state. Injuria is any expression or action meant to dishonor, discredit or show contempt for another person. Insults, accusations posted on social media, public statements, reviews and messages circulated in a group chat have all led to complaints.

These offenses are usually pursued by private criminal action. That means the Fiscalía does not investigate: the person harmed files a querella before the Juzgado de Garantía and runs the case through a lawyer. For an English-speaking reader this is the main difference from the United States: the injured person is effectively the prosecutor, and the person accused faces a real criminal process with possible fines and, in more serious cases, prison.

What we handle

Filing a querella for injurias or calumnias

Drafting the complaint, identifying the statements and speakers, and presenting evidence of the harm to your reputation.

Defense of the accused

Arguing that the statement was true, was not made with the intent to dishonor, or is protected expression on a matter of public interest.

Online and social media cases

Preserving posts, screenshots and metadata, and dealing with anonymous accounts or foreign platforms.

Conciliation and settlement

The procedure includes a conciliation hearing. We negotiate retractions, apologies or agreements that end the case.

Related civil damages

Where reputational or moral harm justifies it, a claim for compensation alongside or after the criminal case.

A short deadline: do not wait

The Código Penal sets a short limitation period for these offenses, counted from the moment the offended person knew or could have known of the statement. The period is one year, a short window by international standards, and it is a common reason why a justified complaint is rejected. If you live abroad and found out about a post or a statement weeks ago, send us the material now and we will confirm the deadline against the actual dates.

What the accused should know

Being accused of defamation in Chile is not only a reputational problem. It is a criminal case, and the court will hold a hearing. Truth can be a defense in some situations, for example when a statement concerns a crime that is later shown to have occurred, and expression about public matters receives stronger protection. A statement made carelessly in anger or as a joke, on the other hand, may still be treated as injuria. We assess the exact words, the audience and the context before recommending a strategy, and we explore early agreements, because a retraction or apology can resolve many of these cases. Press and media cases are also subject to the press-freedom law, Ley 19.733, which we review where it applies.

How we run this when you are abroad

01

Preserve the evidence

Send us links, screenshots and the dates you discovered them. We advise how to preserve them in a form the court will accept.

02

Power of attorney

Signed at a Chilean consulate or apostilled where you live. We then file and attend the conciliation hearing for you.

03

Negotiate or litigate

We pursue a retraction or settlement first where that serves you, and take the case to trial where it does not.

Criminal Defamation Complaints — common questions

What foreign residents, businesses and accused people ask us.

Is defamation really a crime in Chile?
Yes. Calumnia and injuria are criminal offenses in the Código Penal. Civil compensation is also possible, but the criminal route is common and has its own procedure and deadlines.
Who brings the case, the prosecutor or me?
In most cases the person harmed does, through a private criminal complaint (querella) before the Juzgado de Garantía. The prosecutor's office does not investigate for you, so the quality of your evidence and your lawyer matters.
Does it matter that the statement is true?
It can. Truth is a defense in some situations, but not in all, and it must be proven in court. Calumnia, for instance, is about a false imputation of a crime. We review the facts before advising either side.
I was insulted on Instagram or WhatsApp. Is that enough?
It can be, depending on the words and the audience. The more public and specific the statement, the stronger the case. Keep full screenshots with dates and do not delete anything.
How long do I have to file?
The Código Penal sets a limitation period of one year, counted from when you knew or could have known of the statement. Send us the details now so we can check the exact date.

Talk to a Chilean lawyer about a defamation case

Get an initial assessment in English — confidential, with no obligation.

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