Issue:
Whether the censorship of the communication campaign "Don’t eat any more lies” ("No Comas Más Mentiras") by the tv channels Caracol Televisión S.A. and RCN Televisión S.A. was in violation of the fundamental rights to freedom of expression, information, and equality, as well as children's right to receive adequate information to take decisions to protect their right to a balanced diet, health, and life.
Summary:
Red Papaz campaing and administrative instance
In 2017, civil society organization Red Papaz launched a public campaign called “Don’t eat any more lies” (“No Comas Más Mentiras”) to support the legislative efforts taking place and to inform consumers about the risks of frequently eating ultraprocessed foods. In April 2018, Red Papaz requested that their video message be transmitted by the tv channels Caracol Televisión S.A. and RCN Televisión S.A. The request was denied, first on technical grounds, and then because its content was deemed too controversial.
Just after the denial, in May 2018, Red Papaz filed a lawsuit [acción de tutela] in administrative courts. They claimed for violation of the fundamental rights to freedom of expression, information, and equality, as well as children’s right to receive adequate information to take decisions to protect their right to a balanced diet, health, and life. The administrative court decided the case in favor of Red PaPaz.
Constitutional debate
However, the case went to the Constitutional Court [Corte Constitucional]. By this judgement, in 2019, the Constitutional Court ratified the decision of the administrative instance in favor of Red Papaz. In this sense, the decision considered that even though the campaign could influence consumption decisions, it is an informative message, and it cannot be considered advertising. In addition, the Court understood that the campaign intended to warn about the adverse effects of regular consumption of ultraprocessed products high in fats, sugar or sodium. Finally, the Court emphasized that in a conflict between commercial rights and rights of vulnerable groups such as children; TV stations, as part of a public system, should prioritize children’s rights.