Saturday, November 1, 2008

Chile upholds lawsuit won by ex-Miss Universe
Court orders journalist to pay $46,000 for affair he alleged

Chilean television entertainer Cecilia Bolocco, Miss Universe 1987 and ex-wife of former Argentine president Carlos Menem, has repeatedly denied the affair that is the subject of the lawsuit.

SANTIAGO, Chile - Chile's Supreme Court on Wednesday upheld the slander conviction of a journalist who alleged that a former Miss Universe was having an affair with novelist Paulo Coelho while engaged to Argentina's president.
The court ordered Chilean journalist Victor Gutierrez to pay $46,000 to Cecilia Bolocco for the allegations, which he made during a 2001 television appearance.
Bolocco has repeatedly denied the allegation that she had an affair with the Brazilian author while engaged to Argentine President Carlos Menem.

Menem and Bolocco married in 2001. They are now separated and in the process of getting a divorce. Menem served as president of Argentina from 1989 to 1999.
In his appeal of a lower court ruling, Gutierrez wrote that "there was no intention to offend, and if there was an offense, it would be minor, not serious."
Gutierrez said he would be hard-pressed to pay the fine.
"I'm only a journalist who does not earn millions with his coverage," he wrote in his appeal. "We're dealing with a humble person, whose income goes directly to help his widowed mother and several disadvantaged nieces and nephews."
Gutierrez added that for Bolocco, $46,000 was probably "nothing."
Bolocco did not comment on the ruling Wednesday. It was not possible to contact Coelho for comment.
Gutierrez also lost a 1998 lawsuit filed by singer Michael Jackson after the journalist accused him of child molestation.
Local news media at the time reported that Gutierrez was ordered to pay Jackson $2.7 million. It is unclear if Gutierrez ever paid any of it. He reportedly was outside of the country Wednesday and could not be reached for comment.

http://www.msnbc.msn.com/id/27462695/

Thought this article was interesting since we had talked in class on Monday about whether damages awarded in other countries should be upheld in the US. The defendant doesn't live in the US but this case takes a look at slander law outside the US. The article doesn't say the reason that the two are getting a divorce but one might wonder if there are any truth to the journalist's allegations or if the rumors led to bad feelings in the marriage. Regardless, the rumors came out in 2001 and the couple married in 2001 so obviously Menem didn't take them to seriously. Also, this journalist has been sued by celebrities in the past so one might wonder when he's going to learn to keep his mouth shut.

1 comment:

danigv-DanAdalberti said...

I don't know if Bolocco has that much money. But, with all the money that Menem reportedly stole while being the president of Argentina, I am sure he could lend them both many times the amount they are fighting for...it would be small change for him.