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Fachada clásica de piedra con columnas de un palacio de justicia en Bogotá iluminada por la luz del atardecer
Fachada de un palacio de justicia en Bogotá al atardecer, imagen alusiva al fallo sobre la serie Palacio. · Imagen generada para EPM

Court rejects Plazas Vega claim against Palacio series

The 35th Civil Court of Bogotá denied, at first instance, the tutela filed by Plazas Vega and his sons against the producer of the series Palacio.

--- The context --- The series Palacio, produced by Dynamo Producciones S.A.S. and scheduled to premiere on November 6 on Netflix, dramatizes events that took place on November 6 and 7, 1985, at the Palace of Justice. Before it reached the screen, retired colonel Luis Alfonso Plazas Vega and his sons filed a tutela action against the production company. --- The facts --- The 35th Civil Court of Bogotá denied, in a first-instance ruling, the claims raised in the tutela filed by Plazas Vega and his sons. The petitioners asked that the introductions of the episodes and the trailer be modified to tell the audience that the retired colonel had been acquitted by the Supreme Court of Justice. According to the tutela, the production uses the full name of the officer, his distinctive traits and the facts to present him as responsible for the disappearance of civilians who left the Palace of Justice facilities alive. In the account given by the petitioners, that attribution was the central reason for the claim. --- The positions --- The petitioners built their request around the acquittal issued by the Supreme Court of Justice and around making that circumstance visible to the audience in the introductions and the trailer. The defense of the colonel announced that it will appeal the ruling, so the decision is not yet the final word. The court considered that ordering the inclusion of notices in the visual pieces shown would steer the understanding of the production and amount to a form of censorship, contrary to the freedom of expression enjoyed by works of an artistic character. The ruling added that, at this moment, no certain and current violation of the fundamental rights whose protection was sought has been established. --- What remains unknown --- At the same time, the ruling warned that this freedom is not an authorization to attribute to Plazas Vega the commission of punishable conduct in his capacity as commander of the Cavalry School, a unit that was present at the events of November 6 and 7, 1985. The court stated that, from what has been disseminated so far, there is no certainty regarding that imputation, and it left the door open to a possible review of the content once the series has premiered. --- Unanswered questions --- What will the court hearing the announced appeal decide? Will the content of the series be reviewed after its premiere on November 6? How will the balance be struck between the freedom of expression of artistic works and the rights the petitioners seek to protect? --- EPM analysis --- The ruling draws a demanding line in both directions. On one side, it refuses to intervene before the premiere over circumstances it considers future and uncertain, and it shields the artistic work from notices imposed by a judge. On the other, it records that creative freedom does not enable punishable imputations without certainty and reserves a later review, when the complete content can be examined as actually disseminated. 📌 EPM Take: In EPM's view, the decision protects a principle that admits no prior trimming, the freedom of expression of an artistic work in the face of advance censorship, and it does so without closing the door to the rights of the person affected. The court endorsed no imputation against the retired officer and warned that there is no certainty about it in what has been disseminated. The appeal and the possible review after the premiere keep later oversight alive, where this debate should be settled with the complete content on the table.
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