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Supreme Court Lets Stand Ruling Finding Univisión Liable for Defamation Against Analyst Luis Dávila Colón

The Puerto Rico Supreme Court has declined to review a lower-court decision that found Univisión liable for breach of contract and libel against political analyst Luis Dávila Colón, leaving the judgment final and enforceable after nearly seven years of litigation. Dávila Colón, who received a tribute Monday in the Puerto Rico Senate, confirmed the development […]

Media & Entertainment·By Caribbean Business Staff··3 min read
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The Puerto Rico Supreme Court has declined to review a lower-court decision that found Univisión liable for breach of contract and libel against political analyst Luis Dávila Colón, leaving the judgment final and enforceable after nearly seven years of litigation.

Dávila Colón, who received a tribute Monday in the Puerto Rico Senate, confirmed the development through a written statement.

With the Supreme Court’s refusal to take up the case—and its subsequent denial of reconsideration—the findings of the Bayamón Trial Court, later upheld by the Court of Appeals, remain intact. Those courts concluded that Univisión unjustifiably terminated Dávila Colón’s contract as host of the radio program El Azote in June 2020 and violated its contractual obligations. The ruling orders the company to pay $187,500 plus interest for the remaining term of the contract.

The controversy stems from a June 15, 2020 broadcast in which Dávila Colón discussed public accusations of racism directed at the television program La Comay and the broader use of allegations of racism, sexism, and homophobia in political debate. Three days later, Univisión canceled his contract and issued a public statement describing his comments as an “offensive and despicable insult” and a “vile attitude.”

According to the court’s findings, those characterizations were false. The trial court found that Dávila Colón did not use the disputed expression to insult or demean anyone and that the broadcast’s context was essential to understanding its meaning. The court also found that the conduct Univisión attributed to him was not supported by the recording of the segment.

The decision further states that Univisión issued its public statements without listening to the full broadcast or properly evaluating the context. The court concluded that executives acted with “reckless disregard for the truth” and that the publication demonstrated “actual malice” by attributing intent and behavior not reflected in the audio. The statements constituted libel per se, given their potential to expose Dávila Colón to public hatred or contempt.

The record also notes that the station had not received complaints about the broadcast, that no members of the Afro‑descendant community filed grievances related to the content, and that several executives involved in the termination did not review the contract before recommending dismissal. The case file references public criticism from former governor Aníbal Acevedo Vilá and journalist Julio Ricardo Varela of Latino Rebels.

Although liability for breach of contract and libel has now been definitively resolved, the litigation will continue to determine the amount of damages that Dávila Colón may recover for alleged harm to his reputation, emotional suffering, and other losses arising from the defamatory statements.

In his statement, Dávila Colón emphasized that “three levels of the judicial system have evaluated this case and reached the same conclusion,” adding that the next step is to finalize the damages phase.

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