This article proposes an analysis of the situation in Chile regarding freedom of expression and circulation of speech based on the status of the legal framework existing from 1997 to 2018 and the bills promoted from 2012 to date. Chile has updated the legal framework in relation to what are considered basic principles to guarantee freedom of expression and circulation of speech as a human right, for example, recognizing the existence of community radio and television stations or ending censorship. However, as the Special Report on Chile (2017) points out on this matter, following the last visit of the Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR), there are still situations that constitute “legacies of the dictatorship” and there are pending issues and challenges, such as the lack of a law on the media in general, and even more, the validity of criminal sanctions for libel or slander, defined by the Penal Code of 1874, in relation to former members of the armed forces, currently prosecuted for human rights violations. The context created by the widespread access to and use of the Internet, the social web and social media platforms as spaces for social interaction, construction of stories and discourses, public discussion and expression of opinions has also created new scenarios. Today, it is observed that, as in other countries in the region, false information (misnamed fake news), “hate speech,” content that can be considered denigrating of people or topics, among other issues, also circulate and are distributed through these digital platforms for the distribution of content and information. There is growing tension regarding the scope of regulation regarding freedom of expression, circulation of speech, and new challenges for legislation.

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