FREEDOM OF EXPRESSION IN CHILE

17 LAWS

13 PROJECTS

INFOGRAPHICS

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COMPATIBILITY WITH THE INTER-AMERICAN FRAMEWORK
(Tripartite analysis)

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COMPATIBILITY IN THE INTER-AMERICAN FRAMEWORK
(Tripartite analysis)

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Regional Paper

This article proposes an analysis of the situation in Chile regarding freedom of expression and circulation of discourses based on the status of the legal body existing from 1997 to 2018 and of the bills promoted from 2012 to date. updated the legal framework in relation to what are considered basic principles to guarantee freedom of expression and circulation of discourse as a human right, for example, recognizing the existence of community radio and television stations or ending censorship. But as the Special Report on Chile (2017) on this matter points out, after the last visit of the Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR), situations persist that constitute "inheritances of the dictatorship" and It has pending issues and challenges, such as the non-existence of a law on social 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 representatives of the armed forces, today prosecuted for human rights violations. The context created by the mass access and use of the internet, the social web and social media platforms as spaces for social interaction, construction of stories and speeches, public discussion and expression of opinions has also created new scenarios. Currently, it is observed that, as in other countries in the region, false digital information (misnamed fake news), “hate speech”, circulates and distributes through these digital content and information distribution platforms. contents that can be considered as denigrating people or topics, among other issues. There is a growing tension regarding the scope of regulation towards freedom of expression, circulation of speeches, and new challenges for legislation.