LIMITS OF TOLERANCE:
Human Rights Watch
New York · Washington · London · Brussels
Copyright © November 1998 by Human Rights Watch.
All rights reserved.
Printed in the United States of America.
ISBN: 1-56432-192-4
Library of Congress Catalog Card Number: 98-88733
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Human Rights Watch is dedicated to
protecting the human rights of people around the world.
We stand with victims and activists to prevent
discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice.
We investigate and expose
human rights violations and hold abusers accountable.
We challenge governments and those holding power to end abusive practices
and respect international human rights law.
We enlist the public and the international community
to support the cause of human rights for all.
HUMAN RIGHTS WATCH
Human Rights Watch conducts regular, systematic investigations of human rights abuses in some seventy countries around the world. Our reputation for timely, reliable disclosures has made us an essential source of information for those concerned with human rights. We address the human rights practices of governments of all political stripes, of all geopolitical alignments, and of all ethnic and religious persuasions. Human Rights Watch defends freedom of thought and expression, due process and equal protection of the law, and a vigorous civil society; we document and denounce murders, disappearances, torture, arbitrary imprisonment, discrimination, and other abuses of internationally recognized human rights. Our goal is to hold governments accountable if they transgress the rights of their people.
Human Rights Watch began in 1978 with the founding of its Europe and Central Asia division (then known as Helsinki Watch). Today, it also includes divisions covering Africa, the Americas, Asia, and the Middle East. In addition, it includes three thematic divisions on arms, children’s rights, and women’s rights. It maintains offices in New York, Washington, Los Angeles, London, Brussels, Moscow, Dushanbe, Rio de Janeiro, and Hong Kong. Human Rights Watch is an independent, nongovernmental organization, supported by contributions from private individuals and foundations worldwide. It accepts no government funds, directly or indirectly.
The staff includes Kenneth Roth, executive director; Michele Alexander, development director; Reed Brody, advocacy director; Carroll Bogert, communications director; Cynthia Brown, program director; Barbara Guglielmo, finance and administration director; Jeri Laber special advisor; Lotte Leicht, Brussels office director; Patrick Minges, publications director; Susan Osnos, associate director; Jemera Rone, counsel; Wilder Tayler, general counsel; and Joanna Weschler, United Nations representative. Jonathan Fanton is the chair of the board. Robert L. Bernstein is the founding chair.
The regional directors of Human Rights Watch are Peter Takirambudde, Africa; José Miguel Vivanco, Americas; Sidney Jones, Asia; Holly Cartner, Europe and Central Asia; and Hanny Megally, Middle East and North Africa. The thematic division directors are Joost R. Hiltermann, arms; Lois Whitman, children’s; and Dorothy Q. Thomas, women’s.
The members of the board of directors are Jonathan Fanton, chair; Lisa Anderson, Robert L. Bernstein, William Carmichael, Dorothy Cullman, Gina Despres, Irene Diamond, Adrian W. DeWind, Fiona Druckenmiller, Edith Everett, James C. Goodale, Jack Greenberg, Vartan Gregorian, Alice H. Henkin, Stephen L. Kass, Marina Pinto Kaufman, Bruce Klatsky, Alexander MacGregor, Josh Mailman, Samuel K. Murumba, Andrew Nathan, Jane Olson, Peter Osnos, Kathleen Peratis, Bruce Rabb, Sigrid Rausing, Anita Roddick, Orville Schell, Sid Sheinberg, Gary G. Sick, Malcolm Smith, Domna Stanton, Maureen White, and Maya Wiley. Robert L. Bernstein is the founding chair of Human Rights Watch.
CONTENTS
ACKNOWLEDGMENTS vii
INTRODUCTION ix
I. SUMMARY AND RECOMMENDATIONS 1
Laws Punishing Contempt For Authority 3
Prior Censorship 6 Freedom to Inform and the Right to be Informed 8
Self-censorship 9
Government Reform Initiatives 11
Recommendations 13
II. FREEDOM OF EXPRESSION AND THE PRESS: A HISTORICAL BRIEFING 16
Introduction 16
Public Debate and the Print Media Prior to 1970 19
Freedom of expression and public order 22
Trench Warfare: The Press Under the Popular Unity Government (1970-1973) 24
Freedom of Expression Under the Military (1973-1990) 28
Attacks on the opposition press 32
The Negotiated Transition 33
The Press in the Transition to Democracy 37
III. FREEDOM OF EXPRESSION IN CHILEAN LEGISLATION 40
The Weakness of Constitutional Protection
of Freedom of Expression 41
Basic protections 42
Defamation and the right to honor and privacy 45
Contempt of Authority Laws 48
Offenses to the armed forces 53
Press Regulation and Access to Information 57
Information denied 61
Reporting bans 64
Steps towards a new regime on press freedom and access to information 69
IV. RESTRICTIONS ON FREEDOM OF INFORMATION AND PUBLIC DEBATE (1990-1998) 73
Introduction: The Public Debate 73
Government Policy on Freedom of Expression 77
Silencing Critics: Military Justice and Sedition Charges 78
Espionage or whistle-blowing? 81
Corruption in the military hospital 83
Retaliation against human rights lawyer Héctor Salazar 85
Dissent in the uniformed police 86
Contempt for Authority:
Prosecutions Under the Law of State Security 88
The honor of Congress: the Cuadra case 93
The price of irreverence: the Cosas case 98
A Question of Honor: Prior Censorship By the Judiciary 101
The banning of Diplomatic Impunity 102
An exception: the case of the poisoned cakes 107
Censorship as a precautionary measure 109
National Security in the Palamara case 111
Autonomy and Political Influence in the State-Owned Media 113
Pressures on La Nación 116
Limits to pluralism on TVN 120
The Townley interview 123
Editorial policy during the Frei government 125
V. FILM CENSORSHIP 130
History and Legal Norms 130
The CCC: An Undemocratic Body in Democracy 136
The Last Temptation of Christ 137
Proposals for Reform 142
VI. THE REGULATION OF TELEVISION 145
Chilean Television: From Dictatorship to Democracy 145
The CNTV in Democracy: New Values and Old 149
The Conflictive Issue of Cable Regulation 152
Legitimacy of the CNTV’s Role 152
Crossing the line: Plan Z 155
Regulation of violence and pornography 160
The protection of minors 161
“Holier than the Pope?” Self-censorship in cable 162
Sebastian Brett, Human Rights Watch research associate, wrote this report. It was edited by José Miguel Vivanco, executive director of the Americas Division of Human Rights Watch, Anne Manuel, deputy director of the Americas Division, Cynthia Brown, Human Rights Watch program director and Wilder Tayler, general counsel of Human Rights Watch. Jessica Galería, associate of Human Rights Watch Americas Division, helped produce it. Maria Teresa Escobar and Juan Luis Guillén translated it into Spanish, and Jose Miguel Vivanco edited the translation. Jill Hedges translated the foreword into English.
José Zalaquett, professor of ethics of government at the University of Chile advised on the project and commented on drafts of the report, as well as contributing the foreword. Felipe González, director of the Research Department of Diego Portales University Law Faculty reviewed and commented on the legal sections. We drew on the expertise of his department throughout. The university’s School of Journalism kindly provided access to their excellent library resources. We would also like to thank Diego Portales University law student Alejandra Zúniga for research assistance.
Human Rights Watch is extremely grateful to the Ford Foundation for providing funding to support the research and publication costs of this report. In particular we would like to thank Alexander Wilde and Augusto Varas of the Ford Foundation’s Santiago office for their constant guidance and support.
We thank all the people, including journalists, lawyers, and officials who gave their time to be interviewed for the report, and for the words of encouragement expressed by many.
This report is dedicated to all those Chileans who have suffered the consequences of expressing themselves, and to the handful of judges who defended their right to do so.