Table Of ContentsNext Page



LIMITS OF TOLERANCE:

Order online

Freedom of Expression and the Public Debate in Chile

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

CONTENTS

ACKNOWLEDGMENTS

INTRODUCTION

  • Freedom of Expression and Transition to Democracy
  • Freedom of Expression and Its Link
  • The Human Rights Normative System
  • Juridical Values Involved in Freedom of Expression and Related Rights
  • Limitations on Human Rights
  • Obligations Imposed on States by International Human Rights Norms.
  • Freedom of Expression: Content and Restrictions
  • Importance of the right to freedom of expression
  • Content of the right to freedom of expression
  • Political Debate and Other Forms of Expression or Freedom of the Press
  • Pluralism in the Communications Media
  • Does the Right to Obtain Official Information Exist?
  • Restrictions on Freedom of Expression
  • “The rights of others”
  • Public order and the laws on contempt for authorities
  • National security
  • Hate speech
  • Public morals and the concept of blasphemy
  • I. SUMMARY AND RECOMMENDATIONS
  • Laws Punishing Contempt For Authority
  • Prior Censorship
  • Freedom to Inform and the Right to be Informed
  • Self-censorship
  • Government Reform Initiatives
  • Recommendations
  • II. FREEDOM OF EXPRESSION AND THE PRESS:
  • Introduction
  • Public Debate and the Print Media Prior to 1970
  • Freedom of expression and public order
  • Trench Warfare: The Press Under the Popular Unity Government
  • Freedom of Expression Under the Military (1973-1990)
  • Attacks on the opposition press
  • The Negotiated Transition
  • The Press in the Transition to Democracy
  • III. FREEDOM OF EXPRESSION IN CHILEAN LEGISLATION
  • The Weakness of Constitutional Protection of Freedom of Expression
  • Basic protections
  • Defamation and the right to honor and privacy
  • Contempt of Authority Laws
  • Offenses to the armed forces
  • Press Regulation and Access to Information
  • Information denied
  • Reporting bans
  • Steps towards a new regime on press freedom and access to information
  • IV. RESTRICTIONS ON FREEDOM OF INFORMATION AND PUBLIC DEBATE (1990-1998)
  • Introduction: The Public Debate
  • Government Policy on Freedom of Expression
  • Silencing Critics: Military Justice and Sedition Charges
  • Espionage or whistle-blowing?
  • Corruption in the military hospital
  • Retaliation against human rights lawyer Héctor Salazar
  • Dissent in the uniformed police
  • Contempt for Authority: Prosecutions Under the Law of State Security
  • The honor of Congress: the Cuadra case
  • The price of irreverence: the Cosas case
  • A Question of Honor: Prior Censorship By the Judiciary
  • The banning of Diplomatic Impunity
  • An exception: the case of the poisoned cakes
  • Censorship as a precautionary measure
  • National Security in the Palamara case
  • Autonomy and Political Influence in the State-Owned Media
  • Pressures on La Nación
  • Limits to pluralism on TVN
  • The Townley interview
  • Editorial policy during the Frei government
  • V. FILM CENSORSHIP
  • History and Legal Norms
  • The CCC: An Undemocratic Body in Democracy
  • The Last Temptation of Christ
  • Proposals for Reform
  • VI. THE REGULATION OF TELEVISION
  • Chilean Television: From Dictatorship to Democracy
  • The CNTV in Democracy: New Values and Old
  • The Conflictive Issue of Cable Regulation
  • Legitimacy of the CNTV’s Role
  • Crossing the line: Plan Z
  • Regulation of violence and pornography
  • The protection of minors
  • “Holier than the Pope?” Self-censorship in cable
  • APPENDIX: RELEVANT INTERNATIONAL NORMS AND RULINGS ON FREEDOM OF EXPRESSION
  • International Covenant on Civil and Political Rights,
  • American Convention on Human Rights (Pact of San José)
  • Article 29: Inter-American Court of Human Rights
  • Advisory Opinion OC-5/85 of November 13, 1985: Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Articles 13 and 29 of the American Convention on Human Rights):
  • Interamerican Commission of Human Rights