LIMITS OF TOLERANCE:
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
CONTENTS
I. SUMMARY AND RECOMMENDATIONSFreedom 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
II. FREEDOM OF EXPRESSION AND THE PRESS:Laws Punishing Contempt For Authority Prior Censorship Freedom to Inform and the Right to be Informed Self-censorship Government Reform Initiatives Recommendations
III. FREEDOM OF EXPRESSION IN CHILEAN LEGISLATIONIntroduction 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
IV. RESTRICTIONS ON FREEDOM OF INFORMATION AND PUBLIC DEBATE (1990-1998)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
V. FILM CENSORSHIPIntroduction: 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
VI. THE REGULATION OF TELEVISIONHistory and Legal Norms The CCC: An Undemocratic Body in Democracy The Last Temptation of Christ Proposals for Reform
APPENDIX: RELEVANT INTERNATIONAL NORMS AND RULINGS ON FREEDOM OF EXPRESSIONChilean 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
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