Chile: Bill on Incitement To Violence Labeled Unconstitutional

Chile's Constitutional Court on Thursday declared unconstitutional a bill that sought to penalize those who make speeches aimed at denying, minimizing, or concealing crimes against humanity committed by Augusto Pinochet's dictatorship (1973-1990).

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One of the rules of the bill sought to penalize with up to 3 years in prison those who justify, approve, or deny human rights violations during Pinochet's regime.

Faced with this possibility, the right-wing coalition Chile Vamos previously argued that the bill was not voted with a qualified quorum and did not typify what is understood by hate speech.

The coalition also noted that the proposal allegedly violates the fundamental guarantee of freedom of expression.

Meanwhile, Communist Party representatives rejected the Court's decision, pointing out that the freedom of expression has its own limits because otherwise there would be no slander or libel offenses, and one of those limits is "precisely the dignity and honor of individuals."

A final sentence on the bill will have to be announced by The Lower House no later than November 19. The bill to criminalize incitement to violence was presented in 2017 and approved for discussion at the Lower Chamber in September 2020. 

During the dictatorship, some 3,200 people died at the hands of state agents, of whom 1,192 are still listed as missing detainees, while another 40,000 were imprisoned and tortured.