Abstract

PAUL DIAZ, Álvaro. THE CRIMINALIZATION OF HATE SPEECH IN CHILE IN LIGHT OF COMPARATIVE CASE LAW. Rev. chil. derecho [online]. 2011, vol.38, n.3, pp. 573-609. ISSN 0718-3437.  doi: 10.4067/S0718-34372011000300007.

This article analyzes different positions in comparative law about the criminalization of hate speech in Chile. As well as that, it refers to the currently applicable Chilean law, to a case decision which applied it, and to the bill which is seeking to establish a new hate speech crime. The author considers also some arguments in favour and against banning hate speech, taking non-Chilean case law into especial consideration. Building on the forgoing, this article proposes some requirements which should be complied with by a hate speech law.

Keywords : Hate Speech; Freedom of Expression; Comparative Law; Human Rights; Regulation.