List of Relevant Laws Impacting Free Speech (Chile) (2015-2022)
Chile. Law No. 21.459, Establishes rules on cybercrimes, repeals law No. 19.223 and modifies other legal bodies in order to adapt them to the Budapest Convention. This law, enacted on June 9, 2022, updates Chilean legislation on cybercrimes, aligning it with the requirements of the Budapest Convention, of which Chile is a party. The law criminalizes the following acts as cybercrimes: attacks against the integrity of a computer system, unauthorized accesses, unlawful interceptions, attacks against the integrity of computer data, computer forgery, receipts of computer data, computer fraud, and misuse of devices. Penalties for these offenses, according to their severity, can be either imprisonment or fines.
Chile. Law No. 21.494, Criminally sanctions those who enter prohibited elements into penitentiary establishments. The present law, promulgated by the Chilean National Congress on November 4, 2022, aims to criminally sanction those who bring prohibited items into penitentiary facilities that allow inmates to communicate with the outside world. The law has a single article that makes two modifications to Chile’s Criminal Code. First, it modifies the heading of Paragraph XII of Title Six of Book Two. Initially, this heading only said “On the Escape of Detainees.” The law modifies it to read as follows: “On the Escape of Detainees and the Entry of Prohibited Items into Penitentiary Facilities.”
Chile. Law No. 21.214. Modifies law No. 19.628 on the protection of privacy, in order to prohibit reporting on debts incurred to finance education at any level.It establishes the prohibition of disclosing information related to debts incurred to finance education at any level, as well as health services and actions, in order to prevent them from being included in the registry of delinquent or unpaid commercial debt systems. Law 21.214 was promulgated on February 24, 2020. Law 21.504, on the other hand, was promulgated on November 4, 2022. The latter establishes a prohibition of reporting debts incurred to finance health services and actions in law nº 19.628. These two laws have the purpose of establishing the prohibition of disclosing information related to debts incurred to finance education at any level, as well as health services and actions, in order to prevent them from being included in the registry of delinquent or unpaid commercial debt systems. Law 21.214 was promulgated on February 24, 2020. Law 21.504, on the other hand, was promulgated on November 4, 2022.
Chile. Draft Law to Regulate digital platforms. This bill was presented on September 1st, 2021, before the Chilean Senate. According to its first article, its purpose is to regulate the situation of digital service platforms in Chile, as well as their users’. The bill is divided into three titles. The first title establishes the general provisions of the project, which includes the objective, the scope of application, the guiding principles for the interpretation of its normative content, and relevant definitions. The second title contains a series of rights and obligations aimed at the agents of digital platforms, the provider of the platform, users, and consumers. The third title establishes specific rules for contracting in the digital space.
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