Challenges for freedom of expression on the internet in social crisis contexts: The case of Chile (2019–2022)

Abstract

This article describes the status of freedom of expression in Chile in the crisis context that began with the October 2019 social outburst based on an analysis of primary and secondary data that includes complaints from platform users, legislative work and court of justice sentences. The main detected issues include situations of algorithmic censorship, bills that contribute more problems than regulatory solutions and courts of justice that operate as online content moderators in defamation and slander cases. We conclude by identifying problems of different scopes and levels, but which equally refer to a dissociation between the freedom of expression violations suffered by platforms users in this context of unrest and matters of concern regarding freedom of expression on the internet, both in parliamentary initiatives and court of justice sentences, in which internet content moderation is addressed based on pre-digital legal criteria.