THE CRIMINALIZATION OF HATE SPEECH IN CHILE IN LIGHT OF COMPARATIVE CASE LAW

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.