The draft reform of the Constitutional Law against Hate, for Peaceful Coexistence and Tolerance proposes modifying both the name and the sanctions of this regulation, approved in 2017. However, the National Union of Press Workers (SNTP) warns that the proposal maintains provisions that may limit freedom of expression and the work of the media.
The text under discussion proposes replacing the current name with the Law for Democratic Coexistence, Peace and Tolerance, in addition to eliminating the prison sentences contemplated by current legislation. The initiative also eliminates sanctions such as the revocation of concessions and blocking of portalsbut retains administrative mechanisms that according to the SNTP can be used to control the content disseminated through digital media and platforms.
Through a statement in Failure to comply with these provisions could open administrative procedures.
SNTP warns that ambiguous concepts and sanctions maintain risks for freedom of expression
The organization also questioned the wording of five offenses contemplated in the project, as it includes expressions such as “anguish or anxiety”, “analogous reasons” and messages that threaten coexistence. In the opinion of the union, these concepts leave a margin of interpretation that could facilitate arbitrary decisions.
Another point highlighted is the limited scope of protection for journalism and political opinion. According to the SNTP, this guarantee is limited to the offense related to hate speech and does not exclude the application of the other infractions provided for in the proposal.
Although the project eliminates custodial sentences, it establishes fines of between 500 and 10,000 times the official exchange rate of the highest value currency, in addition to between 200 and 600 hours of community work. The Ministry of Justice would have the power to impose sanctions, while the judicial review would take place later.
The union considers that the modification does not resolve the risks posed by the regulations for the exercise of freedom of expression. For this reason, it reiterates the demand to repeal the law, close the judicial cases opened under its application and put an end to the precautionary measures imposed arbitrarily.
The Constitutional Law against Hate, for Peaceful Coexistence and Tolerance was approved in November 2017 by the National Constituent Assembly, in the midst of the political crisis and anti-government protests of that year. Its stated purpose was to promote peaceful coexistence and tolerance, as well as to prevent and punish the promotion or incitement of hatred, discrimination and violence. However, human rights and press organizations have denounced that the legislation has been used to persecute critical expressions and restrict political dissent.
