25 c. The Government does not share the jurisprudence of the Supreme Court of Chile that gives preference to the right to honor over freedom of expression; d. The draft constitutional reform has already been approved by the Chamber of Deputies. This project embodies the freedom to create and disseminate the arts without prior censorship as a constitution guarantee; without detriment to the need to respond for any crimes and abuses that are committed in the exercise of that freedom; it replaces censorship of the exhibition of cinematographic production with a system of classification of this production; and it eliminates censorship of film publicity. This reform will provide sufficient legal certainty and give the judicial authorities the legal instruments to decide any ensuing conflicts in accordance with domestic and international legislation; e. An act of the Judiciary that is contrary to international law may engage the State’s international responsibility, provided that the State as a whole assumes the criteria issued by the Judiciary. In particular, the acquiescence of the organ responsible for international relations, which is the Executive Power, is required, and this has not occurred in the instant case; f. Chile has not invoked domestic law to disengage itself from an obligation arising from an international treaty; and g. It requested the Court to declare that Chile is in the process of adopting the necessary measures to eliminate cinematographic censorship in accordance with Article 2 of the Convention and its own constitutional procedures, and thereby allow the exhibition of the film “The Last Temptation of Christ”. * * * Considerations of the Court 63. Article 13 of the American Convention establishes that: 1. Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one’s choice. 2. The exercise of the right provided for in the foregoing paragraph shall not be subject to prior censorship but shall be subject to subsequent imposition of liability, which shall be expressly established by law to the extent necessary to ensure: a. b. Respect for the rights or reputation of others; The protection of national security, public order, or public health or morals. 3. The right of expression may not be restricted by indirect methods or means, such as the abuse of government or private controls over newsprint, radio broadcasting frequencies, or equipment used in the dissemination of information, or nay any other means tending to impede the communication and circulation of ideas and opinions.

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