The facts of the case refer to the judicial censorship of the screening of the film “The Last Temptation of Christ”, on the grounds that it was offensive to the figure of Christ and therefore negatively affected Catholics. The Chilean Political Constitution establishes a system for the censorship of advertising and film.

The IA Court established two dimensions which form the basis of the right to freedom of expression. The first dimension establishes the right to utilize any means appropriate to disseminate thought and allow it to reach the greatest audience possible, and as such recognises the indivisible nature of the expression and dissemination of thought and information. The second dimension is of a social character; recognising that freedom of speech is a means for the interchange of ideas and information between people and therefore also addresses the right of all individuals to receive opinions, news and reports. Both dimensions are equally important, and should be simultaneously guaranteed in order to ensure full effectiveness of the right to freedom of thought and expression.