4
document No. 20271 of the Senate.
reforms related to prior censorship.
These documents contain the legislative
18.
The Order of the Court of November 28, 2002, in which, among other
matters, it decided:
That the State ha[d] the obligation to take all necessary measures to give effect to and
comply promptly with the judgment of February 5, 2001, delivered by the InterAmerican Court of Human Rights in “The Last Temptation of Christ” case, pursuant to the
provisions of Article 68(1) of the American Convention on Human Rights.
[…]
19.
The fifth report of the State of March 19, 2003, in which it declared that “on
July 10, 2001, the National Congress adopted the draft constitutional reform
designed to establish the right to freedom of artistic creation and the elimination of
cinematographic censorship, substituting this by a classification system which
w[ould] be regulated by law”; this draft was promulgated and incorporated into the
Constitution [Carta Fundamental] on August 25, 2001, by publication of Act No.
19,742 in the Official Gazette of Chile. Chile also advised that Act No. 19,846 (the
Classification of Cinematographic Production Act) was published and entered into
force on January 4, 2003; its first article established a system to classify
cinematographic productions by age groups, designed to guide the adult population
with regard to the contents of cinematographic productions and to protect children
and adolescents, pursuant to the contents of various international treaties concluded
by the State.
20.
The additional report of the State of April 7, 2003, in which it indicated that
on January 9, 2003, the film “The Last Temptation of Christ” had been reclassified by
the new Classification Council and was included in the category “over 18 years of
age.” The company responsible for distributing the film “The Last Temptation of
Christ” in Chile, United International Pictures, had organized the avant premier on
March 11, 2003, in the Cine Arte Alameda in Santiago, where it has been exhibited
“since then for all those over 18 years of age.”
21.
The brief of Juan Pablo Olmedo Bustos of May 12, 2003, and its attachments,
in which he indicated that even though the State had amended the Constitution and
published Act No. 19,846 on Classification of Cinematographic Production, which was
decisive for exhibition of the film “The Last Temptation of Christ,” “it ha[d] still not
fully complied [...] [with] amending the law so as to eliminate prior censorship in
Chile.” He stated that, according to transitory article 3 of Act No. 19,846, the Act’s
provisions would be complemented by regulations that “[would be] issued within 90
days of its publication in the Official Gazette,” and, although this period had elapsed,
the State had not issued the regulations. He added that the regulations were
particularly important, because they regulated and determined the content of the
legislation and had to be in harmony with the principles regulating the American
Convention on Human Rights.
22.
The brief of May 22, 2003, and its attachments, in which the Commission
submitted its comments on the State’s additional report of April 7, 2003. In this
respect, it indicated that “[i]n view of the report presented by Chile, the press
communiqués announcing exhibition of the film “The Last Temptation of Christ,” and
the report presented by the victims in this case, “the State had complied
substantially with the fourth operative paragraph of the judgment.”
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