a. In the first paragraph, after the comma following "Freedom of speech and the press", and
before "without prior censorship", the following phrase is inserted: "to create and propagate
the arts."
b. In the last paragraph, the term "censorship" is replaced by "rating " and the words "and
publicity" are deleted.
7. The Chilean State requests that the Commission declare in its report that none of the supposed
violations of human rights recounted in the communication which has given rise to this Case
11.803 are imputable to it or its responsibility in any way; that it take into consideration the
legislative initiative presented by the Government aimed at amending the Constitution in order to
eliminate motion picture censorship, adding that it would be willing to furnish, if necessary,
additional background information.
8. The Commission reserves the indepth analysis of the petition and the State’s response for the
pertinent phase in this proceeding.
III.
UNDISPUTED FACTS
9. As recorded in the information supplied by the petitioner and corroborated or not refuted by the
State, on November 29, 1988, in response to a request by United International Pictures Ltda., the
National Motion Picture Rating Board refused to allow the film "The Last Temptation of Christ,"
based on a book of the same name, to be shown in Chile. After this decision, the company
resorted to an Administrative Court of Appeals that, on March 14, 1989, confirmed said rejection.
10. On November 11, 1996, in response to a new request by United International Pictures Ltda.,
the National Motion Picture Rating Board reclassified the movie, authorizing its showing to
audiences over 18 years of age. In the opinion of the Board, there were new historical, cultural,
and social factors of sufficient merit to revise its previous decision.
11. On November 12, 1997, based on Article 20 of the Political Constitution, seven attorneys, on
their own behalf, on behalf of the person of Christ and the Catholic Church, filed a Motion for
Protection with the Court of Appeals of Santiago against the decision of National Motion Picture
Rating Board, arguing that its decision was arbitrary and illegal because it authorized a film to be
shown that attacked the right to honor established in Article 19.4 of the Constitution for the
person of Christ, living Christians, the Catholic Church, the appellants themselves, and the right to
freedom of conscience guaranteed in Article 19.6 of the same Chilean Constitution.
12. The Council for Defense of the State, in defense of the National Motion Picture Rating Board,
pointed out that administrative entities have the power to revise or revoke their decisions, in
accordance with reasonable and opportune criteria, especially when such decisions are negative
and that that cancelled by the Court of Appeals did not constitute
res judicata inasmuch as it was
not a jurisdictional ruling.
13. On January 20, 1997, the lower court decision accepted the appeal filed and rescinded the
decision taken by the Rating Board on November 11, 1996, thereby "rendering the November 29,
1988 ruling, confirmed by the verdict of the appeals court, definitive." That finding was appealed
before the Supreme Court, which, in its judgment of June 17, 1997, confirmed the sentence with
a few modifications, thus definitively prohibiting showing of the film "The Last Temptation of
Christ."
IV.
COMPETENCE OF THE COMMISSION TO EXAMINE THE PETITION
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