Chile: Freedom of expression at risk as Senate debates controversial ‘Gag Law 2.0
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"Freedom of expression is not just a right of the press—it is the right of society to know, to question, and to hold the powerful to account. When the law is used to silence journalists and authors investigating issues of public interest, our fundamental rights are jeopardised.” Burhan Sonmez, President of PEN International.
"Words shed light on the actions of individuals and those in power, and empower those who, through them, exercise their right to freedom of expression, democratise information, and access knowledge. We must not suppress words through fear or punishment." Cristina Wormull Chiorrini, President of PEN Chile.
23 June 2025: PEN International and PEN Chile call on the Constitution, Legislation, Justice and Regulations Committee of the Chilean Senate to withdraw a bill that could severely undermine journalism, the right to information and freedom of expression. The bill, known as “Ley Mordaza 2.0”(‘Gag Law 2.0’) seeks to punish the dissemination of information about criminal investigations that have been declared confidential.
The bill proposes amending Chile’s Criminal Procedure Code to criminalise the publication of information from ongoing investigations, imposing penalties of up to 541 days in prison or substantial fines. Its broad and ambiguous wording would allow not only public officials, but also journalists, lawyers, activists, authors, researchers, and any citizen who share information classified as confidential to be penalized, even if that information is of high public interest.
The proposed amendment is as follows: Replace the final paragraph of Article 226 J with the following: “Anyone who in any way hands over, informs, disseminates or discloses information of any nature about the background of an investigation covered by secrecy shall be sentenced to the medium to maximum term of imprisonment”.
In addition, it is established that “this penalty shall be extended to officials who have participated in the investigation, as well as to any person who communicates, disseminates or discloses information relating to an investigation or the fact that it is being carried out.”
According to international and regional human rights standards, restrictions on freedom of expression must be necessary, proportionate and clearly defined by law. However, the suggested changes to Chile’s Criminal Procedure Code sanction prior censorship in investigations that may be pivotal in cases of corruption or other matters of public interest.
PEN International and PEN Chile call on the Constitution, Legislation, Justice and Regulations Committee of the Chilean Senate to withdraw the bill and comply with Chile’s international commitments regarding freedom of expression, including the International Covenant on Civil and Political Rights (ICCPR) and the American Convention on Human Rights (ACHR).
Note to Editors:
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