The last (digital) temptation: Olmedo Bustos vs. Chile & the latest technologies

Abstract

The case Olmedo Bustos against Chile, also known as “The Last Temptation of Christ Case”, is an outstanding case in terms of the right to freedom of expression, mainly around art. The famous case established the bases regarding the prohibition of prior censorship and condemned the Chilean State for establishing the possibility of it in its National Constitution. Little more than twenty years after that pronouncement, reality has changed a lot. The films went from being shown in theaters to being broadcast live on digital platforms; viewers have access to many more artistic expressions from around the world because of globalization; and, due to the reduction of costs in digital filming, any citizen can communicate their ideas to thousands of people through social networks. Added to this, the former owners of the space for social expression have begun to change their practices, entering into brutal competition with newcomers (digital media) to get our attention. In this context, in which social media have become digital public squares, in which art has been democratized to a great extent and information is distributed almost instantly, I propose to analyze the guidelines of the leading case, and search among its components a map of its applicability to these new contexts; the objective being to anticipate future cases that the Inter-American Court of Human Rights (IACHR) will have to deal with very briefly.