The Right of Social Communication in the New Constitution Proposal of the Constitutional Convention of 2022

Abstract

The right to communicate lack an explicit normative recognition in the Chilean law. That was close to change if the Proposal of a New Constitution of 2022 would have been approved. This article upholds that, even though this right wasn’t explicitly recognized in the final proposal, it can be recognized by an interpretation of the constitutional history. The core of this right has been traditionally bound to the UNESCO MacBride report, which propose a new right to strength democracy in social communication, criticizing the incapacity of free speech to effectively secure its social dimension. On Latin America, many states had recognized the right to communicate in constitutional and legal level, but its implementation lacks clarity. The author offers an interpretation of the content and extent of this new right to a social communication of the Proposal for a New Constitution of 2022, looking forward to contribute on the normative debate of this new right.