Cyberharassment, violations of privacy, cybercrime, actual violence
Legal provisions on school violence
Law Nr 20,536 on school violence (School Violence Law or “SVL”) was enacted on September 17th, 2011 (http://bcn.cl/1uvxm), amending the General Education Act (“GEL”) contained in Law Nr. 20,370 (http://bcn.cl/1uxh9). Its mail goal is to achieve good internal relations in schools (Magendzo, Toledo, Gutiérrez, “Descripción y análisis de la Ley sobre Violencia Esocal (N° 20.536): dos paradigmas antagónicos”, pp. 381, 387). Under these legal provisions, internal school bodies are entrusted with the promotion of internal relations and the prevention of any form of physical or psychological violence (Art. 15 of GEL, as amended by SVL). Furthermore, school members (in a broad sense) shall report acts of physical or psychological violence, aggression or bullying affecting any student and not doing so shall be subject to fines in some cases (Art. 16 D of GEL, as amended by SVL). In addition, internal school regulations on these matters are to be in force, covering prevention policies, protocols dealing with related infringements and appropriate sanctions. This law does not impose criminal sanctions. Under said law, the definition of bullying (“acoso escolar”) comprises actions or omissions whichever the means used, including those of a technological nature (Art. 16 B of GEL, as amended by SVL).
Other relevant legal provision
Bullying and the reaction thereto have been challenged before superior courts (“Cortes de Apelaciones”) by means of claims seeking emergency remedies to wrongdoings affecting a number of fundamental rights as define in the Art. 19 et seq. of Constitution (see Matte, “Sanciones disciplinarias por agresiones desplegadas por alumnos a través de un fotolog. Jurisprudencia constitucional sobre bullying en Chile”, passim).
Online child sexual exploitation and abuse of childrene
Art. 366 quáter of the Chilean Criminal Code was amended in 2011, by means of Law Nr. 20,526, in order to sanction grooming (see Matus, Ramírez, Lecciones de Derecho Penal chileno. Parte espcial, tomo I, 3rd ed., 2014, p. 346). As amended, this provision sanctions acts that could be oriented to the commission of more serious offenses (e.g. rape), albeit this particular offense takes place even if the latter purpose is not achieved or even in the absence of such purpose. In fact, this offence is committed when, the offender, for the purpose of sexually arousing himself or a third party, exposes a minor (14 years old or less) to acts of sexual nature, or to pornographic material. The aforementioned provision also contemplates the punishment of forcing minors to commit acts of sexual nature themselves in front of the offender or a third party, or the recording, delivery or display of images or recording of sexual content of themselves. The aforementioned provision is also applicable when the offences are committed from afar through means of electronic nature, as expressly stated therein. Additionally, misrepresentation of identity or age increases the severity of sanctions to be applied.
no information available
- Budapest Convention
Other instruments recommended for ratification:
- Istanbul Convention
- Lanzarote Convention
- Protocol on Xenophobia and Racism