Chile's Human Rights Institute warns against criminalising artistic expression in new vandalism law

The Instituto Nacional de Derechos Humanos (INDH) of Chile cautioned that the draft "Registro de Vándalos" could lead to a "criminalisation of artistic expression" if it broadly penalises unauthorised graffiti. The institute argued that overly wide wording might capture cultural or political expressions that are protected under freedom of speech.

The commentary highlighted the difficulty of defining what constitutes art, noting that merely spraying a wall does not automatically make a work of art. It stressed the need to balance the right to create with the public's right to preserve property and maintain orderly public spaces.

By drawing attention to the potential overreach of the proposed law, INDH called for a more precise legal definition that distinguishes between genuine artistic murals, which often involve community consent, and random markings that lack aesthetic or cultural intent.