Regulating of digital hate: between freedom of expression and the protection of vulnerable groups in Chile

Abstract

The expansion of artificial intelligence (AI) in political communication has transformed the ways in which political actors interact with citizens, enabling the automated generation of personalized mes­sages and the massive dissemination of information through digital networks. This dynamic has con­tributed to the spread of fake news and polarizing content, weakening public debate and fostering the reproduction of hate speech, particularly against historically vulnerable groups such as migrants, wo­men, and sexual minorities. Cases such as Cambridge Analytica reveal how the intensive use of personal data can manipulate political preferences, while inter-American jurisprudence —as in Azul Rojas Marín v. Peru— has begun to link hate speech with structural prejudice-based violence. In this context, it is increasingly urgent to reconsider the role of law in addressing expressions that, under the guise of free speech, perpetuate exclusion and discrimination. This article analyzes the issue from a comparative legal perspective, examining regulatory frameworks such as those of Germany and Spain, and assessing the regulatory gaps within the Chilean legal system. It concludes that an effective response requires clear and proportionate regulation aimed at protecting fundamental rights without resorting to censorship. The study proposes normative criteria for legitimate state intervention that combines reasonable sanc­tions with preventive and educational measures, thereby strengthening democratic deliberation.