Abstract

JIMENEZ, WILLIAM-GUILLERMO  and  MENESES QUINTANA, ORLANDO. Free Speech on Internet and Social Media v. Rights to Privacy and Good Name. Prevalence, Collission and Weighting in Constitutional Law (1992-2019). Rev. Derecho Estado [online]. 2023, n.56, pp.275-304.  Epub May 15, 2023. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n56.10.

There are fundamental rights that sometimes conflict in Internet communications and social networks, this technological media are characterized by anonymity, easy reproduction and copying, high popularity and easy access. The paper's aim is to establish the way in which conflicts between freedom of speech and the rights to privacy and reputation are being resolved in relevant court cases generated on the internet and social networks. The type of study is descriptive and exploratory, using a qualitative and inductive method; the sources of information were primary and secondary; the techniques used were documentary review and direct observation. It is concluded that the resolution of conflicts between these rights has had an evolution of five moments since 1992, in which the Constitutional Court has chosen a line of jurisprudence in which freedom of spech has a presumption of prevalence; however, this can be distorted when the collision of rights occurs and so, the tripartite weighting test is applied.

Keywords : Constitutional law; computer law; social networks; freedom of speech; right to privacy and reputation; collision of rights.

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