Freedom of Speech on Social Networks: limits and consequences.
Freedom of speech in social networks: limits and consequences.
In this article we are going to talk a little about freedom of expression on Social Networks: limits and consequences.
Freedom of speech or expression is an internationally recognized right under article 19 of the Universal Declaration of Human Rights (JFHD) and is recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR) and by the general rule in all the laws of each country, since long before digital media platforms and social networks existed. It can be defined as the right to freely express or disseminate ideas, opinions or thoughts.
However, although it is a fundamental human right, like all the others, it is not absolute and has legal limits, it is generally found when its exercise constitutes a risk of interference in the right to honor personal, family or personal privacy. the own image of another.
Today in the field of social networks and digital media, interference can range from the disclosure of information that affects the privacy, dignity or honor of a person, the reputation of a company, among others.
To define this limit, it is necessary to contextualize it objectively, which is difficult, because everyone can have a different and subjective opinion on a certain issue, and in social networks, everyone wants to express, assert and defend their opinion.
It is possible then, that a person or company intends to take civil or criminal legal actions of private action, to defend their rights to honor and reputation against illegitimate interference by third parties, under the law.
However, with the appearance and massification of social networks, rules emerged that go further, in regulating excesses in the exercise of freedom of expression, establishing autonomously, independently and public action, without the affected take any action to defend themselves, the possible criminal prosecution of individuals who engage in conduct that is harmful to universally protected rights or who turn their expressions into instruments of violence, harassment or hatred on social networks.
Matters that are brought to the attention of the judicial authorities for the publication of harmful comments in the digital world are becoming more and more frequent, which is why although social networks were at first appreciated as “paradises” for freedom of expression, nowadays they constitute one of the most monitored environments, due to their massive reach, compared to other means of expression, not only limited by the community regulations imposed by the companies that develop them as adhesion contracts for their users, but also by the development of new international and local legislation in each country.
In the competition for the attention of the audiences, many content creators for social networks develop opinion content, venture into the art of comedy or entertainment in general; but they must always be careful and analyze to what extent some of their expressions may or may not be interpreted as jokes, doing an exercise in anticipation of their audiences reaction.
It must also be considered that a bad joke or an inopportune comment may not bring immediate legal consequences; but the reaction from the public on social networks can unleash serious situations of confrontation, violence or hatred, both among members of the community and against their own authors, so it is better to anticipate reactions and express yourself with prudence and respect. .
In conclusion, before publishing content on Social Networks and digital media, we must avoid falling into the field of discredit, insult, injury and humiliation of others; but freely expressing our ideas and opinions, with the necessary prudence and being scrupulous in the fulfillment of our rights and duties.