Libertad de expresión, redes sociales y derecho penal: Estudio del caso Nicolás Castro
The author explores a way to construe the freedom of speech in the internet context using a case analysis. In the case, a Facebook user, who allegedly had participated in a Group to murder the son of the Colombian President, is detained and prosecuted. Using the American Convention of Human Rights a...
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| Main Author: | |
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad Externado de Colombia
2010
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3399766 |
| Source: | Revista Derecho del Estado, ISSN 0122-9893, Nº. 25, 2010, pags. 159-192 |
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| Summary: |
The author explores a way to construe the freedom of speech in the internet
context using a case analysis. In the case, a Facebook user, who allegedly
had participated in a Group to murder the son of the Colombian President, is
detained and prosecuted. Using the American Convention of Human Rights
as the applicable law, the author thesis is that this kind of discourse is clearly
forbidden, even though the liability henceforth should not be criminal. The
freedom of speech limitations must be defined regarding the practices, the
kind of discourses, the conception of the subject and the values that internet
encompasses. In conclusion, these limitations should be built upon either
auto-regulation or civil liability, doing so it is most likely to keep it off from
the risks of both self-censorship and the criminal law of the enemy. |
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