Freedom of speech and informative speeches in the digital scope

  • Carmen Carrillo Franco Universidad Complutense de Madrid
DOI: https://doi.org/10.18543/ed.2927
Keywords: Freedom, Social media, Democratic community, Truthfulness, Simulation

Abstract

The paper studies the Constitutional Court’s case law in which they solved different writs of protection due to a collision between freedom of speech or informative speech and honour, privacy, and self-image rights. In addition, the paper includes some reflections on the concepts related to those freedoms, such as public opinion, truth, and lack of information. The paper’s main purpose is to analyze the specific aspects of freedom of speech and informative speech when they are developed in the digital world. As a result, the paper shows which are the elements that tribunals agree in taking into account in the cases in which freedom of speech should be limited in favour of the right to honour, privacy, and self-image and, the keys to legitimizing the exercise of the right in this scope.

Downloads

Download data is not yet available.

Author Biography

Carmen Carrillo Franco, Universidad Complutense de Madrid

Becaria de investigación en el Departamento de Derecho Constitucional

Published
2023-12-22
How to Cite
Carrillo Franco, Carmen. 2023. “Freedom of Speech and Informative Speeches in the Digital Scope”. Estudios De Deusto 71 (2), 51-89. https://doi.org/10.18543/ed.2927.
Issue
Vol. 71 No. 2 (2023)
Section
Studies

Last update: 08/02/2022

The authors, by submitting their manuscripts to the Estudios Deusto. Revista de Derecho Público, accept the conditions listed below on copyright and undertake to comply with them.

  1. Authorship: The author must be the sole creator of the work or legally acting on behalf of and with the full agreement of all the authors.
  2. Copyright, liability and Ethical Guidelines:
    1. Authors warrant that their manuscript is original; has not been previously copyrighted or published in any form; is not under consideration for publication elsewhere; its submission and publication do not violate the Ethical Guidelines of Estudios Deusto. Revista de Derecho Público and any codes (of conduct), laws or any rights of any third party; and no publication payment by the Publisher (University of Deusto) is required.
    2. Authors grant to the Publisher the worldwide, sub-licensable, and royalty-free right to exploit the manuscript in all forms and media of expression, now known or developed in the future, for educational and scholarly purposes.
    3. Authors retain the right to present, display, distribute, develop, and republish their manuscript to progress their scientific career provided the original publication source (Estudios Deusto. Revista de Derecho Público) is properly acknowledged and in a way that does not suggest the Publisher endorses them or their use of the work.
    4. Authors warrant that no permissions or licences of any kind have been granted or will be granted that might infringe the rights granted to the Publisher.
    5. Authors are solely liable for the consequences that may arise from third parties’ complaints about the submitted manuscript and its publication in Estudios de Deusto. Revista de Derecho Público.
  3. Users: Estudios de Deusto. Revista de Derecho Público is an Open Access publication. Its content is free for full and immediate access, reading, search, download, distribution and reuse in any medium or format only for non-commercial purposes and in compliance with any applicable copyright legislation, without prior permission from the Publisher or the author(s). In any case, proper acknowledgement of the original publication source must be made and any changes to the original work must be indicated clearly and in a manner that does not suggest the author’s and or Publisher’s endorsement whatsoever. Any other use of its content in any medium or format, now known or developed in the future, requires prior written permission of the copyright holder.