Monday, January 17, 2011
Juan Carlos Upegui Mejia, Universidad Externado de Colombia, has published Freedom of Expression, Social Networks and Criminal Law - The Case Study of Nicolás Castro (Libertad De Expresión, Redes Sociales Y Derecho Penal - Estudio Del Caso Nicolás Castro) in Revista Derecho del Estado No. 25 (2010). Here is the abstract.
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.
Download the article (in Spanish) from SSRN at the link.