The construction of the limits of free speech within social networks

Abstract

The massive use of electronic communications by citizens, along with many other changes, has facilitated both interpersonal communication and participation in the public debate. As a result, diversity has undoubtedly been enriched, along with access to information and thus the possibility of being an active member of the political community. Other consequences of this transformation, however, present some risks and potential downsides. The extension of the domain of communicative public space has also limited citizens’ privacy, reducing those areas in which, historically, the expression of all kinds of ideas and opinions was possible. Social networks amplify this effect and, therefore, it is necessary to understand how the classic limits to expression are applied in this new environment, which blurs the public and private spheres of communication. This is the main objective of this paper, which also studies conflicts related to privacy issues and the circulation of statements intended to incite violence, discrimination or hatred that have appeared in recent years. The paper thus reflects on the struggles of Law to balance the complex relationship between the individual right to freedom of speech and the social expression of limits to this right.