El linchamiento mediático y sus posibles afectaciones al derecho a libertad de expresión.

Abstract

Ecuador is a constitutional State of rights and justice in accordance with the current Constitution. Its constitution holds a broad catalog of rights, including freedom of speech, a fundamental right that is recognized in several international human rights treaties in which Ecuador has agreed upon. In 2014 the National Assembly approved the Organic Law of Communication adding a totally new feature to the Ecuadorian legal system, media lynching, which was widely criticized by the media and citizens due to the possible restrictions that would entail its application. The media lynching forbid the direct or indirect dissemination of information through an individual or a third party. This feature will forbid the spread of published information determined to discredit a natural or legal individual. Due to the lack of precision over the terms used on the media lynching measures, there may be transgressions to freedom of speech and press. As a result, in this academic article we will analyze the scope and repercussions that this figure may have. Moreover, there will be a brief analysis over the Right to Freedom of speech foundations, the limitations of this right, and whether media lynching is fully justifiable and if it is in accordance with the supreme norm of the State, as it is the Constitution of the Republic of Ecuador.