La libertad de expresión en Ecuador : la comunicación de ideas en los medios tradicionales y en las redes sociales en la era digital.

Abstract

A society free from arbitrariness, pluralistic, where sovereignty rests with the people, that is a democratic society. One of the relevant aspects of a democracy, taking into consideration the fundamental role of the guaranteeing State, is the respect for human rights, among which we have freedom of expression. This study has the general objective of determining the nature and limits of the right to freedom of expression in a democratic society, for which, the aforementioned fundamental right of a very personal nature will be reviewed, from the perspective of human rights protection systems. For this purpose, the standards established by the high courts in constitutional and human rights matters are established, through its jurisprudence, including its exceptionality of censorship in a Rule of Law, then, a sort of historical review is made regarding the evolution of the right to freedom of expression, which includes the Ecuadorian constitutional texts throughout its model of republic; ending with a review of the role and responsibility of media. With these ideas, typical examples of collisions are gathered, through the media, between the right to freedom of expression and the right to honor, among other, hence what, the most relevant was subjected to an analysis (Correa Vs. El Universo) in the light of the standards of the Inter-American Human Rights System, to finish, focusing on lack of regulation of expression in social media and networks and the power of censorship that their owners have, including examples of censorship and prosecutions.