Moderación de contenidos en plataformas digitales frente a la protección del derecho a la libertad de expresión en el Ecuador.

Abstract

The evolution of the digital ecosystem constitutes one of the challenges of the 21st century, highlighting the need for legal guidelines that allow for its proper development and protection for both digital platforms and users. Based on this reality, a legal challenge within the current legal framework becomes evident, making it necessary to incorporate minimum guarantees aimed at strengthening the protection of the right to freedom of expression in relation to content moderation decisions adopted by digital platforms. Currently, the Organic Law of Communication (hereinafter, LOC) establishes in Article 35 the right to universal access to information and communication technologies, which evidences a legal development aimed at guaranteeing access to digital platforms. However, this regulatory development highlights the absence of specific regulation regarding decisions adopted by digital platforms towards users when these decisions affect the exercise of freedom of expression. Therefore, this research seeks to determine the importance of establishing legal guarantees within the (LOC) regarding content moderation, considering its impact on the protection of the right to freedom of expression in Ecuador, in accordance with Articles 18 and 66, paragraph 6, of the Constitution of the Republic. In this regard, the study proposes the incorporation of mechanisms of transparency, reasoning, proportionality, and review that allow users to understand and challenge the measures adopted, without limiting the ability of digital platforms to establish rules regarding the content that is disseminated.