LIABILITY OF SERVICE PROVIDERS FOR COMMENTS MADE IN THEIR WEBSITES; The rights of freedom of speech and information against the right to honor in Spain in light of the Judgment of the European Court of Human Rights of October 10, 2013 in the case Delfi v. Estonia

Ramón Herrera de las Heras

doi:10.25115/ridj.v5i12.1866

Abstract

This work aims to address, in a practical way, the issue concerning the protection of the right to honor in social networks and websites through the European and Spanish case-law. This is an analysis of the content of such a right, the limits on the rights to freedom of information and speech, as well as regulatory changes needed to adjust the current legislation.Keywords: Right to honor, freedom of speech and information, web pages, service providers, civil liability.

Highlights

With the advent of the internet in European homes in the early 90's, and more recently, with the emergence and rise of social networks, the spread of messages and opinions through the net has undergone a major transformation
This is why we understand that this subject, the spread of messages through websites or social networks in which citizens’ right to honor may be defamed or violated, generates some legal issues
They are two close but not similar rights, since, as pointed out by the Supreme Court Judgment of February 18, 2013, the right to information refers to the communication of facts which are likely to be contrasted with objective data, whereas freedom of speech includes a broader field

Summary

Introduction

With the advent of the internet in European homes in the early 90's, and more recently, with the emergence and rise of social networks, the spread of messages and opinions through the net has undergone a major transformation.

Objectives

Results

Conclusion