Jurisprudencia y Ciencias Sociales

URI permanente para esta comunidadhttp://repositorio.uta.edu.ec/handle/123456789/892

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2017 - 201912020 - 20262

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Tema: search.filters.subject.CENSURA

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  • Miniatura
    Item type:Ítem,
    Equilibrio entre el derecho a la seguridad, privacidad y la penalización de la Infocracia
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-22)
    Viracocha Molina, Carlos Emanuel
    ;
    Acosta Morales, María Gabriela
    This relevant academic study addresses the emerging phenomenon known as Infocracy, conceptualized as a form of political control based on the mass manipulation of information through the use of digital algorithms. This has created a visible tension between the right to security and the protection of individual privacy worldwide. The problem lies in the rapid pace of technological advancement compared to existing regulations, especially those concerning surveillance and data extraction. Ecuador lacks an effective legal response to this phenomenon, risking excessive penalties that could violate fundamental rights. The study's overall objective is to examine the balance between the right to privacy and security in the face of the potential criminalization of Infocracy. To this end, the study identifies the main reasons for the possible criminalization of Infocracy, analyzes the legal consequences this would entail, and concludes with an analysis of how this balance is disrupted when privacy becomes a factor in insecurity. The study employs a qualitative approach, using both documentary and bibliographic research, with exploratory and descriptive levels. Using analytical-synthetic, hermeneutic, historical-critical, and heuristic methods, the national regulations were deconstructed and compared with models of comparative law, in this case, that of the European Union. The results led to a rejection of potential criminalization, since, to sanction algorithmic and diffuse conduct, the criminal route is dangerous due to its potential for censorship. It was concluded that the true balance lies not in using the State's punitive power, but in an administrative and electoral regulatory approach, inspired by the European Digital Services Act, which sanctions digital platforms for their structural risks and thus protects personal data without criminalizing citizens. Consequently, reform of the Democracy Code and strengthening of the Data Protection Superintendency are recommended as effective mechanisms for preventive rather than punitive oversight.
  • Miniatura
    Item type:Ítem,
    El derecho a la libertad de expresión: análisis del caso radio pichincha universal
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-21)
    Bucheli Escobar, Karen Mishell
    ;
    Vargas Villacrés, Borman Renán
    The right to freedom of expression is a fundamental element within society, it guarantees that there is a fair and balanced democracy in the different countries, so that the population when exercising this right can express themselves freely about the different events, being a right enshrined in the Constitution of the Republic of Ecuador, it is guaranteed and safeguarded by the State, which ensures that there will be no reprisals when exercising it. There are international organizations that protect this right, even cataloging it as fundamental for individuals. Therefore, the objective of the research is to carefully analyze the national regulations in Ecuador such as conventions and treaties issued by international entities that safeguard freedom of expression, in addition to analyzing an emblematic case in the country "Radio Pichincha Universal". For this reason, the qualitative methodology was used, employing an analytical, explanatory approach, based on secondary sources to obtain information on the subject. Through the investigation, it is concluded that despite the fact that Freedom of Expression is a fundamental human right and is enshrined in regulations such as the Constitution of the Republic of Ecuador and international regulations, it has been violated not only by the Ecuadorian State but even by other countries, since in some way citizen opinion does not benefit the government in power, thus generating reprisals towards the media with the aim of closing them down and not allowing them to disseminate their opinions
  • Miniatura
    Item type:Ítem,
    Normas Deontológicas de la Ley Orgánica de Comunicación y su aplicación en la redacción periodística en Diario el Heraldo de la Ciudad de Ambato
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Comunicación Social, 2017-06)
    Lagua Mainato, Ibeth Jhoanna
    ;
    Naranjo Gamboa, Byron Orlando
    The rules of ethics are a set of rules created by a group of professionals in their different areas, the same that protect the competitive and the citizen. On the other hand, journalistic writing is a daily, complex and topical work; Without knowing who will be the authors of the day, what events will be perceived and what kind of information will be taken to the public, UNESCO also states in its Declaration of November 1978: "The media must also respond to The concerns of peoples and individuals, thus favoring the participation of the public in the elaboration of information." In Ecuador there are Deontological Norms established in the Organic Law of Communication in relation to journalistic writing, in which professionals must comply with canons, taking into account that they are not a straitjacket or an attack on their work; The objective is to guarantee a good work in benefit to the collectives, the information must be of interest, current and well-founded; That professionals carry out deep research, disseminate communication and information inclusive in the development of society, as mentioned in Article 10 of the Organic Law of Communication - Deontological Rules, referred to professional practice, literal a) "Respect constitutional budgets Of verification, timeliness, contextualization and contrasting in the dissemination of information of public relevance or general interest. " As for the subject of censorship, it should be avoided in all its forms, allowing the professional's work to be disseminated, guaranteeing its foundations, showing that the right to freedom of the written press is respected; On the other hand, the subsequent responsibility is a strictly professional duty, in case it diffuses unconfirmed information and damages one's morality, since it will have the obligation to accept the sanctions imposed by the law; In addition to not having pressure on their work, not to spread morbid work, nor violence that affect the behavior of vulnerable groups (children). Likewise, the professional must be firm in respecting the rights to the reserve of source and the professional secret, also not to take advantage of his professional practice to obtain personal benefits. These rules and the journalist must be merged, obtaining as a result a locked journalistic research to ensure quality, verification, real sources, relevant information and contribution to the knowledge of the citizenship, in addition to the professional must update their knowledge because they make communication and information in any of its forms is a complex work, in this case, the written press is a theme in vogue, because it is not an easy job to do this, you need time, space, sources, to provide clear, precise and daily leading to public opinion generating discussions and their own criteria; in response to the research concludes in conducting a workshop for journalists and staff identified in the communication area whose aim Is to reinforce topics that are within the ethical standards set out in the Organic Law thus we have: Prior Censorship, subsequent liability, conscience clause, keywords and great contribution to the development of the journalistic writing which is a means of great importance in the history of the communication.