Jurisprudencia y Ciencias Sociales

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

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2018 - 201912020 - 20266

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Tema: search.filters.subject.LIBERTAD DE EXPRESIÓN

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Mostrando 1 - 7 de 7
  • Miniatura
    Item type:Ítem,
    Comunicación masivay libertad de expresión: Teleamazonas vs Ley Orgánica de Comunicación
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Comunicación, 2026-01-19)
    Gamboa Gavilanes, Jair Alexander
    ;
    Tamayo Maldonado, Alex Rodrigo
    This research analyzes the challenges ofmass communication and freedom of expression faced by Teleamazonas during the enforcement of Ecuador's Organic Law of Communication (LOC). The study examines sanctioning resolutions issued by the Superintendence of Information and Communication (SUPERCOM) to understand how the regulatory framework influenced the channel's editorial practices. The specific objectives focused on evaluating Teleamazonas” compliance with the LOC, identifying cases of censorship and self-censorship derived from its application, and analyzing the regulator's performance within the legal framework. The methodology used was documentary analysis, centered on four resolutions related to humorous, news, and entertainment content broadcast by the channel. The results reveal persistent tensions between the social responsibility mandated by the LOC and the full exercise of freedom of expression. Although Teleamazonas argued that its content served informative or humorous purposes, SUPERCOM applied strict criteria that resulted in multiple sanctions. These dynamic created conditions encouraged self-censorship within the media outlet due to the fear of additional penalties. The study concludes that the LOC created an ambiguous and highly punitive regulatory environment that affected the legal certainty of media organizations and limited their editorial autonomy. Teleamazonas, as an emblematic case, highlights the need for a balanced relationship between regulation, social responsibility, and freedom of expression to ensure a democratic, plural, and transparent communication system.
  • Miniatura
    Item type:Ítem,
    Libertad de expresión: El ejercicio del trabajo dependiente en un ambiente adecuado y propicio, en la provincia de Cotopaxi
    (Universidad Técnica de Ambato, Facultad de Juriprudencia y Ciencias Sociales, Carrera de Derecho, 2025-08-01)
    Romero Changalombo, Estefany Nicol
    ;
    Masabanda Analuiza, Galo Iván
    Freedom of expression is a right recognized and guaranteed by the Ecuadorian State in its constitutional order, as well as in various international instruments. This right is linked to the freedom that workers have to express themselves freely with their employers in each of the spaces of the different work centers; however, in Ecuador when exercising the right to work and develop a work activity under a dependency relationship, there is a limitation when workers want to express themselves freely about the nonconformities that exist within the work establishments, thus preventing this constitutional right from advancing. In this sense, the objective of the research is to determine compliance with the guarantee of freedom of expression in the exercise of dependent work in an adequate and propitious environment in the province of Cotopaxi. For this purpose, a descriptive type of research is applied, supported by a mixed methodology in order to reach the proposed objective; therefore, it is within the research line of exclusion and social integration. The main result is that workers cannot freely exercise this right of expression in an open manner, since this action can even lead to their labor stability being at stake and employers seek to terminate the employment relationship. And concluding that dependent workers do not.
  • Miniatura
    Item type:Ítem,
    La libertad de expresión y la regulación de contenido en las plataformas virtuales de Facebook y Twitter
    (Universidad Técnica de Ambato, Facultad de Juriprudencia y Ciencias Sociales, Carrera de Derecho, 2025-07-31)
    Taipe Coyachamin, Evelin Yajaira
    ;
    Chagcha Solis, Carlos Julio
    The right to freedom of expression is currently embedded in virtual platforms such as Facebook and Twitter. However, offensive content is disseminated under this protection, violating users' fundamental rights. In this regard, the main objective of this research was to analyze freedom of expression in content regulation on the virtual platforms of Facebook and Twitter. The methodology employed in this study was qualitative, allowing for an exploration of freedom of expression and content regulation policies on Facebook and Twitter. Research techniques such as interviews with constitutional lawyers and computer and systems engineers were employed, which provided a specialized and technical perspective on freedom of expression on virtual platforms, as well as the systems, mechanisms, and parameters used by Facebook and Twitter to regulate offensive content. Therefore, this research is immersed within the line of research on public policy, law, and society. The research results show that content regulation policies attempt to balance freedom of expression with fundamental rights, yet are neither clear nor understandable. The conclusion is that freedom of expression on Facebook and Twitter is moderated through policies, yet they face challenges. Therefore, the centralized management of these policies on virtual platforms and the lack of a clear and specific law on the regulation of harmful or prejudicial content in the National State are highlighted.
  • 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,
    Análisis de la legislación ecuatoriana de comunicacióny sus efectos sobre la libertad de expresión
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Comunicaciòn, 2024-02)
    Constante Sánchez, Wilmer Josue
    ;
    Naranjo Gamboa, Byron Orlando
    Freedom of expression in the field of communication is characterized as a fundamental, inalienable and inherent right of all people. In the country, this right has been altered by various laws, regulations and reforms that have questioned the extent to which freedom of expression is considered as such. This is why a work was carried out whose objective was to establish the scope of the legal framework in the field of communication and its impact on freedom of expression, which is characterized by being documentary, descriptive-explanatory, on the other hand also A survey was conducted with 24 students in the seventh semester of the social communication degree to find out their perspective on the topic. The results showed that 8.3% totally agree that currently, the existing legal framework encourages freedom of expression in the country, with respect to the question of whether they consider that communication professionals in Ecuador are supported by the current communication regulations, 25% mention that they agree. Finally, 25% totally agree that to promote freedom of expression, the legal framework regarding it should be increased. With the development of this research work, it was possible to identify the evolution of communication laws in reference to freedom of expression in the country, where it is evident that it has been a complex and contradictory process, since, in its early stages, Ecuadorian laws protected freedom of expression in a limited way, allowing prior censorship and other restrictions. Likewise, it was defined how the prohibition of “Prior Censorship” allows greater freedom of expression in the media; this elimination allows the media to report freely on issues of public interest, without fear of reprisals for part of the government or other entities with power, without retaliation for their opinions or for the information they disseminate
  • Miniatura
    Item type:Ítem,
    La vulnerabilidad de la libertad de expresión en las manifestaciones artísticas en la ciudad de Ambato, Provincia de Tungurahua
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Comunicación Social, 2021-02)
    Rodríguez Tapia, Tatiana Katherine
    ;
    Naranjo Gamboa, Byron Orlando
    Freedom of expression is a gift that people have, it is a primary means to be able to communicate in the daily life of the human being, show an ideology before life and be able to better disseminate everything that interests us in any area, be it social, cultural, political, and religious, as long as this right does not go against the integrity of others. It is a fundamental right that all people have and that can be exercised in any place and at any time through any manifestation, which do not exceed the limits allowed in established laws, people have the freedom to exercise their right as many times as necessary because thus they are promoting and protecting their rights as citizens and that these in turn are supported by governments. But if freedom of expression is a right of every human being because it has limits? It is evident that society is the axis so that artistic practices can come to have their due importance. But how involved is society? There are many groups of artists who seek to be heard, who seek to show their works and be valued for the work they do, but this is a constant struggle since many artists do not have the necessary help to develop in the art environment. Artistic manifestations have become the most suitable means to be heard and ensure that their right is respected, but it must be clear that freedom of expression does not support demonstrations that provoke violence, the person who thinks that their opinion is more It is important that the others would be turning into someone selfish, that is why knowing the concept of freedom of expression in artistic manifestations is the step to demonstrate that art is a magical world that is expressed through their works.
  • Miniatura
    Item type:Ítem,
    La ley de comunicación y la violación del derecho a la privacidad individual en las redes sociales
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-01)
    Núñez Fiallos, Paulina Elizabeth
    ;
    Mayorga Naranjo, Nelson Eduardo
    The present work exposes a latent reality that is the respect to the individual privacy in the social networks, for this we must take into account the massive increase of the use of social networks that in the majority of cases is used without any type of responsibility becoming in an unfounded opinion space and in extreme cases a censorship tool, however has been detected in recent years, an interference by the state that has sometimes violated the privacy of networks hacking personal accounts and publicly exposing their content private . The project allowed through a field study and the use of surveys to unveil the problem of non-compliance with the Communication Law which protects privacy in networks and on the other hand the misuse of the same by the population for who the same Law establishes the Later Responsibility as a foundation for the proper and responsible use of social networks. The research concluded that training is needed on these two topics that make up the research variables: The Law of Communication and responsible use of social networks. For although the Law of Communication establishes freedom of opinion, it must be responsible and promote a social interaction based on respect taking into account that we live in a society of rights.