Los comentarios difamatorios en Facebook y el Derecho al honor

Abstract

This thesis addresses the issue of defamatory comments on Facebook and their impact on the right to honor in Ecuador. The proliferation of social media interactions presents new legal challenges for protecting individual reputation in cyberspace. The main objective was to analyze the legal protection of the right to honor against defamation on Facebook in Ecuador. A gap was identified between existing regulations and the rapid evolution of cybercrimes, specifically digital defamation. The methodology employed was qualitative, based on case studies and legal analysis. Interviews were conducted with judges and systems engineers, which allowed for the collection of relevant information on the application of laws and the technical complexities of identification and sanction, leading to a comprehensive understanding of the phenomenon. The results reveal that, although the Ecuadorian legal framework protects the right to honor, its application in the digital environment is limited due to the cross-border nature and immediacy of social media. The interviews confirmed the need to update and specialize laws, as well as to train legal operators. In conclusion, it is essential to implement agile and specialized judicial processes for cases of defamation on social media. It is proposed to strengthen digital law training for judges and prosecutors, and to explore alternative dispute resolution methods such as mediation. This seeks to ensure effective protection of the right to honor against the challenges of the digital ecosystem.