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- Title
¿Matar al mensajero? La responsabilidad de las redes sociales y los usuarios por difamación.
- Authors
Herrerías Castro, Laura
- Abstract
The Organic Law 1/1982, of 5 May, on the civil protection of the right to honor, personal and family privacy and self-image, provides legal resources to persons harmed by, among other cases, defamations both in analogous and online environments. One of the main issues posed by using the Internet in the protection of the right to honor is the determination of the responsible subjects. Generally, when an illegitimate online intrusion is committed, there are three parties involved: the injured party, the author and the online intermediary, typically social media platforms. It should be noted that online platforms may benefit from the conditional disclaimer regime provided for in Article 6.1 of the Digital Services Regulation. Other users' actions that help increase the impact of intrusions using technical tools such as "like", "share" or "comment" are also relevant. The purpose of this work is to determine in which cases the operators of social media platforms are liable for hosting defamatory content and whether users who interact with them can, together with the author, be considered civilly liable.
- Publication
IDP: Revista de Internet, Derecho y Politica, 2024, Issue 40, p1
- ISSN
1699-8154
- Publication type
Article
- DOI
10.7238/idp.v0i40.416519