XV Edition GIZ Law Journal

FEATURE

Tensioned pillars of the Rule of Law Freedom of speech and the right to information:

By: Julia Bayer (intern Project DIRAJus 02 – 05/2022)

Today, the world continues to face the complex challenges brought by the pandemic; however, this subject despite being the one that has taken the first places in the concern of the States to resolve, it did not imply the disappearance of other situations whose relevance requires that they be made visible and addressed in a responsible manner. In this sense, it is possible to mention two essential conditions of a rule of law that have been kept in tension, which are freedom of speech and the right to information; these, in conjunction with other fundamental rights, constitute the basis on which the person can fully develop in the context that surrounds them. Regarding the above, a decisive element that is determining new paradigms and challenges in terms of freedom of speech and the right to information, is the now called “digital era”; this identification of a historical period, attends to the unavoidable presence -convenient or not- of advances in digital and technological media, which directly impact the way in which people develop and coexist today. A clear manifestation of the impact of the digital era in the way people express themselves and interact with information, is reflected through social media. In the latter, people have found channels both to express their thoughts, opinions, ideals and proposals or disagreements, as well as to obtain information on a variety of topics or issues of greater or lesser interest. This has raised several questions regarding the contrast between the freedom of speech and the right to information with the dissemination of fake news and/or hate speech. Should there be limits to freedom of speech in social media? How should the dissemination of false information through social media be prevented and/or addressed without incurring in prior censorship? Which are the subjects thar prevail over freedom of speech? We invite you to share your ideas.

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