The Positivization of the arbitrary use of freedom of expression in social networks in Ecuador; a constitutional perspective

Abstract

Social media allow the materialization of the exercise of freedom of expression, for this reason, their operating conditions must be adequate to the requirements of such freedom. This article analyzes the positivization of the arbitrary use of freedom of expression in social networks in Ecuador; from a constitutional perspective. It is a study with a qualitative approach, non-experimental design, transectional, with an analytical level, whose research and data collection techniques are purely documentary, based on information taken from books and academic journals, as well as from the Constitution of the Republic of Ecuador, the Universal Declaration of Human Rights, and the Inter-American Court of Human Rights. The results show that in Ecuador, the right to freedom of expression is contained in the constitution as one of the fundamental civil rights, however, there are no specific legal norms that regulate the use of the networks; for which it is necessary to adapt to models that apply state or supra-state norms that positivize inappropriate behaviors, as well as in paradigms of self-regulation supported by private entities that grant a certain degree of regulatory autonomy in the face of the arbitrary use of social networks.