Libertad de expresión e injuria en redes sociales: límites y responsabilidad jurídica en Colombia

Abstract

The objective of this research is to analyze the limits of freedom of expression in social networks and its relationship with insult in the Colombian legal framework. Although freedom of expression is constitutionally protected in Colombia, there is constant tension with the right to honor and dignity of people, especially when expressions made on social networks affect the reputation of individuals. In this context, the study focuses on identifying how Colombian norms, such as the Political Constitution, the Supreme Court of Justice, the Constitutional Court and the Penal Code, regulate freedom of expression and acts that constitute libel, particularly in the digital sphere. The investigation also addresses the position of the Constitutional Court and the Supreme Court of Justice regarding cases of insult that occurred on social networks, in order to examine how these judicial instances have resolved the conflict between the fundamental rights of expression and honor. The approach will be qualitative, based on the review of legal documents, the analysis of relevant cases and the consultation of experts in the field. The objective is to understand how insults are punished in social networks and what options exist to repair the damage. This research seeks to provide key legal elements for the regulation of the use of digital platforms, so that both the fundamental rights of individuals and the exercise of freedom of expression in the environment are protected.