Right to honor versus freedom of expression on social networks. the belligerative and aggressive behavior of communications on social networks

Abstract

In general terms, the discourse of verbal aggressiveness encompasses all those expressions considered dangerous for the stability of democratic systems. These include offences based on sexist expressions as opposed to feminist criteria. The legal protection of these expressions continues to generate interesting discussions in various constitutional and supranational courts. Our article aims to explain some of the main legal criteria that the TEDH and our courts (Supreme and Constitutional) have adopted on this issue in favour of freedom of expression. In the case under discussion, there are two important issues to examine: on the one hand, the ideology of the person who can be considered as violent towards women because of his ideological position, where the right to freedom of expression prevails over the subject's right to honour, and on the other hand, the responsibility of the Facebook account holder who allows disqualifying, insulting and threatening comments from his followers, who cannot simply disregard what is published on his profile by other users.