HOSTING O ADMINISTRADORES DE SERVICIOS DE PÁGINAS WEB E INTROMISIÓN AL DERECHO AL HONOR: LA RESPONSABILIDAD CIVIL EN EL MARCO DE LA SOCIEDAD DE LA INFORMACIÓN.

Abstract

Defamation, a form of violating what the Spanish Constitution terms «the right to personal honour», is a hot topic. In Spain the right to personal honour is a fundamental right, but the means for violating it are multiplying in pace with the expansion of communication networks. The problem is growing with the electronic communications of today's society, especially the Internet. The Internet, as a vehicle for transmitting all kinds of news, information and soap-box digressions, poses multiple advantages, but it also provides a stage on which classic controversies can swell to new legal dimensions. This paper examines new case law on the liability of information society intermediation service providers. It particularly looks at the responsible parties under web page hosting agreements when a web page's contents intrude unlawfully on the honour or dignity of third parties through humiliating, defamatory or abusive comments and photographs that go beyond the pale of what is tolerated under the critic's right of free speech.