Freedom of Expression and the right to protection of honor and good name. Social Media

JWFC & others v. Google Colombia Ltd. & others

Date:  09/12/2019

Judge-Rapporteur:  José Fernando Reyes Cuartas

Concurrence:  Carlos Libardo Bernal Pulido.  Diana Constanza Fajardo Rivera.  Luis Guillermo Guerrero Pérez.  Alejandro Linares Cantillo.

Dissent:  Alejandro Linares Cantillo (partial)

Facts. In four joint actions, it is alleged that individuals transgressed the rights to honor and good name of the plaintiffs, as a result of having published criminal accusations or defamatory statements against them on the social networks of Facebook and YouTube.

Issue: Does the publication of criminal accusations and defamatory statements in social media ignore the right to honor and a good name?

Ruling and reasoning.  Yes, subject to certain conditions.  To reach this decision, the Court explained that prior to the decision, the context where the assertions are done must be established.  For that purpose, three questions should be answered, i.e., i) Who communicates? ii) About whom is it communicated? and iii) How is it communicated?  Once this is done, it has to be collated with the freedom of expression, in order to determine whether a legit purpose is pursued with the publications.  If bad intentions or the only aim to defame the person is apparent, then no valid freedom of expression is in place, and therefore, the protection of the right to honor and good name follows.  This is achieved by removing the allegations from the social networking media.

Consequently, the Court GRANTED the protection in one of the cases, and ordered the defendant to remove the pertinent messages on Facebook and YouTube.  The Forum DENIED the other three motions due to technical-procedural issues that lead to the inadmissibility of judging the case and reaching a final decision.