T-179/19
Freedom of expression in social networks
Juber Duvan Giraldo Saldarriaga v. Manuel José Delgado Sepúlveda
Date: 05/07/2019
Judge-Rapporteur: Alejandro Linares Cantillo
Dissent: Antonio José Lizarazo Ocampo
Facts. The plaintiff, pastor of the World Missionary Movement, Christian Church, filed a legal action requesting the protection of his rights to good name and honor. He claimed that they were infringed by negative comments about him, published on Facebook by the defendant.
Issue: Does a person, based on his/her freedom of expression, has the right to publish defamatory comments about other person on social networks?
Ruling and reasoning. Yes, subject to certain conditions. To reach this decision, the Court outlined the features of the freedom of expression as stated in previous precedents. The Chamber emphasized its preferred status, and the fact that this freedom is favored by a fourfold refutable presumption, i.e., i) prima facie constitutional protection; ii) doubt about any restriction to it; iii) its prevalence above other rights; iv) censorship ban. The Forum added that a number of speeches are particularly protected by the Constitution, such as, those about public affairs or public interest, and about persons with public profile and visibility. According to that, the Court explained that the burden to prove any undue violation of other rights, like to good name and honor, lies on the contending party. The court concluded that in the present case, not only the presumption was not disproved, but also, the claimant was not diligent enough to demonstrate the transgression.
As a result, the Court DENIED the amparo.
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