“La infodemia, noticias falsas en las redes sociales generan pánico durante la pandemia y vulneran el derecho constitucional a la comunicación e información adecuada”
The present investigation that is presented under the modality of thesis, refers to a legal problem that deserves to be transformed to solve and overcome the socio-legal problem that is identified in the excessive dissemination of false news through social networks, which are causing a detriment to...
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| 第一著者: | |
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| フォーマット: | bachelorThesis |
| 言語: | spa |
| 出版事項: |
2021
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| 主題: | |
| オンライン･アクセス: | https://dspace.unl.edu.ec/jspui/handle/123456789/24395 |
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タグ追加 | 要約: | The present investigation that is presented under the modality of thesis, refers to a legal problem that deserves to be transformed to solve and overcome the socio-legal problem that is identified in the excessive dissemination of false news through social networks, which are causing a detriment to social tranquility and they violate the Right to truthful, timely and adequate communication and information, which must be guaranteed by the State itself, in the Organic Law of Ecuadorian Communication, in its Art. 5, verifies that for the purposes of this law, the social communication media are constituted by natural or legal persons, public or private, social organizations and / or content exchange through the mechanisms or instruments suitable to transmit, disclose, disseminate or propagate, in the established manner and periodical, texts, sounds or images intended for the population. The information and communication technologies make possible the existence of these new means to communicate information, which go beyond the traditional means; For example, social networks are means that are currently used for the dissemination of news, it is an informative medium that is growing due to its technological trend and its easy accessibility. The dissemination of news through social networks is a social problem, because all kinds of false information are spread, which causes the citizens who receive it to be alarmed by this type of sensationalist information, generating panic and information insecurity in society. Throughout the development of this research work, topics that will allow a differentiation between the dissemination of news through traditional information media and the use of social 6 networks as a means for the dissemination of false news will be addressed and developed, thus determining the importance of this action being adequately typified in the Comprehensive Organic Criminal Code. This research work will initially be developed with a brief historical review of the media, its origin and its evolution throughout history, supported by information and communication technologies, to establish that social networks are the mostly used as mass media for false news reaching the community and generating social panic. In addition, the analysis of our constitutional legislation will be developed to identify the protected asset affected by the dissemination of false news through social networks, as well as the analysis of the Organic Law of Communication regarding the use of social networks as a means of communication for the dissemination of information and finally in order to regulate, sanction and prohibit this type of misinformation behavior that can generate social panic, the Comprehensive Organic Criminal Code was analyzed. Similarly, the laws of Malaysia, Singapore and Nicaragua will be reviewed and studied, to establish the similarities and differences of these laws with ours and thus it was possible to establish the importance of regulating this type of misinformation behavior that can generate panic in the society. A field study pertinent to the problem raised will be developed, which, with the help of professionals in the field, which will serve as an important point in the verification of both 7 objectives and the contrast ofthe hypothesis, since the existence of the problem will be determined, the factors that influence the dissemination of false news through social networks and also to establish the need to regulate and punish this type of conduct. This work will conclude with the proposal of a legal reform proposal according to the current social and technologicalreality, based on reasons and Fundamentals extracted fromthe legalstudy, with this, the need to regulate, sanction and prohibit the dissemination of false news that generates panic through social networks is not questioned. |
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