No. 16 (2017)

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Browsing No. 16 (2017) by Author "Bustos, Guido"

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    Libertad de expresión: el alma de un estado democrático
    (Universidad de Cuenca, 2017) Abril, Adriana; Bustos, Guido; Espinoza, Brenda
    Here are exposed arguments referring to the freedom of expression as the angular stone of a Democratic State ensuring its basis through the construction of a free and informed society. In this way, it has been stated that in the Interamerican System of Human Rights, the freedom of expression presents a double dimension, one as the right of the citizens to receive information, and the other as the right of people to express their ideas and opinions, in a way that creates the public opinion that a system of representative democracy needs for taking decisions. The media has an important role, as instruments of the materialization of the freedom of expression. Consequently, they must be protected by the state, and totally independent. In the same way, here are exposed the limitations to the right of freedom of expression, which are determined in international instruments and in jurisprudence of local and international documents. Which should also be found expressly written in the national legislation of each state so that there will not be any arbitrary use of power. Eventually, showing society information of public interest, whose protagonists could be susceptible to the scrutiny of society, instead of being considered an attempt against the rights of people, acting with real malice, or acting against the democratic system to violate the national interest, the moral, or public health, it will be instead considered a pure use of freedom of expression.