Disinformation and hate speech on social media: A balance between freedom of expression and the protection of rights

Abstract

Introduction: This research analyzes the tension between freedom of expression and the protection of fundamental rights in the face of disinformation and hate speech on social media in Ecuador, given the absence of a specific regulatory framework to address these phenomena without unjustifiably restricting freedom of expression. Materials and methods: A mixed methodology was employed, combining qualitative analysis of the relevant regulations (Constitution, Comprehensive Organic Criminal Code, Organic Law of Communication) with a quantitative approach through a survey administered to 30 young social media users in Riobamba, using analytical, descriptive, and comparative methods. Results: The results show that, although the Constitution guarantees freedom of expression and protects rights such as honor and dignity, existing criminal offenses (slander, libel) are insufficient to address the digital dynamics characterized by anonymity, virality, and algorithms that amplify harmful content. The survey revealed that 96.7% of young people use social media several times a day, 60% perceive misinformation very often, and 80% believe that it significantly affects people's thinking. Discussion: This underscores the need to update the legal framework to adapt it to the digital environment, incorporating international human rights standards and promoting media literacy. Conclusions: Ecuador requires legal reforms that clearly define hate speech and dangerous disinformation, establish responsibilities for digital platforms, and strengthen civic education to achieve a sustainable balance between freedom of expression and the protection of rights in the digital sphere.