Derecho de Libertad de Expresión en la Ley Orgánica de Comunicación y los Instrumentos Internacionales de Derechos Humanos

Abstract

The central object of this research work is aiming to find, if the right of freedom of expression is guarantee by the Organic Communication of Law, as well as getting know, if this legal body is in harmony with the provisions of the American Convention of Human Rights and the Universal Declaration of Human Rights. The first part of this research includes a comparison between some of the articles of the Organic Law of Communication and the Human Rights International Instruments mention above. In second part, it was necessary to consult the philosophical juridical fundaments, as well as the international jurisprudence and the Constitution of Ecuador. The results of this study showed that law must establish the restrictions for the right of freedom of expression as long as such restriction is necessary to guaranty the protection of other human rights. In the other hand, the study shows that the right of freedom of expression is not an absolute right, but it has some limits and restriction; and such restriction must be exceptional, and must not limit the human right more than it is strictly necessary.