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ABSENCE OF REGULATION OF THE ACTIONS OF PROVIDERS OF TELEMATIC COMMUNICATION SERVICES AND INTERNET PLATFORMS

Abstract:

In Latin America, the Ecuadorian state, through former President Rafael Correa Delgado, before concluding his mandate sent a bill that regulates acts of hatred and discrimination in social networks and the internet to the National Assembly. The bill aims at encouraging in-termediaries to remove illegal publications in a maximum of twenty-four hours. This project generates a conflict for internet companies by empowering them with an obligation to mediate, observe, evaluate and restrict the content published by third parties, having to adapt a mechanism in their system to comply with the provisions of the state and avoid exorbitant sanctions. It is important to note that after the law was proposed in Ecuador, several American countries took it as reference and regulated in their legislation the internet providers in order to remove the content of hate crimes and discrimination that their users spread. The methodology used is mixed-method, through inductive, deductive, analytical, synthetic, historical, logical methods, the technique of which was the survey of a sample of lawyers from the province of Tungurahua. The discussion revealed that the two bills rejected by the legislative body seek to regulate internet provider companies, as well as the penalties in the Comprehensive Organic Criminal Code for offenders who commit crimes on the web. Therefore, it is necessary to provide a solution to this legal problem to guarantee the rights to honor, good name, privacy, and dignity of people as well as third parties.