Freedom of Speech, Privacy, and Ethical and Social Responsibility in Democracy in the Digital Age

Introduction

In the history of mankind, there has never been so much talk of communication as it is today. "Communication is normative and communicating – it is common – which should not be in the domain of the private. It consists in putting into practice the political connection of birth and it is by the right that it creates separation and produces the otherness that allows identification", (Sfez: 1994, 117). However, it should be noted that the word communication has its origin in Latin communico, communicas, communicare, communicavi, communicatum, which means to put in common, inform, participate, share with others.

Communicating is but giving to others what is in the public domain. Thus, the act of communicating itself is seen legally as a right and a duty. It is a right granted, by the Constitution of each civilized country, to all members of society. On the other hand, it is a duty that falls on journalistic activity when it comes to giving information that is useful to the public and that, in democracy, citizens are entitled to today. Communication invades all sectors of society. Allied to communication, is the idea of informing, which presupposes a type of activity, where the dissemination of new content, is permanent.

In all sectors of society, information is an indispensable component. It is associated with politics, science, business, capital markets, education, scientific research, justice and, of course, journalists' own activities. Among the most diverse forms of transmission and dissemination of informative content, we highlight journalism. No one doubts that it is today through the media that the majority of citizens have contact with the informative reality, from which the reality of the world is constructed. Radio, television, newspapers, and online media play an important role in bringing citizens closer to the reality of events that take place daily in the various parts of the world through the mass dissemination of news products.

Although society works based on the flow of information, not all sectors are keeping pace with information. The notion of time in journalism and the perception of time in the judicial system are two completely different realities. Contrary to what was expected, journalism and justice go hand in hand. The themes related to justice are framed in what are defined as criteria of newsability, so they arouse a great interest within the journalistic community. They often respond to the public interest and, almost always, also to their own interest and the market.

That is why more and more journalists are interested in covering the great events linked to justice. They are matters that almost always converge various news values and respond to a number of interests that current journalism is obliged to satisfy. However, in the face of this great agitation within the journalistic community in achieving "first", which often implies ignoring the most basic precepts of the codes of Ethics and Professional Deontology, the judicial system ends up collaborating by providing journalists with the necessary elements for the construction and dissemination of news. Journalists often turn to anonymous sources, which in turn provide a lot of information that goes against the professional rigour that journalism requires, since the information they provide often does not match the truth at all. However, it should be noted that it is market pressure that leads journalists to violate not only the secrecy of justice, but also other constitutionally enshrined rights, such as the fundamental rights of the human person, in the coverage of judicial cases.

According to Article 12 of the Universal Declaration of Human Rights, "no one will suffer arbitrary intrusions into your private life, your family, your home or in your correspondence, or attacks on your honor and reputation. Against such intrusions or attacks everyone has the right to the protection of the law."