Responsabilidad Civil derivada de la actividad periodística
- Martínez Padilla, Ramón
- Elena Vicente Domingo Director
Defence university: Universidad de Burgos
Year of defence: 2012
- María Teresa Carrancho Herrero Chair
- Amable Corcuera Torres Secretary
- Miguel Ángel Sendín García Committee member
- Carlos Carbajo Nogal Committee member
- Estefanía Jerónimo Sánchez-Beato Committee member
Type: Thesis
Abstract
The evolution of technology has achieved communication with no distances; thus resulting on instant information susceptible of arriving massively. This surprising phenomenon of mass diffusion reveals an element that intensifies the tort produced by the perpetration of �Journalistic Contumely�. Its historical antecedent (�atrox iniuria�) explains that this occurs when there is a spread of offensive, inaccurate, non-verified information, or a true but degrading information or injurious, defamatory, scathing remarks about a specific person, that violates personality rights under the shield of freedom of speech or the right to be informed exercised by the journalist in a privileged way, and disseminated by the media company. According to the Latin locution: �non iniuria, sed publica iniuria� and under the premise of �Freedom of Speech is not freedom to offend�, the civil liability arises from the perpetration of �Journalistic Contumely�, a fatal presumption for tort, whose protagonists: the journalist and the media company, should be liable, each one on their own action, for the resulting damages.