Social Networks and the Rights Inherent to the Personality. Reflections from the Field of Criminal Law

The development of new technologies, especially social networks, have allowed with their use individual and collective advantages eliminating barriers in the order of communications, however their use sometimes harms the rights of third parties; the management of these tools must be carried out with responsibility and respect for legal goods that are regulated within the legal system limiting their excessive use. Freedom of expression has a complex essence since it reflects the broad spectrum of communication of people, which can be more difficult nowadays with the development of technologies. The Cuban Constitution of 2019 recognizes freedom of expression as a fundamental right, therefore, regulating its use allows restricting the dominance currently exercised by these technologies of information, communication and social networks. The right to freedom of expression sustains from its legal affirmation exceptions that limit its full exercise, and that protect actions against those who abuse it. The arbitrary exercise of rights from the criminal sphere protects social relations and avoids placing rights above other recognized rights.