Deliberate Disinformation by Public Authorities and the Right to Freedom of Expression

Abstract

Deliberate disinformation by public authorities about events of public interest is a current phenomenon that affects the social coexistence. This analysis will include Inter-American, European and Universal standards regarding freedom of expression and possible solutions to this problem. In Ecuador, there are regulations that could be applied, but so far, no case has appeared in the justice system. This problematic is going to be analyzed through a case study from Ecuador, in which ended up in starting a writ of amparo as a measure of subsequent responsibility (less burdensome than civil and criminal) applicable to the deliberate disinformation originated in these state actors. To sum up, deliberate misinformation by public authorities may mean a violation of the right to freedom of expression and constitute an excessive restriction on its exercise.