Resumo

CANTORAL DOMINGUEZ, Karla. Non-material damage in social media: its procedural treatment in comparative law. Rev. IUS [online]. 2020, vol.14, n.46, pp.163-182.  Epub 02-Dez-2020. ISSN 1870-2147.

One of the challenges of internet use is the abusive exercise of freedom of expression in social media and the uncertainty generated by the extraterritoriality of the internet in the process of enforcing a legal system, especially when personality rights are infringed/violated.

This article aims to evaluate, by means of comparative law and case studies, the elements of non-material damages proceedings in order to define the mechanisms for the protection of the individual in the context of publications on social media that constitute infringements of their dignity by means of damages inflicted to honour, intimacy and image. This paper used analytical doctrine, comparative law and case study methods to identify the measures used in this type of case in two countries with the same legal tradition: Mexico and Spain.

Palavras-chave : Non-material damages; social networks; comprehensive compensation; right to honor; freedom of expression.

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