https://hdl.handle.net/11000/5636 Tue, 07 Apr 2026 19:02:22 GMT 2026-04-07T19:02:22Z https://hdl.handle.net/11000/5993 Título : Freedom of expression in social media and criminalization of hate speech in spain: evolution, impact and empirical analysis of normative compliance and self-censorship Autor : Miró Llinares, Fernando; Gómez Bellvís, Ana B. Resumen : The popularization of social media as a forum for the expression of ideas and for political debate has increased in recent years the, always present, tension between freedom of expression and public control of offensive or dangerous speech. Many democratic states criminalise hate speech and other types of offensive expression, and now are social Media themselves that can exercise prior censorship over content on the basis of similar rules but much more restrictive and ambiguous. Combining normative analysis with empirical methodologies, this paper analyses, focusing on Spain, the implications that Criminal laws and "community guidelines" have on citizens' decisions to express themselves freely, which is fundamental for the configuration of a real democracy. It is made up of two studies: the first traces the evolution of judicial resolutions in Spain that prosecute possible crimes of terrorism and hate for political expression on social networks, as a result of the popularisation of these since 2014 in concurrence with a broad and ambiguous legislation. The results show a significant growth of state control over expressions that are essentially offensive but that, in most cases, do not represent a clear and present danger and could go beyond the doctrine of the ECHR. In the second part, an empirical study is carried out to analyse how the existence of hate speech crimes and social media rules affects the decision to express political ideas on social networks or to self-censor. The results show that a large part of the sample is self-censoring but that criminal law and content rules, in particular the severity of the law and the certainty that it is applied, do not have a direct effect on the decision to express ideas on the Internet, while the social perception of what others do is decisive. It is discussed how this calls into question the legitimacy of the evident limitation of freedom of expression of some crimes in Spain Wed, 06 May 2020 07:59:14 GMT https://hdl.handle.net/11000/5993 2020-05-06T07:59:14Z https://hdl.handle.net/11000/5642 Título : Perspectives on the infringement of intellectual property rights through illegal downloads Autor : Espigares Huete, José Carlos Resumen : Copyright infringement in cyberspace is an issue of extraordinary interest that has aroused serious concerns. In fact, because of the unusual profiles that cyberspace presents, it provides a window of opportunity that is conducive to infringing copyrights. The digitilization of a wide range of works, their communication, and the structure of the network has a decisive influence on the exercise of these rights. This is what happens, for example, with practices that involve illegally sharing files over the internet. Our regulatory framework, whose ultimate goal is to eradicate these behaviours, must be effective in their prevention, pursuit and punishment. But to date, the experience in Spain has brought to light the difficulty in reducing these types of behaviours, which is precisely the point that we would like to reflect on. Since, in our opinion, the owners of intellectual property rights can expect a more reassuring panorama in Spain in relation to direct claims against users who illegally download protected works. Thu, 23 Jan 2020 08:29:02 GMT https://hdl.handle.net/11000/5642 2020-01-23T08:29:02Z https://hdl.handle.net/11000/5641 Título : The board of the New Code of the Indies (1776-1820): Observations and clarifications for a revised interpretation Autor : Vallejo García-Hevia, José María Resumen : The study of the formation and the analysis of the content of the well-known New Code of Laws of the Indies, approved, sanctioned and promulgated by Carlos IV of Spain in 1792, but not wholly and generally published, permits new conclusions and a renewed historiographical interpretation about its origin, development and the reasons behind the secrecy of it being in force, with the exception of twelve of its laws, ordered to be applied by the by governmental and judicial authorities of the Indies between 1789 and 1804. Years earlier, in 1776, Carlos III, the King of Spain, had ordered the century-old Law code of the Indies (1680) to be added to and enlightened with the provisions which would be enacted at a later time. However, out of the nine books compiled by order of Carlos II in the late 17th Century, only Book I ended up being proposed and finally accepted by the Board of the New Code created for this purpose in the late 18th Century. This Book was a compilation of Bourbon legislation of the ecclesiastical government of America, which revolved around its key institution the ‘Patronato Real’. Consultation of the preserved minutes of this Board (1776-1785), together with the project of Book I, proposed by Juan Crisóstomo de Ansotegui (1780), among other documentary sources, enables many unanswered questions overshadowing this legislative work to be clarified: why it is an anachronic and partially official Compilation and not a complete enlightened code of laws; the reasons for the Board’s slowness in its disputes with the Royal Council of the Indies; finally, the real causes, beyond traditional ‘regalismo’, for the New Law Code not to be published, when the French Revolution of 1789 reverberated throughout Europe and threatened the stability of its ancient absolutist Monarchies. Wed, 22 Jan 2020 14:16:35 GMT https://hdl.handle.net/11000/5641 2020-01-22T14:16:35Z https://hdl.handle.net/11000/5640 Título : Ineligible witnesses according to castilian territorial legislation Autor : Pino Abad, Miguel Resumen : Since the 13th century, there has been a detailed regulation of witness evidence in the legal system. This most certainly arose because of the strong misgivings of the legislator of the time in the light of past experience, when prevailing circumstances forced council authorities to allow all subjective means of evidence to have a greater role. Among these forms of evidence are the testimonies of individuals unconnected to the procedural relationship. What this ultimately demonstrated on many occasions was that their falsehood, a product of a bribe, friendship, enmity, kinship or simple ineptitude, led judges to rule in favour of litigants when in fact they should not have done so. Wed, 22 Jan 2020 13:57:49 GMT https://hdl.handle.net/11000/5640 2020-01-22T13:57:49Z https://hdl.handle.net/11000/5639 Título : Practical applicability of the delegation of powers in capital companies (An approach to the questions raised in Spanish Law) Autor : Ortiz del Valle, Mª Carmen Resumen : Commercial Law, in particular Company Law, is subject to continual changes due to the constant need to adapt to reality. Proof of this is the reform of the Capital Companies Law under Law 31/2014 of 3 December, which amends the Capital Companies Law in order to improve corporate governance. The aim of this reform is to improve the corporate governance of corporations. One of the measures taken to do this is to strengthen the role of the board of directors as supervisor of the actions performed by executive directors. Some of the changes included to meet this objective are the board’s obligation to meet quarterly, an increase in the number of non-delegable powers, and the need for the CEO’s or an executive director’s relation within the company to be reflected in a contract approved by the board of directors. In this article, we aim to analyse the above points. Wed, 22 Jan 2020 13:49:06 GMT https://hdl.handle.net/11000/5639 2020-01-22T13:49:06Z https://hdl.handle.net/11000/5638 Título : The catalan legal tradition (the value of interpretation and the weight of history) Autor : Pérez Collados, José María Resumen : On 30th December 2002 the Catalan Parliament promulgated the first law of the Civil Code of Catalonia. Its main objective, as stated in the preamble, is to ‘establish the structure, the basic content and the procedural processes of the Civil Code of Catalonia’. This law also introduced the first of the six books that were to set out the Catalan Civil Code. Wed, 22 Jan 2020 13:33:48 GMT https://hdl.handle.net/11000/5638 2020-01-22T13:33:48Z