Revista Chilena de Derecho y Tecnología

Human rights, social networks and judicial protection:

Claudio Nash Rojas — 2024-05-04

This article analyzes the conflicts between human rights that arise in the context of the use of social networks. The current constitutional and legal regulations are reviewed; the jurisprudence is analyzed on two relevant topics, such as the right to be forgotten and funas or scratch; and, finally, some criteria are proposed for the resolution of cases in the national justice system so that it adapts to international standards on freedom of expression. The study seeks to demonstrate the deficits in legislation and judicial interpretation that are preventing the full enjoyment and exercise of freedom of expression through social networks in Chile and proposes some criteria that would allow this situation to be overcome.

La gestión de controversias por medios electrónicos en la ley 19.496.

Cristian Rojas Rojas — 2024-04-08

This paper reviews the changes introduced by Law 21,398 in dispute resolution mechanisms for the protection of consumer rights. It analyzes the scope of the legal authorization so that the dispute resolution system of Law 19,496 can be carried out by electronic means, which will promote the development of ODR (Online Dispute Resolution) mechanisms. The document advances in an operational conceptualization of ODR mechanisms aimed at formulating design proposals for an online consumer dispute resolution system in Chile.

Neuro-rights in Labor Law from the reform of Law 21.383 and its projection

Roberto Padilla Parga — 2024-04-08

With the reform of Law 21.383, an unprecedented global phenomenon occurs in the Chilean legal system through the constitutional recognition of neurorights. Considering that neurotechnologies project an influence on social life and that work plays a central role in it, it is appropriate to ask if there is any kind of effect of this right in the workplace and what can be said regarding the inclusion of neurorights in Labour Law. This text argues against the idea of proceeding immediately to the adoption of this proposal in the labor field in favor of exploring the options already existing in the legal system of the branch, those that protect the same legal rights that would be sought to be protected through this new category of rights, subtracting contribution.

The role of anonymity in online harmful conducts: is regulation the answer?

María Francisca Ossa Monge — 2024-04-19

The aim of this essay is to analyse the conflictive relationship between online anonymity and online harm, and whether there is a causality amongst these two features of today’s online ecosystems. Furthermore, we take a glimpse of the incipient regulation on this matter, mainly by the Digital Services Act in the EU and the Online Harms White Paper in the UK, as well as other proposed regulatory solutions given for this increasing problem for the current and new generations with the ever-expanding presence of Internet worldwide.

The effects of the use of algorithms in e-commerce and consumers

Natalia Bolivar-Gacitúa — 2024-03-05

This research describes some of the risks caused by the use of algorithms in electronic commerce (e-commerce) and analyzes the relationship between its use and the transformation of the structural vulnerability of consumers into hypervulnerability. The first and second part of the study describe the concept of algorithm, the operation of e-commerce and how the use of technology affects it. The third and fourth part explore the concept of hypervulnerability, specifically the hypervulnerability of the digital consumer; ending with the analysis of those situations of risk of vulnerability in electronic commerce (dark patterns), and the discrimination that affects digital consumers, due to price differentiation implemented by algorithms.

Democracy and control of content on the network: Special reference to Spain

Jhenny de Fátima Rivas Alberti — 2024-03-07

Freedom of expression and the right to information constitute fundamental elements for the existence of democracy, in particular, the right to information includes both the right to give and receive information. The arrival of new information and communications technologies has produced relevant changes in the ways in which people perceive and disseminate information, but they have also given rise to the conflict of fake news or disinformation processes. This article analyzes the traditional requirements of truthfulness and public relevance of the right to information, as well as the dissemination of news through social networks. In addition, the main legal and political responses are proposed to counteract the consequences of disinformation, with particular emphasis on digital information literacy and the use of artificial intelligence

Crowdlaw and Digital Parliament in Law-Making

Francisco Soto Barrientos — 2024-01-31

The present article aims to reflect on relevant experiences of citizen deliberation in processes of open normative creation through digital media that have been carried out in Chile - as forms of digital parliament and in the processes of participation in Chilean constituent processes -, within the context of its growing worldwide development to reconnect citizens with democratic political systems. The developments in Chile, as well as in comparative experience, show the need to regulate adequate deliberation and its impact on the processes of normative creation.