Freedom of speech and its digital transformation and protection: Guidelines and principles from the Inter-American Court Of Human Rights case-law and other human right protection bodies

This article examines the evolving landscape of freedom of expression
in the digital era, focusing on the challenges posed by hate speech and the regulatory roles of states and digital platforms. Drawing upon the case-law of the Inter-American Court of Human Rights and principles established by other international and regional human rights bodies, including a dialogue with European experiences, it analyzes the delicate balance between protecting free speech and countering harmful discourse online. In the context of the workshop and special dossier on “Digital Transformation and Innovative Solutions” of the Latin American Journal of European Studies, the article synthesizes key principles regarding permissible restrictions on expression—emphasizing legality, legitimacy, necessity, and proportionality—and explores the specific
responsibilities of digital intermediaries in moderating content while safeguarding fundamental rights. Ultimately, the article underscores the ongoing need for international cooperation and the development of guiding principles to navigate these complex issues, ensuring both the robust exercise of freedom of expression in digital spaces and the protection of democratic values against the dangers of online hate speech.