El Tribunal Constitucional se pronuncia sobre las plataformas de intermediación en InternetComentario a la STC núm. 83/2023, de 4 de julio

Resumo

In this article, the author analyses Constitutional Court Judgment no. 83/2023, of the 4th of July, which ruled on an appeal for amparo, thus called, for violation of the fundamental rights to freedom of expression and effective judicial protection. The context in which the case under study is set is that of communicative freedoms exercised through the Internet, in particular, through intermediary service platforms. The Judgment reviews the Constitutional Court doctrine on the matter, highlighting some fresh issues such as the questioning of the neutrality of this type of platforms and the express recognition of their standing to bring an action for protection in defence of their users' right to freedom of expression. Finally, it also invites to reflect on the true legal nature of this type of entities, based on the material functions they perform.