Revistes Catalanes amb Accés Obert (RACO)

(In)justicia digital

Josep Lluís Micó


When courts administer justice, they are making decisions of a political nature. The sentences pronounced by judges and magistrates help to configure the framework of harmonious coexistence en the society of each country. Their juridical action resolves the primary conflicts unleashed in new areas or disciplines, however far these may be from the field of the Law. This happens, for example, with journalism on the Internet. However, in this case, the journalists will also have to intervene in these controversies in order to arrive at ethical and appropriate solutions based strictly on professional criteria. It is at this point that the need for both clear and flexible self-regulation is born. Otherwise, injustices will be committed that are endorsed by current legislation. Two recent cases have led us to this conclusion. Although the sentence was partially overturned, an American judge determined that the authors of supposedly informative weblogs did not enjoy the same rights as professional journalists and attempted to oblige three bloggers (the authors of Thinksecret, PowerPage and Apple Insider) to reveal their sources. Furthermore, in another sentence which was also not definitive, a Spanish magistrate decreed that the photographers for the newspaper ‘La Vanguardia’ should be paid extra for the use of their work in the on-line edition of the paper.

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ISSN paper: 1138-3305. ISSN electrònic: 2340-5007

Facultat de Comunicació Blanquerna. Universitat Ramon Llull.