The Role of Social Networks in Electoral Campaigns: a legal and communicational analysis

Abstract

This article reviews the role played by social networks and internet search engines in the electoral campaign. Current regulations and the regulations that should exist have are analyzed. The method used is largely descriptive-analytical, which allows certain proposals to be made, especially at the end. It describes Ecuador’s legal and communicational reality regarding this issue as contrasted with other countries such as the United States, France, India and Australia. The case of Google and of the social networks—facebook, twitter, youtube and whatsapp—and their influence on the creation of trends and “conviction bubbles” is examined in greater depth. The six conclusions indicate how the old legislation created to regulate the use of traditional social communication in the electoral campaign is not applicable—and is even excluded in Ecuador, according to a Constitutional Court ruling—for digital media or media platforms. Even so, the general principles of the right to information must always be used.

KEYWORDS: social networks, advertising law, information law, fake news, conviction bubbles.

JEL CODE: D72, D83