When sharing is a crime: not everything goes on social networks

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The dissemination of images and videos that compromise personal intimacy or dignity of those who appear in them can lead to imprisonment from three months to a year.We analyze with experts why they disclose and where are the limits.

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Have you ever wondered how many images and videos see, receive or share daily through social networks?The dissemination of these contents has become a common practice, driven by communication without limits that Internet provides and by an increasingly visual digital language.Generally, although its origin is not always known, these documents are ‘harmless’ -fotos of friends or family, curious videos, jokes...However, contents are also given that compromise the personal intimacy or dignity of those who appear in them.In these cases, disseminating them can be considered a crime and lead to legal consequences.

One of the recent cases that has revived the debate on the limits on social networks is that of Verónica, the 32 -year -old woman who committed suicide two weeks ago after being shared by WhatsApp among her co -workers a video of her content of her contentsexual.But this case, which has generated a great social impact because of its tragic outcome, is not an isolated event.Every day, images or videos that violate the privacy of people and that can cause irreparable damage circulate every day.

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The Criminal Code establishes imprisonment from three months to a year or fine of six to twelve months for whom “without authorization of the person affected, disseminates, reveals or yields to third parties an audiovisual images or recordings of the one who had obtained with his consent in his consent inan address or anywhere else outside the reach of third party's gaze, when the dissemination seriously undermines the personal intimacy of that person ”.In the same way, it includes prison sentences from six months to two years and a fine of six to twelve months for those who produce, distribute or sell “writings or any other kind of material or supports that are suitable for their content to injure the dignity of the dignity of thepeople for representing a serious humiliation, contempt or discredit ”for ideological, sexist, family situation, disease or disability, among others, among others.

Social control and power

The legislation is clear and forceful, so why are this type of practices carried out?“The gossip and the fister in the life of others is something that has been happening from the beginning of history, but before, the impact remained at the community level and, today, with social networks, the impact can be global”, Explains Celia Marcén, sociologist and professor and researcher at the San Jorge University.For the expert, that invasion of privacy is closely related to social control and the idea of power, hence this type of content is frequently used to extort or blackmail the victims: “Knowledge is power, which, with which, with which, with which, which, with which, with which, with which, which, with which, with which, with which, with which, which, with which, with which, with which, which, with which, with which, with which, which, with which, with which, withWho knows many things from others has a source of power to manipulate or exert pressure or control over that person.The gossip has always served to compare our lives with that of others and also with that function of social control and to procure those individuals who could show some type of deviant behavior ”.

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“Las redes evidencian la rapidez con que un problema que antes se podía quedar a un nivel muy local ahora se puede disparar y hacer mucho daño en tiempo récord”

However, with social networks, other factors have come into play, such as ignorance or lack of adaptation to these new communication channels."Technology has advanced so quickly that it has not given us time to establish social adaptation mechanisms, to know what consequences or regulate our behavior based on this," adds Celia Marcén.One of the main errors, especially in social networks such as WhatsApp, is the feeling of being in a private environment, when there really is a public diffusion (especially in groups) and content can expand quickly and massively, as notedMiguel Pérez Subías, president of the Internet Users Association: “Networks show the potential, the speed with which a problem that could previous.

Cybercase in the work environment

Paradigm of this situation is, perhaps, the case of Verónica.His suicide has made the alarms jump around the need to adapt the protocols for the prevention of harassment to the new social reality and to guarantee its application in the work environment."In 2007, when the Equality Law was promulgated, the issue of cyber attacks, social networks ... and the cyberbulching is more difficult to detect.Both companies and unions have to initiate awareness and updating procedures of these protocols to avoid cases of this type, ”acknowledges Pura Huerta, Secretary of Training and Employment and Coordinator of the Secretariat of Equality of UGT Aragón.

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In any case, if it was demonstrated that Iveco, the company where Verónica worked, did not act to stop this harassment, could have committed a "very serious infraction" and "the administrative sanction could reach the highest range to exceed 180.000 euros, ”says Diego Pascual, a member of the Governing Board of the Bar Association of Zaragoza.On the other hand, the victim's family would be the right to file a demand for "damages", both to the company and the workers who disseminated the video, which, apart from criminal responsibility, could be fired as a measureDisciplinary "for committing a crime within the company" and, therefore, without compensation.

Lack of awareness and education

But is the society aware of the consequences that the dissemination of certain contents can have?For the sociologist, the key is not so much in the legal sanction ("everyone is more or less aware that that can suppose a crime"), but in the social sanction, that is, "to do something that entails isolationor a recrimination in its nearby circle ”, and precisely the anonymity offered by some social networks favors the loss of fear of that social sanction, protecting those who spread harmful content.In those cases, "not only is it a crime," Marcén, "but, in addition, is not ethical or human because there is an intention of damaging the reputation or honor of a person".

"Ya no solamente es que sea un delito, sino que, además, no es ético ni humano porque hay una intencionalidad de dañar la reputación o el honor de una persona"

For the president of the Internet Users Association, the main problem is in the lack of awareness and training: “There is a lot of unconsciousness.No one tells us about the limits and, therefore, we are not sure where they are, both in adult and adolescent people, because they are given a tool as a mobile phone, but nobody teaches them how far and what are the consequences ”.Experts agree on the need to reinforce education in the digital environment, especially in the youngest, a group that especially worries about their high exposure on social networks and still being in the process of learning and adaptation.

Viral challenges among young people

In recent years, teenagers videos are frequent performing viral challenges that expose them in vulnerability situations.Perhaps the most recent case is the controversial ‘Death game’, which consists of strangling someone's neck until it is unconscious, while another records and hangs it on social networks.From the sociological point of view, this type of behavior (not so much the ‘game’ itself, but its dissemination on the Internet) is given by the growing need of young people to obtain social recognition in an increasingly broad and unknown environment.“The close environment has been lost and is being replaced by very large anonymous networks in which nobody knows who is who.Young people seek this recognition, that acceptance that was previously given in the group of friends and that today has been maximized, generating a dependency to how many ‘likes’ or followers I have.It is the model that the ‘influencers’ are representing, which show aesthetic or consumption capacity values, ”says Celia Marcén.

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From the Federation of Associations of Parents of Students of Aragon (FAPAR), they assure that they have not had a record of the dissemination of this type of videos in Aragonese centers, although they recognize that social networks is a subject that worries among the communityof parents: "We have not received any specific cases, but we carry out training talks continuously to students, teachers and parents".In these meetings, framed within the Master Plan of the Ministry of Interior and in which agents of the Civil Guard and the National Police and Psychologists participate, “the parents are affecting that they are vigilant and that they establish some parental control, and to the studentsThey are taught what can be shared and what does not and that not everything is truthful, in short, the good use of new technologies is transmitted ”.

Red lines

Education is key in this context, but also the regulations, which must adapt to the new digital environments and mark the limits.“The states and the great organisms will have to regulate with very marked red lines what are the rules of the game.And we have a huge work of formation of the new generations, but that process is exactly the same that is followed in the entire socialization process when a child attacks another simply because he wants to remove a toy and he has to learn that this is not rightAnd that damages his friend, ”recognizes the sociologist.

For the president of the Internet Users Association, it is the legislation that must mark those limitations and not necessarily the platforms themselves, to avoid “invading other rights” such as freedom of expression or information: “many times, even whenThe platforms put their limits, techniques are quickly developed to make fun of them, as on Instagram, which cannot be published naked, but they cover a little and pass the application filter.I am in favor of the fact that the law is established by the mechanisms that the jurisprudence establishes and that the platforms are neutral, and that if someone skip the law because it publishes something that is not lawful, it is the legislation that can allow that person to giveaccounts before legality ".

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