CONSIDERACIONES POLÍTICO CRIMINALES EN TORNO A LOS LÍMITES PENALES DEL CIBERACTIVISMO

The introduction in the reform bill of the Spanish Criminal Code of the new offenses of distribution or public dissemination of messages or slogans and of interruption of public services brings about, by means of a regulation of public order, an indirect restriction of political and / or social participation through Internet. This perspective poses an interesting framework for reflection about the potential effectiveness of such a regulation, analyzed from a predominantly theoretical perspective, set against the corresponding social costs, in terms of discouragement in the exercise of political freedoms by population groups that make a widespread and frequent use of ICT and social media as participation tools.