Derecom. Derecho de la Comunicación y de Nuevas Tecnologías
La Revista Derecom. Derecho de la Comunicación y de las Nuevas Tecnologías (ISSN-e 1988-2629) cumplirá 25 años en 2026, como publicación divulgativa, primero, y académica, desde el año 2010, centrada en el Derecho de la Información, y desde septiembre de 2019, abierta a los contenidos relacionados con las nuevas tecnologías y la inteligencia artificial aplicadas a las Ciencias Sociales, principalmente. Buscamos, en la medida de lo posible, al menos, una perspectiva formal iusinformativa en los trabajos que se envíen a la Redacción.
In order to support the global exchange of knowledge, the journal Derecom. Derecho de la Comunicación is allowing unrestricted access to its content as from its publication in this electronic edition, and as such it is an open-access journal. The originals published in this journal are the property of the Complutense University of Madrid and any reproduction thereof in full or in part must cite the source. All content is distributed under a Creative Commons Attribution 4.0 use and distribution licence (CC BY 4.0). This circumstance must be expressly stated in these terms where necessary. You can view the summary and the complete legal text of the licence.
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Reflection on the Development of a Hybrid Regulatory Framework for Works Generated by Artificial Intelligence: Preserving the Essence of Copyright Law
The rapid advancement of generative artificial intelligence has challenged the core principles of copyright law, which have traditionally centered on human authorship. This research examines the viability of a hybrid regulatory framework that protects AI-generated works without undermining the foundations of the current legal system. Through a comparative legal approach, key cases from the U.S., China, and the United Kingdom are analyzed, along with proposals from international organizations. Alternatives such as sui generis rights and functional authorship are explored. The study concludes by proposing the feasibility of a hybrid regulation capable of balancing technological innovation with the protection of human creativity.
Copyright (c) 2025 Derecom. Derecho de la Comunicación y de Nuevas Tecnologías
Application of artificial intelligence to improve participation in higher university teaching
Lack of student participation can be caused, among other factors, by a lack of self-esteem. Many of the innovative methodologies that the most innovative higher education institutions are betting on are based on student participation. Thus, Flipped Learning, Problem-Based Learning, Collaborative Learning, etc., are nourished by student participation to create feedback that facilitates learning. This is aligned with Sustainable Development Goal 4 (ensure inclusive, equitable and quality education and promote learning opportunities). In this paper we present as an example two basic AI tools (Autodraw and Clips) that facilitate student participation in courses and activities. This intervention proposal has been carried out through an experimental test, which is analyzed in this work. Two groups of students are presented, one with the stimulus of AI and another without this stimulus. The findings show the impact of AI on improving student participation, increasing creativity, learning outcomes, and building confidence in shy or less skilled people.
Digital Citizenship: Influence of Instagram on Teenagers' Self-Esteem and Social Approval in Chiapas, Mexico
In this study we analyze, from the perspective of digital citizenship, the relationship between Instagram use, self-esteem, and the search for social approval among high school students in Chiapas, Mexico. Using a quantitative design and a sample of 262 students, three validated instruments were applied: the Adolescent Self-Esteem Scale (Niebla et al., 2011), which measure affective, cognitive, and social dimensions; the Social Comparison Orientation Scale (INCOM), adapted by Gibbons and Buunk (1999) and validated by Buunk et al. (2005); and a Questionnaire on Instagram Use and Interaction based on Stapleton et al. (2017). The analysis included descriptive statistics and gender comparisons. The results show that 85.9% of the sample uses Instagram on a daily basis, consolidating it as a hub for digital youth socialization. Although generally favourable levels of self-esteem were identified (e.g., “I like myself as I am,” M = 3.65), vulnerabilities persist: 13% of men and 5.3% of women reported dissatisfaction with their appearance, and 35.1% of men and 28.3% of women perceived themselves as academically incompetent. In addition, around 20% rely heavily on “likes” and comments to validate their self-image. Gender differences are evident: women prioritize appearance and external approval, while men report greater academic and peer pressure. These findings, situated in a specific sociocultural context in southern Mexico, reinforce the need to integrate digital citizenship into upper secondary education, with pedagogical proposals that strengthen emotional self-regulation, critical thinking, and the construction of more autonomous and resilient digital identities.
Jurisdictional disputes over media competences in Spain (1982-2019)
The distribution of powers between the State and the autonomous communities, established in the Spanish Constitution of 1978, has in practice given rise to jurisdictional disputes between the two bodies, which can be resolved through two procedures before the Constitutional Court: the conflict of jurisdiction and the appeal for unconstitutionality. In this article, we will identify, for the first time, the constitutional judgments issued to resolve jurisdictional disputes in matters relating to the media between 1982 and 2019, that is, from the first judgment on the matter issued after the Court's constitution until the end of the 12th legislative term. We will analyze the parties involved in these disputes, the subject matters, and the outcome of the rulings.
Artificial Intelligence Against Structural Corruption: Early Detection in Public Administration
This study examines the use of artificial intelligence (AI) to detect structural corruption in public administration, a systemic phenomenon undermining institutions. Through a comparative analysis, it evaluates AI applications in Colombia (VigIA), Mexico (Percephtor), Peru (SISE), and other contexts. Ethical risks, such as algorithmic biases and privacy violations, are identified, proposing normative reforms to safeguard fundamental rights. The findings highlight AI’s potential, with human oversight, to enhance transparency and prevent corruption, contributing to the debate on law, technology, and communication.
Racism and Hate Speech Against Ecuadorian Indigenous Peoples: A Study in Algorithmic Environments
Structural offline racism, which Ecuadorian Indigenous peoples have historically suffered since colonial times, has migrated to social media, where it carries an even more virulent charge through hate speech. The most significant surges have occurred during recent national protests led by Indigenous organizations, as well as due to the increasingly active participation of Indigenous representatives in Ecuador’s democratic elections. In this study, 30 posts from the social network X were selected, all of which contain elements that, at first glance, can be classified as racist and discriminatory. With the assistance of artificial intelligence tools (ChatGPT and Grok), these posts were examined more thoroughly using a mixed-method approach, combining sentiment analysis and semantic analysis. The results showed that the comments and discourse against Indigenous peoples contained a total of 65 negative sentiments. Additionally, there was a predominance of words and phrases referring to historical and cultural stereotypes, as well as demeaning and devaluing language directed at the Indigenous peoples and nationalities of Ecuador. The analysis confirmed that a pejorative and discriminatory discourse is still being wielded against Indigenous groups in the country—one that refuses to acknowledge their presence in the national political landscape and rejects their legitimacy as political actors capable of assuming important roles in the nation.
Technological Development as a Key Success Factor for Sustainable Entrepreneurship in Mexico
In the growing global concern for environmental impact, this study analyzes how technological development, aligned with sustainability principles, is positioned as a key factor for the success of sustainable entrepreneurship in Mexico. Through a bibliometric analysis and a frequency matrix, we examine coincidences in recent literature (2019-2024), using Dimensions.IA software, highlighting technology as a main node in conceptual networks on sustainable entrepreneurship. Although in the classic literature technology development was not considered a key element, this study highlights its transformative role in achieving the Sustainable Development Goals (SDGs) and meeting Environmental, Social and Governance (ESG) criteria. It also explores case studies of national and international companies that have implemented technological solutions adapted to local barriers and opportunities, proving that technological development and sustainable entrepreneurship represent the future of economic growth. This approach allows the identification of effective strategies to promote economic and environmental improvement, consolidating technological development as a fundamental pillar of sustainable entrepreneurship in Mexico.
Review of public opinion preferences regarding digital platforms and conventional media as a source of information
The emergence of ICTs (Information and Communication Technologies) in our lives has given us the opportunity to expand the ways we communicate, stay informed, and interact through search engines, social media, internet platforms, television, radio, telephones, and messaging apps. Not all of us choose the same medium for our information, and the various studies analysing these technologies show us consumer trends. Conventional media must reinvent themselves if they want to survive the advance of digital options, which don't always offer the best information, as we will see in the surveys conducted by various institutions consulted. We have a wide range to choose from, but we are also exposed to misinformation, propaganda, advertising, and information overload. There are more channels with less verification of the veracity of news, more opinion than information, and plagiarism, without citing the source, has multiplied. Consumers' choice of when consulting information is not always arbitrary. The platforms we use already know what type of digital content we use through their feeds. Furthermore, the media face fierce competition to capture audiences and maintain the loyalty of the public—those who read, listen, or watch them—and it is they, in the interest of retaining those consumers, who determine what is and what is not important to the public. We will see that digital platforms are widely accepted but also generate scepticism among users who do not see their privacy protected when providing their personal data. Although the transfer of our data is subject to regulations, which we discuss in this paper, these are not always enforced by companies. We have analysed and compared the most recent reports on these issues to see what public opinion holds about these platforms and how they have evolved.
Copyright (c) 2026 Derecom. Derecho de la Comunicación y de Nuevas Tecnologías
Sánchez Ferriz, Remedio: Estudios sobre las libertades públicas en el ordenamiento constitucional español (la voz de la sociedad civil), Tirant lo Blanch, Valencia, 2023, 384 pages.
Ethics in the Communication of Public Gambling in Spain: The Case of SELAE and ONCE
The study examines, from the perspective of communication ethics, the differential treatment granted by Spanish regulation to public gambling communications, specifically those of the State Society of Lotteries and Betting (SELAE) and the National Organisation of Spanish Blind People (ONCE). In the additional provisions of the law, a more lenient regime is justified on the basis of these institutions’ identity and tradition. The research analyses the consistency of these legal exemptions with the principles of transparency, accountability and truthfulness set out in the codes of conduct. Through a critical review of the legislation, a survey of the existing literature, and semi-structured interviews with industry professionals and academics, the study identifies the justifications provided by the law and the potential ethical inconsistencies they entail. It offers a qualitative perspective on how the privileges afforded to public entities in their communications legislation may come into conflict with advertising ethics standards, particularly regarding the protection of vulnerable groups. Finally, it discusses the regulatory implications and concludes that the principal controversy lies not in the validity of the legal exemption, but in the absence of a coherent deontological framework to support it, which may pose an ethical dilemma for communication practitioners.
FIMI analysis of disinformation in the 2023 Spanish elections: objectives, channels and narratives to damage confidence in the electoral system
Contemporary electoral processes take place in a completely digitized information ecosystem, through social media platforms and algorithmic tools that have put an end to the editorial intermediation of legacy media. In a scenario where regulation is still emergent, and where institutions are progressively adapting to technological transformation, the electoral system is highly vulnerable to manipulative narratives and disinformation flooding the public debate. In order to gather evidence of information disorders in an electoral context, the Observatorio Complutense de Desinformación developed a methodology, adapted from the European External Action Service’s FIMI taxonomy, and applied it in election observation missions in 14 countries. This particular study shows the results of that observation in the Spanish elections of 2023, where the goal of delegitimizing certain aspects of the electoral process was identified, using Whatsapp as the main distribution channel. The reactions and measures against electoral hoaxes were strong from civil society, but response from social media platforms and state institutions should be improved. In the discussion, this paper first analyzes what was observed, to then offer recommendations to improve the response capacity of all the actors of the democratic system, who, in the face of a multifaceted threat such as disinformation, must act in collaboration.
Artificial Intelligence in educational contexts: ethical uses of information and digital literacy
The proliferation of digital technologies, including Artificial Intelligence (AI), has transformed the way we access, process and share information. However, this mutation has also intensified problems such as misinformation, difficulties in verifying information and possible unethical uses of AI, especially in educational and academic research contexts, as well as the danger of diminishing students' linguistic expression capabilities and their independent thinking. In this paper we explore how these dynamics affect education, the challenges that students and teachers must overcome, and strategies to mitigate these risks, highlighting digital literacy.
Word Crimes: an approach to forensic linguistics in digital discourse
Where does the joke or discourtesy end and the crime begins? The advent of digitalization and globalization have given power and spaces for expression to each individual and group voice. However, mass communication shows cracks and imbalances in the use of that freedom, which is also a right: the word is often used without being aware of its legal implications. Although it is an advance that we can all express ourselves freely in any forum or network, the truth is that the effect of inadequate intervention is not sufficiently known, especially among the younger generations. For example, in the face of threats, hate speech, false accusations, insults, slander, falsehood, offense, libel, defamation, do we know their social scope (Fairclough, 1995) and their corresponding penalties? The aim of this paper is to review the current relationship between laws and the uses that proliferate in digital media. After collecting statistical data and studying cases, it is deduced that it is urgent to inform about the risks and the typified crimes, to teach and promote good practices and ethical alternatives, in addition to promoting channels to preserve a free expression exercised as a conscious right and free of criminal risks. In this sense, studies of linguistic awareness (Van Lier, 1996) and linguistic sensitivity (Silvestre & Pardo, 2024) come to fill this niche.
The Metamorphosis of Truth: Deepfakes and the challenge of authenticity in digital society
Embedded in the current technological revolution, Artificial Intelligence (AI) and deepfakes have emerged as powerful tools, not only facilitating the creation of content but also having the potential to distort reality like never before. Deepfakes, which combine advanced deep learning techniques with the ability to generate fake images, videos, and audio, can pose a significant threat to the veracity of information as well as the fundamental rights of individuals. This article aims to provide a deep understanding of how deepfakes are redefining the information landscape. Through a comprehensive literature review, the concept of deepfake and the underlying technologies, their social and ethical impact, and potential detection and mitigation measures will be examined. Ultimately, their legal implications will be discussed, and recent statistics and examples illustrating the magnitude of this phenomenon will be presented. Among the main conclusions drawn from the review conducted in this article, the importance of addressing the challenges posed by deepfakes from multiple fronts, including technology, legislation, and education, to protect the integrity of information in the digital age is highlighted.
Artificial Intelligence from a critical perspective: Generative AI as a tool for information and knowledge transmission
Artificial Intelligence (AI) has complemented human tasks by being a tool that speeds up data processing and provides information in an effective way, reducing the response times of computer systems. The generative capability of AI is part of technological evolution and brings about a change in the relationship between humans and AI. Generative AI has been presented as a mechanism to promote the democratization and diversity of AI through a process of learning from interaction with users, which implies a constant improvement of its capabilities. From these characteristics of generative AI, arises a question about the models of sociological references, cultural diversity and human rights that have been implemented or not in the main open-access AI platforms. To develop this research, the responses of the main AI-based chatbot platforms on issues related to other cultures, non-traditional knowledge, worldviews and non-Western ways of life are analyzed, approaching this topic from a critical, social and human perspective. As a result, generative AI does not recognize members of society who do not have the resources or time to be part of the AI learning process. As a consequence, the sources of information are reduced, those who do not participate in the technological advances are made invisible and gaps are established into more inequalities in society.
Addressing legal disinformation: What the right to self-determination is and how it applies to Catalonia
The deep polarization that Spanish society is experiencing around the Catalan issue makes it urgent and necessary to put an end to the conceptual confusion surrounding the expression "right to self-determination." The conflation of self-determination with secession has generated a public debate marked by misinformation and, in many cases, the manipulation of legal language. This article aims to contribute to a democratic debate grounded in rigorous information rather than in the distortion—intentional or not—of key legal terms. Using a methodological triangulation that includes a literature review, in-depth interviews with experts, and a survey of international law specialists, the article analyses the roots of legal misinformation about self-determination and its impact on political and media discourse. The results show that the lack of conceptual clarity hinders informed decision-making and reinforces ideological confrontation. The article argues for the need to clarify the legal meaning of self-determination within the Spanish constitutional framework and international law, to ensure that positions for or against Catalan independence are expressed based on knowledge, not on misinterpretations or biased narratives. In this sense, the article highlights the role of Law as a tool to strengthen democratic quality and prevent social polarization from feeding on falsehoods or legal oversimplifications.
Artificial Intelligence and female-focused advertising. Dove: A case study
This paper critically examines the evolving landscape of advertising by contrasting classical scholarship with emerging trends, particularly the role of artificial intelligence in reshaping women's self-perception and self-esteem through media and social networks. Through a comparative analysis, three key spheres emerge: aesthetic, legal, and ethical. The aesthetic sphere reveals a paradigm shift in beauty standards, driven by hyper-real imagery and the relentless promotion of products promising self-enhancement. The legal sphere interrogates the fine line between advertising and deception, exposing how beauty-centric marketing perpetuates the illusion that happiness is attainable through appearance alone. The ethical sphere highlights the troubling dichotomy of adultification and infantilization, both of which fuel an unrealistic, unattainable beauty ideal that disproportionately impacts women and girls. Findings from this analysis, including the Dove case study, underscore how deep-rooted prejudices, stigmas, and stereotypes persist despite diversity and inclusion initiatives. While artificial intelligence appears to neutralize these biases on the surface, it ultimately reinforces them, prioritizing aesthetic appeal over authentic self-worth. This phenomenon aligns with a broader culture of utilitarian hedonism, where self-esteem is commodified, and beauty remains a powerful yet elusive currency. As a result, generative AI does not recognize members of society who do not have the resources or time to be part of the AI learning process. As a consequence, the sources of information are reduced, those who do not participate in the technological advances are made invisible and gaps are established into more inequalities in society.
“Creating” an audit to check the ethics of Artificial Intelligence
In this paper we focus on creating an audit to verify the ethics in artificial intelligence (AI) as it turns out to be the third pillar of AI alongside legal and technical issues. Precisely because of the importance of auditing the ethics behind AI decisions, the author uses ChatGPT to propose an ethical audit based initially on addressing eight essential questions, namely: How is it ensured that the data used to train the AI is free from discriminatory biases?; What mechanisms are in place for users affected by AI decisions to appeal biased decisions?; What measures are implemented to prevent models from generating offensive or harmful content?; How is the use of AI managed to prevent its abuse in creating deepfakes or manipulating images and videos?; How is it ensured that the data used to train the AI complies with data protection regulations such as GDPR?; How is the environmental impact of training AI models managed?; What measures are implemented to ensure that AI is not used for malicious purposes?; What measures are taken to protect minors from exposure to AI that may negatively influence their development? The goal of the paper is to lay the foundations for an AI ethics audit, ensuring that ethics is integrated into the DNA of any designed AI.
Practical summary of the Artificial Intelligence Regulation: 5 Key Points for 2025
In this article, an analysis of five essential aspects of the Artificial Intelligence Regulation (AIR) for 2025 is provided. Firstly, the RIA's objective of promoting a human-centered and reliable AI is highlighted. Secondly, it is noted that the regulation's scope goes beyond AI creators, including all operators and those responsible for its implementation. The third point addresses the importance of clear definitions to ensure compliance with the RIA. Fourthly, it is emphasized that certain AI practices are explicitly prohibited to prevent harm and discrimination. The fifth key aspect is the need for information and transparency, as these are essential and non-negotiable elements according to the AIR. Additionally, in the paper we mention key dates for the regulation's implementation, and we provide a brief reference to the infractions and sanctions foreseen. In conclusion, it is emphasized that the true key of the AIR is to ensure a human-centered AI, prioritizing ethics and the protection of human rights.
Nexus. Una breve historia de las redes de información desde la Edad de Piedra hasta la IA. Yuval Noah Harari, 602 páginas. 2024, Debate
With a style accessible to all audiences, Nexus proposes a broad reflection on the challenges brought by artificial intelligence, one of the most profound disruptions in the history of humanity, perhaps above the birth of agriculture, the origin of civilizations or the invention of writing.