USER ACCOUNT EXCLUSION ON SOCIAL MEDIA AND THE FUNDAMENTAL DUTY TO RESPECT THE ADVERSARIAL PRINCIPLE AND THE RIGHT TO PRESENT A FULL DEFENSE

AN ANALYSIS IN LIGHT OF THE HORIZONTAL EFFECTIVENESS OF FUNDAMENTAL RIGHTS

Abstract

The present article analyzes if respecting the adversarial principle and respecting the right to present a full defense constitute fundamental duties when Social Media exclude user accounts. It argues issues pertaining to Social Media, first dimension fundamental rights, subjective and objective perspectives on fundamental rights, their correlation to fundamental duties and to horizontal effectiveness of fundamental rights, and how the Supreme Court has been deciding the issue in their precedents. The research was developed by using the deductive method. In the end, we conclude that the guarantee of the adversarial principle and the guarantee of presenting a full defense are fundamental duties imposed on Social Media when excluding user accounts.

Keywords: Full defense. Adversarial principle. Fundamental duty. Fundamental right. Horizontal effectiveness.