Defamation on social media and the right to honor: a systematic review

Abstract

This study aimed to analyze the literature on defamation on social media and to identify normative, jurisprudential, and remedial criteria that could contribute to the protection of one’s reputation in Peru. To this end, a systematized legal-documentary review was conducted, based on 30 articles published between 2012 and 2026, retrieved from SciELO, Redalyc, Dialnet, DOAJ, and other platforms providing verifiable metadata. The search combined terms in both Spanish and English, while the selection of sources relied on pre-defined criteria, a data extraction matrix, and an “ad hoc” critical assessment focused on five domains. The findings were organized into five main thematic areas: the balancing of the right to reputation against freedom of expression; the proportionality of criminal law responses; civil remedies, rectification, and anti-SLAPP measures; the determination of authorship, jurisdiction, and intermediary liability; and the challenges posed by artificial intelligence and deepfakes. In the Peruvian context, there is a notable lack of uniform criteria for assessing the severity of an attack, the degree of public interest, the level of diligence, the extent of dissemination, the handling of digital evidence, and the appropriate forms of reparation. Consequently, a tiered model is proposed that prioritizes rectification, the removal or correction of content, and civil redress, while reserving criminal law for serious, intentional misconduct. Furthermore, it is recommended that the authentication of digital evidence be strengthened and that discourse concerning matters of public interest be protected.