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Social media star challenges censorship ruling

#FreeToShare

Topic | Freedom of Speech

Are we allowed to share Christian views on social media? The Constitutional Court will have to answer this question, at least for Colombia. Responding to a viewer’s question in an “Ask Me Anything” video, social media star Erika “Kika” Nieto had shared her views on marriage while expressing tolerance for all other views.

After an activist complained about the clip, a national court denied her right to freedom of expression by ordering her to remove the video. Nieto is now seeking to have the Colombian Constitutional Court uphold her right to freely share her opinions online.

Who:
Kika Nieto

Where:
Supreme Court of Chile

Advocacy Team:
Tomas Henriquez, Robert Clarke

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"Everyone should be free to share their beliefs in public. No one should be censored or fear criminal sanctions just for posting a video. By speaking out, I hope to inspire more tolerance of different opinions."

Case Summary

In a separate case that arose from the same video, the Colombian Constitutional Court has already ruled that Nieto’s speech on marriage is constitutionally protected. However, another activist took Nieto to court, complaining that this same comment about marriage was offensive and discriminatory. This time, a lower court considered the video to contain “hate speech” and thus ordered its removal from YouTube. The Colombian NGO Nueva Democracia — a civil society platform advocating for freedom of expression and other fundamental rights — is representing Nieto in the current case. They now ask the Constitutional Court to uphold fundamental freedoms and overturn the lower court’s decision. ADF International is supporting Nueva Democracia. In June 2021, the Colombian Constitutional Court decided to accept the case for review. See Kika’s video sharing her story above. “Freedom of speech is a fundamental right that is coming under increasing fire in today’s ‘cancel culture’. Nieto’s case shows that the freedom to share what we believe must be properly protected. Whether someone agrees or disagrees with certain views, censorship inevitably leads down a dangerous path. Censorship creates fear, freedom of speech fosters a vibrant civil society,” said Robert Clarke, Deputy Director of ADF International.

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Colombian social media star challenges censorship ruling

Are we allowed to share Christian views on social media? The Constitutional Court will have to answer this question, at least for Colombia. Responding to a viewer’s question in an “Ask Me Anything” video, social media star Erika “Kika” Nieto had shared her views on marriage while expressing tolerance for all other views.

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