Freedom of expression and the right to communication in Latin American constitutionalism

Abstract

This article analyzes the rights to freedom of expression and communication in the context of Latin American constitutionalism, highlighting the influence of classical liberalism and its critiques from Marxist thought and the political economy of communication. It presents a historical evolution that ranges from entrepreneurial freedom of the press, through its professionalization, to international recognition as a collective right. However, limitations are identified, such as media concentration, the commodification of information, and legal restrictions that affect media plurality and social responsibility. The concept of the “right to communication” emerges as an extension that seeks to guarantee equal access to the media and promote diversity of voices in a context of media concentration and globalization in Latin America. A comparative analysis of the constitutions of Mexico, Cuba, Argentina, and Bolivia reveals different perspectives, ranging from liberal approaches to models focused on social ownership and the protection of collective rights. The research highlights the need to strengthen the legal framework for effective democratization of communication and to guarantee universal rights in the region.