The exercise of trade union communication rights on social networks

Abstract

Trade unions' freedoms of expression and information on social media are fundamental rights of trade union, giving them the possibility to openly share their opinions and demands, while facilitating the amplification of their messages and participation in public debates. However, interaction on social networks entails certain risks, in particular the risk of infringement of the right to honour of third parties. To resolve this potential collision of rights, courts apply a proportionality test, in which they weigh the conflicting goods and rights, assessing the need to balance freedom of association with other equally relevant civil rights, such as personality rights. In this context, the question arises as to whether the use of the social network by trade unions as a means of transmitting information and expressing opinions should be a relevant circumstance in such a proportionality judgement, as well as the possible legal implications that would derive from this consideration.