Ruling T-102/19 determined that not any hurtful or shocking expression constitutes per se a violation of fundamental rights and that for this to happen, it must be opinions or concepts capable of generating in a person a “tangible moral damage”, as occurs when criminal and illegal conducts are charged, or behaviors that, without being so, have a high degree of social disapproval.
This decision was based on a tutela filed by Mrs. Karen Lorena Páez Escorcia against Mrs. Lina Gómez Ospino, for the alleged violation of her fundamental rights to honor and good name. According to the plaintiff, her rights were violated by the defendant due to a post on Facebook.
For the court the following message was insufficiently offensive:
“… TO ALL CAMPO DE LA CRUZ RESIDENTS, GIVEN MY FAMILY HAS BEEN MOCKED IN A SERIES OF POSTS, LISTEN KAREN, UNDERSTAND MY FATHER DOESN’T LIKE YOU, NOBODY MADE YOU CHEAT ON YOUR GOOD HUSBAND, … ACT LIKE THE PERSON YOU ARE, A PUBLIC SERVANT, NOT A CRAZY LUNATIC … BEWARE FOR WHAT’S COMING TO YOU … TAKE IT AS IT IS, FOR BEING SO STUPID”
