Who regulates the spaces of “humor” in social networks?

The recent episodes recorded in Cartagena and Sabanagrande, where people, through supposed jokes, they made some older adults bite soaps by making them believe they were ice cream and they spread panic with a fake explosive alert, generated the rejection of the authorities and civil society, who requested through social networks “the full weight of the law against these people.”

The above allows society to ask itself: Who regulates these situations that occur in social networks? To enter into the analysis, it must be taken into account that a youtuber is the person who uses the YouTube platform to share information on video and that an influencer is the one who uses social networks, making use of their image, to stop talking about different topics to the public who follow it; that is the episodes mentioned were not made by people with these profiles, but more by “humorist”, because its ultimate goal was to make the public laugh.

Entering legal grounds, the lawyer Jairo Mendoza Choles points out that the norm does not have a direct regulation on social networks because it is “a new issue”, but the Penal Code does contemplate some criminal types that could be charged in these cases.

“Because of what happened in Sabanagrande, it could be classified as the crime of panic, enshrined in article 355 of the Penal Code, which is part of common danger offenses that can cause serious harm to the community. This is because the circumstances were presented in a public space ”, said the lawyer.

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Regarding the Cartagena issue, Mendoza Choles stated that, despite the fact that some consider that these acts could be classified within article 373 of the Penal Code, which is related with the crime of imitation or simulation of food, products or substances, this concept is “difficult” to adapt to that situation.

“I believe that it could be classified as the offense of de facto injury provided for in Article 226, which establishes imprisonment from sixteen (16) to fifty-four (54) months and a fine of up to 1,500 current legal monthly minimum wages “said the lawyer.

Sent to collect

For Jair Vega, a sociologist and professor at the Universidad del Norte, the subject of making fun of those who make others see the other as ridiculous “is nothing new.”

“Before we saw that people went to the circus to laugh and make fun of the strange person or different, but today everything is different. Discrimination is not allowed and it is not well seen to laugh at someone who has a disability or who gives us grace that someone is stupid for eating soap. It is time to propose other types of elements for humor ”, points out Vega.

The specialist pointed out that what has been happening is that the content that was previously seen in television programs about hidden cameras has been transferred to social networks; However, it rescues that in this scenario there are comedians who they do movie parodies, and the level of humor “is much higher.”

“In all this, the true analysis that must be given is whether still, in today’s society, That kind of worn-out teasing has gaps; even if there are people willing to consume the content, “says the sociologist.

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In the case of Cartagena, the Office of the Attorney General of the Nation opened an investigation in order to identify the people who carried out “the joke”; while the Metropolitan Police of Cartagena (Mecar) assured that the case already has an open criminal process, because the comedians are allegedly linked to crimes such as imitation and simulation of food, which affect public health.

During yesterday afternoon, one of the required who starred in the video appeared, for a police procedure, to the facilities of the Caribe Norte Police Station, located on the esplanade of the Chambacú sector.

The man was fined type 4, equivalent to $ 936,320, provided for in article 40, numeral 1, and another fine Type 2, article 35, numeral 1 of the National Code of Security and Citizen Coexistence, for $ 234,080, totaling about $ 1,740,200.

“We continue the search for the other two ‘influencers’ linked to the video,” said the Cartagena Police.

Regarding the Atlantic episode, the Police reported that the uniformed men managed to locate the men who, on Carrera 6 and Calle 8, in the Santa Rita neighborhood, left a box with cables, stones and rags with which they made them believe to the community that it was a bomb.

“The men were transferred to the police station of the municipality, where they were identified and it is found that these people are engaged in making humorous videos ”and were identified as Diomedes Candanoza Pineda, 23, known as ‘Coro Humor’; Julio Rodríguez Navarro, 22, and Orlando Borja Martínez, 31, known as ‘Fabio Humor’.

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The Police decided to apply a sanction based on article 35 number 2 of the National Code of Coexistence and Citizen Security, for “Breach, disrespect, ignore and impede the function or order of public force”. In addition, they were sanctioned with a fine of 968 thousand pesos.


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