Tipificación y respuesta penal al ciber acoso en Ecuador: Análisis crítico del COIP y sus brechas normativas

Abstract

This article critically analyzes the criminal treatment of cyberbullying in the Ecuadorian legal system, highlighting that the Comprehensive Organic Criminal Code (COIP) does not include an autonomous criminal offense that comprehensively regulates repeated digital harassment. This lack of legislation is problematic in a context of widespread use of information technologies, where harassment in digital environments causes serious harm to the psychological integrity, dignity, honor, and peace of mind of victims. Using a qualitative, documentary, and doctrinal methodology, the research examines the currently applicable criminal offenses, such as harassment by technological means, psychological violence, violation of privacy, and improper dissemination of information. Difficulties in legal classification and fragmentation of the legal framework are evident, limiting an effective response to cyberbullying that is not necessarily sexual in nature. Furthermore, the analysis examines the impact on constitutional rights such as psychological integrity, honor, privacy, and the protection of personal data, revealing a disconnect between the Constitution and current criminal law. The study incorporates comparative law from countries such as Spain, Mexico, Colombia, and Chile, identifying models of autonomous criminalization and digital aggravating factors. Finally, it proposes reforming the Comprehensive Organic Criminal Code (COIP) to include a specific criminal offense of cyberbullying with aggravating circumstances and digital precautionary measures, in order to strengthen the protection of victims and guarantee a coherent and proportionate criminal response.