Use and Abuse of Social Media as a Punitive Remedy in Light of Criminal Law: A Tool or a Court? Analysis of the Chilean Regulation.

This article examines the rise of digital punitive practices in Chile, such as funas, doxing, and flagging—forms of public exposure of personal data on social media—as informal social justice mechanisms that challenge existing legal frameworks. It analyzes whether Chile's current criminal and constitutional laws adequately address these phenomena, highlighting inconsistencies and gaps, particularly in data protection and cybercrime legislation, which focus mainly on unauthorized access rather than personal data exposure. The article compares Chile's situation with Germany's more comprehensive legal approach, including criminal sanctions for personal data offenses under the Federal Data Protection Law and the German Criminal Code, suggesting that Chile may benefit from adopting similar regulations. Ultimately, it argues that Chile's legal system lacks clear, effective tools to regulate digital vigilantism and protect individuals' rights, calling for new, encompassing legislation to address the complexities of social media–based punitive behaviors.