Regulação das Redes Sociais: considerações sobre liberdade de expressão em Sociedades Algorítmicas

Abstract

Lies are as old as human history, but its modern facet, world-wide known as fake news, represents a major obstacle to Democracy in Algorithmic Societies. In this context, the work aims to delineate the main differences between the informational ecosystem in the classical public sphere and in the digital public sphere, analyzing the phenomenon of disinformation within a broader group of online harms in social media, since any imposed regulations also shock with freedom of speech. Then, synthesizing the regulatory landscape and the complexity within regulating disruptive sectors with scientific uncertainties, we seek inspiration in the US Supreme Court’s jurisprudential evolution of the public forum doctrine to determine what kinds of speech restrictions are constitutionally permissible. The goal is to contribute to the regulatory debate, presenting some necessaries interdisciplinary premises to think about the regulation of freedom of expression in social media, especially in Brazil.