Desinformação na internet: responsabilidades e obrigações das plataformas de redes sociais

Abstract

This study analyzes the phenomenon of disinformation and its dissemination through online social media platforms. This Ph.D. dissertation aims to identify which private legal mechanisms are capable of addressing the problem of disinformation and examines the liabilities and obligations that could be imposed on social media platforms for the disinformation content within them. To achieve this, the dissertation explores the concept of disinformation alongside its related concepts, such as fake news. The boundaries between misleading content and manifestations of freedom of expression are also discussed. By recognizing that the disinformation phenomenon has occurred for centuries, it focuses on the reasons why various forms of disinformation have spread more extensively and with greater force in recent years, particularly through social media. The study identifies a discrepancy between the existing legislation (the Brazilian Marco Civil da Internet) and current reality regarding the assignment of responsibilities to social media platforms, in general, and specifically in relation to disinformation. To address this issue, the dissertation examines the regulatory instruments from foreign legal systems that deal with disinformation, with particular emphasis on the European Regulation 2022/2065, the Digital Services Act. In the Brazilian context, it also investigates social and legal factors that demonstrate the need and the gradual national acceptance of social media regulation including the issue of disinformation. The dissertation adopts the civil-constitutional theory as its methodological framework, according to which the legal system has the Federal Constitution as its core. Thus, the national legal system must be interpreted in a way that prioritizes the protection of fundamental principles, such as the dignity of the human person. Furthermore, this dissertation uses Lawrence Lessig’s theory on the existence of four interdependent regulatory modalities as a theoretical basis. It is argued that civil law regulation of the disinformation issue is necessary (even if it is not the only possible approach) to face this challenge. In conclusion, based on the research conducted, it is relevant and in line with the national legal system to enact a private legislation that requires greater diligence from social media platforms to prevent misleading content from spreading in the online environment. In this sense, mechanisms such as content moderation, algorithmic transparency, and civil liability should be imposed to regulate these platforms.