Abstract

TENORIO, Caio Miachon  and  MOREIRA, Diogo Rais Rodrigues. CONTENT MODERATION BY SOCIAL MEDIA. Revista Internacional CONSINTER de Direito [online]. 2023, n.17, pp.305-324.  Epub Feb 28, 2024. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00017.13.

The democratization of mass communication brought by the internet has brought many benefits, but also many challenges, among them disinformation. As a way to combat it, many social media have tightened the rules for using their platforms, with the aim of preventing their tools from being used to spread fake news. Although moderation by social media is not new, some court decisions and legislative initiatives have put these instruments in check. The aim of this article is to investigate whether Brazilian legislation, by assigning the removal of content to the judiciary, would also have excluded application providers from this function, especially in the face of online disinformation. Starting from the following problematization: In the face of online disinformation, have providers had their powers restricted and would they depend on a court order to remove third-party content? Some of the hypotheses are that the legislation, in the name of freedom of expression and prohibition of censorship, would have really limited the performance of digital platforms, or if the legislation refers only to interventions external to the platforms, and could be understood as complementary to the policies of the providers, leaving both to moderate this content. From deductive methodology and using literature review procedures and jurisprudential analysis, the hypotheses will be tested resulting in their confirmation, refutation or reconstruction. After the present research, the results point to a compatibility between art. 19 of the Marco Civil da Internet and the practice of content moderation by application providers.

Keywords : Social Media; Online Disinformation; Content Moderation; Freedom of Expression; Self-Regulation..

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