Regulation of social media platforms

limits to the right to freedom of expression in a social space marked by disinformation

Abstract

This research aims to analyze the regulatory challenges faced by the Brazilian State in the face of the urgent need to regulate the use of the internet and social networks. Indeed, in the current scenario, it is essential that the national and international public agenda prioritizes dialogue regarding regulatory proposals aimed at combating the growing disinformation spread on social networks, which represents a risk to the guarantee of fundamental rights, especially regarding freedom of expression, as well as the exercise of democracy. For the development of this study, the deductive approach method was employed, with bibliographic and documentary research techniques, directed towards the following specific objectives: to present internet access as a fundamental right; to discuss the limits of freedom of expression in a technology-driven context; to consider the perspectives of the institutes of regulation, co-regulation, and self-regulation of content platforms on the internet to understand the difficulties in the elaboration of regulatory instruments. In this process, it becomes evident that the challenge of regulation lies in finding a balance between limiting the power of platforms and the effective realization of freedom of expression, understood as a set of rights related to fundamental freedoms and the guarantee of civil and political rights. Finally, the concept of regulated self-regulation stands out as a viable alternative for developing new legal instruments, with the aim of creating an effective regulatory environment that also preserves freedom of expression.