Liberdade de expressão e regulação das redes sociais no Brasil : dilemas, limites e desafios éticos (2014-2024)

Abstract

The article analyzes the relationship between freedom of expression and the process of regulating social networks in Brazil, focusing on the period from 2014 to 2024. We problematize the dilemmas, limits and ethical challenges that emerge from the confrontation between the need to protect freedom of expression and the dilemma of regulating the digital environment, especially after Law No. 12.965, of April 23, 2014, known as the “Marco Civil da Internet” and the discussion around PL 2630/2020, known as the “PL das Fake News”. To do this, we used the Diário Causa Operária and Revista Oeste as our main sources, vehicles that represent divergent political views. This choice allowed for a contrasting analysis of perspectives on the regulation of social networks, highlighting divergences and convergences in the public debate. In the theoretical field, we based our analysis on the contributions of Gustavo Maultasch, who offers a critique of the curtailment of freedom of expression, and Zygmunt Bauman and David Lyon, who discuss the impact of surveillance and control through social networks in the contemporary context. We also incorporate Norberto Bobbio's reflections on the political meanings of the distinctions between right and left, as well as those of Dan Ariely, who makes a significant contribution with his analysis of disinformation, while Fernando Biolcati delves into the legal implications of platform liability. Finally, we turn to Lucas Mendes to contextualize the recent developments regarding the Marco Civil da Internet.