Moderação de conteúdo online e os limites da liberdade de expressão no Brasil: um estudo de caso sobre o Twitter

Abstract

The present work intends to analyze the use of content moderation policies by the application providers and by the Judiciary. It is assumed that the removal of content carried out by the platforms is based on the North American rules of freedom of expression and on Section 230 of the CDA, which started to guarantee immunity to the providers of interactive services on the internet for the content produced by its users. In this sense, the rules created by the platforms to delimit what is acceptable or not in their environment, reflect their freedom of action and must be accepted and respected by everyone who joins them. Furthermore, it seeks to enter into the discussion of the constitutionality of art. 19 of the Marco Civil da Internet, which deals with the liability regime used for the content generated by a third party, addressing the judicial systems notice and take down and notice and take down. Finally, the data from the 17th Twitter Transparency Report and the terms of use and Twitter guidelines are presented, as well as cases involving well-known figures who have failed to comply with the platform rules. It is concluded that the technology companies are great holders of social and economic power, having great influence on the public discourse.