Novas fronteiras da liberdade de expressão: redes sociais e regulação na sociedade digital

Abstract

This article analyzes the new communicational dynamics of freedom of expression presented by social media and the problem of fake news in the political, social, and legal context. In the current landscape, social media emerges as platforms of significant relevance, possessing considerable influence and the ability to disseminate information, fostering the rapid spread of ideas and opinions. However, such freedom of expression entails significant challenges, considering that fake news, as an intrinsic phenomenon, holds the potential to distort reality and manipulate public opinion. From this perspective, it becomes essential to grasp the impacts caused by such events, as well as to analyze possible effective regulatory strategies and mechanisms, with the aim of ensuring information integrity and strengthening the democratic regime. The research conducted by José Célio Pinho Filho and Luiz Fucci Amato, which combines the fields of social communication and law, is adopted as a critical parameter. This qualitative research, characterized by comprehensiveness and critical analysis, relies on legal, doctrinal, and documentary sources, with an emphasis on the analysis of the Internet Civil Framework and the Terms of Use of application providers. It is concluded that the paradigmatic context, driven by digital transformations, requires technical competence from internet application providers and regulatory capacity from the state to ensure the public interest. Thus, the approach of regulated self-regulation harmonizes the dynamics of social media with the foundations of the democratic rule of law.