Challenges of freedom of speech on social networks and the role of civil liability in brazilian law in light of the preferential position thesis

Abstract

The article deals with the role of civil liability in the relationship between freedom of speech and social media in Brazil, focusing on the Internet Civil Framework Law and assuming as a premise the thesis of the preferential position of freedom of speech over other fundamental rights. It examines the legislative option of Article 19 of the aforementioned norm, in comparison with the thesis of the preferential position. The article analyzes the self-limitation of parties in the posting of content resulting from general contracting conditions defining moderation tools, as well as criteria for controlling limitations on user freedom of speech by social networks, highlighting the importance of state protection of the preferential position of freedom of speech, in light of the prohibition of deficit and due process of law.