The civil liability of social media platforms in the case of fake news: challenges and legal paths in Brazil

Abstract

The object of this study is the civil responsibility of social media platforms in the dissemination of fake news, a topic that has gained increasing relevance in the current digital landscape. The main objective of the research was to analyze the gaps in Brazilian legislation, especially regarding the Civil Rights Framework for the Internet (Marco Civil da Internet), the General Data Protection Law (LGPD), and Bill 2630/2020, known as the Fake News Law. To achieve this, qualitative methodological procedures were adopted, with a bibliographical and documentary approach, investigating academic articles, judicial decisions, legislation, and related bills. The research also relied on a critical analysis of ongoing legislative proposals and the limitations of the current regulation. Throughout the study, it became clear that, although the Civil Rights Framework for the Internet established important guidelines for the internet in Brazil, it is still insufficient to effectively hold platforms accountable, especially regarding the spread of misinformation. Bill 2630/2020 emerges as an attempt to fill these gaps but faces challenges in balancing the protection against fake news with the preservation of fundamental rights, such as freedom of expression and privacy. In conclusion, the research suggests that for the regulation to be effective, a new legal framework is necessary to proactively hold platforms accountable, with clear and effective content moderation measures, without compromising the essential rights of citizens.