O balanço jurídico entre a liberdade de expressão e a responsabilidade dos provedores de plataformas digitais na internet: análise crítica acerca do artigo 19 da lei n° 12.965/14.

Abstract

The work analyzes the conflict between freedom of expression and responsibility in the online environment, considering the domain exercised by digital platforms over the flow of information. This is done through an evaluation of the effectiveness of Article 19 of the Civil Rights Framework for the Internet in Brazil, which exempts digital platforms from liability for content generated by third parties. As for the particular purposes, it is proposed to elucidate the concepts of freedom of expression throughout history and its new conception within the algorithmic era. Likewise, it seeks to compare the approaches adopted in Brazil and in the international scenario of regulation of digital platforms. Finally, the impact of Article 19 of the Civil Rights Framework on online freedom of expression is assessed. To achieve this objective, it is chosen to employ the methodology of literature review, using techniques of bibliographic and documentary research with an essentially exploratory approach. The research is characterized as descriptive, as it is dedicated to exposing the central aspects of the regulation of digital platforms according to the legal provisions in force both in the Brazilian and international scope. Regarding the methodological approach, this research is of a qualitative nature, focusing on the analysis of qualitative data related to the regulation of digital platforms. The methods adopted include a historical-evolutionary, comparative and descriptive analysis. The results of the research reveal that Article 19 of the Civil Rights Framework, which exonerates digital platforms from liability for content generated by third parties, directly affects the promotion of freedom of expression and the strengthening of democracy, in order to raise concerns about the exaggerated control of large technology companies over user data. In addition, it is suggested that the current normative text is outdated and ineffective to adequately regulate digital platforms, which may violate constitutional principles. Therefore, it is highlighted the need for stricter rules to protect user privacy, promote transparency and ensure impartiality in the dissemination of information, as in Germany and the European Union, which impose stricter regulations on digital platforms.