Civil liability in the digital environment and its relationship with freedom of expression in light of contemporary Brazilian legislation

Abstract

This article seeks to analyze the potential results of the intersection between the civil liability model attributed to companies providing platforms or digital services in Brazil and the fundamental right to freedom of expression, aiming to assess whether this relationship could result in a violation of this right. Initially, the national constitutional treatment of freedom of expression as a fundamental right is analyzed, with an emphasis on historical precedents of national order and the international normative field that potentially influenced the Original Constituent of 1988. Subsequently, the assessment of current regulatory legislation of the digital environment - embodied in Law 12.965/14, the Civil Rights Framework for the Internet - and comparison with its foreign equivalents. Finally, the objective is to understand the international and Brazilian perspectives on regulation and adoption of civil liability models for digital platform providers. The research was conducted through a bibliographic and documentary review of relevant standards, scientific articles and legal doctrine. It was concluded that the exercise of citizenship and the right to freedom of expression, at the same time, are inseparable from free access to the internet and digital platforms, and, although legislative adjustments to the topic are necessary, in Brazil, changing the model of civil liability currently adopted can cause offenses against freedom of expression and, therefore, other fundamental rights that are attached to it.