Estado de direito, regulação e moderação de conteúdo pelas redes sociais

Resumo

The thesis discusses the compatibility between the self-regulation model for content moderation activities performed by social media platforms and the concept of the Rule of Law, analyzing the epistemic limits that contributed to the design of the current regulatory framework. The research seeks to highlight the foundations, characteristics, and challenges of the State's role in regulating content moderation activities. From a historical perspective, the study explains how the development of the so-called cyberspace originated in the United States and examines the characteristics of the accompanying regulatory model (self-regulation), which was based on the idea of preserving maximum creative freedom in the online environment, with a consequent distancing from state regulation. Subsequently, the thesis analyzes concrete examples of two major issues inadequately addressed by the self-regulation model, namely: (i) the decline in the quality of public debate and (ii) the disregard for the fundamental right to due process of law. Following this, the study discusses the main regulatory models available for regulating this activity, notably self-regulation, state command-and-control regulation, and regulated selfregulation or co-regulation. The work then presents different theoretical perspectives on the concept of the Rule of Law, and, grounded in this doctrinal foundation, argues that its observance requires the development of specific state regulation for the sector. Nevertheless, it concludes that state regulation should not eliminate the self-regulatory capacity of digital platforms, which can be useful and effective in implementing the values of the Rule of Law. Therefore, it supports the appropriateness of adopting the egulated self-regulation or coregulation model to oversee the content moderation activities of social media platforms. Keyword: Regulation; Content Moderation; Cyberspace; Public Debate; Fundamental Rights; Due Process of Law; Freedom; Rule of Law; Power; Abuse; Discretion; Constitution; Terms and Conditions of Use; Social Media; Co-Regulation.

Ficha do documento

Tipo

Tese

Ano

2025

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/36764

Temas

Tecnologia

Palavras-chave

Direito regulatórioCiberespaçoFórum (Debates)Direitos fundamentaisRedes sociaisRegulatory lawCyberspaceFundamental rightsSocial mediaDireitoConstituiçãoAutorregulaçãoEstado de DireitoModeração de ConteúdoTermos e Condições de Uso