Entre a liberdade de manifestação e o abuso comunicacional nas redes sociais: discurso de ódio, fake news e responsabilidade civil

Abstract

The emerging information and communication technologies, especially social networks, imposed several changes in the different systems of society, with significant changes ranging from social relations to market relations and, despite having provided several benefits, also entailed new risks, to which the Science of Law must pay attention. The present article has as its scope the approach of scientific legal confrontations in contemporary society, regarding the tutelage and promotion of the human person, in face of some of these risks, having as an outline the problem of hate speech and fake news in the social network environment. This research will try to identify what are these phenomena, as well as whether they represent a legitimate exercise or not of manifestation by network users. Furthermore, will also analyze one of the reasons why the social media environment has become favorable to a greater dissemination of this type of content and, finally, having established the necessary bases, the civil liability of the multiple agents involved in these situations will be analyzed, indicating, at the end, a preventive civil liability as a true tool for users against these risks in the digital environment