Content moderation on social networks

an analysis based on Provisional Measure nº 1068/2021

Abstract

The article deals with the moderation of content on social networks based on the controversial Provisional Measure nº 1068/2021. Taking into account elements of constitutional dogmatics, especially on the fundamental right to freedom of expression, the investigation investigates whether content moderation on social media platforms constitutes censorship or not. From the analysis of criteria for content moderation on social networks, the legitimacy of private actors to apply such a practice and the current high position of freedom of expression in the Brazilian legal system, the conclusion is that the silence of the Marco Civil da Internet on governance The privacy of digital platforms does not prevent them from carrying out an autonomous control of content. The essential argument to justify this result is that freedom of expression, although considered a preferential right, is not absolute. Thus, the practice of content moderation, previously seen as censorship, currently serves to avoid excesses or abuses of freedom of expression on the internet, as an instrument to reduce the digital space for opponents, in order to guarantee that the formation public opinion and personality development are in line with the other principles set out in the Major Law. The research is dogmatic, qualitative and theoretical, it is used as a method of approach, the deductive and as a method of procedure, the bibliographic, documentary and specialized jurisprudence, national and foreign.