LIBERDADE DE EXPRESSÃO E MÍDIAS SOCIAIS: DESAFIOS CONTEMPORÂNEOS À LIVRE CIRCULAÇÃO DE IDEIAS E O PAPEL DA CORTE INTERAMERICANA DE DIREITOS HUMANOS

Abstract

This exploratory study, based on the hypothetical-deductive method and using the technique of bibliographic and documentary research, focuses on the following research problem: How can the Inter-American System, especially its Human Rights Court, ensure the full freedom of expression within social media platforms and at the same time curb discriminatory speech and the dissemination of misinformation? As a general goal, the research seeks to analyze the impact of social networks on the free flow of ideas and modern society, as a specific goal, it addresses the dilemma involving the regulation of social media platforms and the full exercise of freedom of expression, in both dimensions, individual and collective. To this end, it explores the historical evolution of freedom of expression and its justifying theories, as well as the metaphor of the free market of ideas. It addresses hate speech, multiculturalism, misinformation, and polarization in the public sphere conceived in the virtual world. It also examines the main theoretical frameworks of international law that govern freedom of expression, in addition to the respective standards of the inter-American system, including from the perspective of the European human rights system, to better understand the effects resulting from the emergence of new technologies in the scope of human rights and free speech. It investigates the regulatory structures of speeches given within the scope of on-line platforms, such as their terms of service and policies, and identifies criteria to address the uproar over the imputation of responsibility on social media platforms. In short, due to these contemporary dilemmas, the research aims to point out possible ways to promote the free flow of ideas in the public spheres of social networks without compromising human rights. Keywords: freedom of expression; free flow of ideas; social media platforms; regulation; inter-American system; human rights.