Sujeitos políticos e desinformação: a pandemia da Covid-19 e os desafios jurídicos acerca da moderação de conteúdos das redes sociais

Abstract

This research objetives to verify what are the challenges, in the legal field, and the limits of the content moderation system of digital platforms, in the propagation of misinformation about the Covid-19 pandemic, in social networks, by occupants of political positions of the Brazilian Executive and Legislative Powers, belonging to the municipal, state and federal spheres. From the formulation of this problem, was used the dedutive approach method, allied with the monographic procedure method and the research technique of direct, systematic and non-participatory observation, in addition to the bibliographical and documental research technique. About the theoretical framework, were used the studies of Evgeny Morozov, Claire Wardle, Raquel Recuero, Eli Pariser, Tarlenton Gillespie, Jack Balkin and Edoardo Celeste, which provided the necessary support for the main subjects addressed in the research. The application of this methodology resulted in the division of the dissertation into three parts: first, the overview of the phenomenon of information disorder was demonstrated, with an in-depth analysis about the structure of virtual disinformation, with emphasis on the “disinfodemic” of Covid-19 in the Brazilian context. In a second moment, was carried out an investigation, through the fact-checking agencies that are members of the Consórcio de Veículos de Imprensa do Brasil, about disinformative content about the Covid-19 pandemic that had been posted by Brazilian political subjects, on social networks, investigating what is the reaction of digital platforms in these cases. Finally, were examined the terms of service and the guidelines of the social networks Facebook, Twitter and YouTube, commenting about the peculiarities of the content moderation system of the digital platforms, in addition to verifying the challenges, in the legal scope, and the limits of the content moderation system on digital platforms, in relation to the spread of disinformation about the Covid-19 pandemic, on social networks, by occupants of political positions of the Brazilian Executive and Legislative Powers, belonging to the municipal, state and federal spheres. Based on the research produced, it was concluded that the application of interventional measures, by digital platforms, to the disinformational content about Covid-19 posted by politicians does not constitute a violation of the freedom of expression of these entities, because the informational right of the collectivity and the protection of public health are priorities at this juncture. In addition, it was also found that digital platforms must operate with transparency, publicizing the criteria and dynamics of content moderation, for harmonizing any conflicting rights, when restrictions are applied to their users' posts. Likewise, it was concluded that is necessary to adopt a regulatory model for digital platforms, among which regulated self-regulation stands out, blaming big techs for non-compliance with their internal guidelines, especially, in cases involving content illicit and inappropriate, protecting, this way, the human and fundamental rights of internet users and the community. Finally, it is necessary to point out that this dissertation is linked to the Research Line “Rights in the Network Society: Actors, Factors and Processes in Globalization”, of the Graduate Program in Law (Master’s Degree) of the Federal University of Santa Maria (PPGD/UFSM).