LIBERDADE DE EXPRESSÃO NAS REDES SOCIAIS

UMA REFLEXÃO SOBRE AS POSSIBLIDADES DE ENFRENTAMENTO DO PROBLEMA

Abstract

Freedom of expression, an essential pillar of democracy, faces unprecedented challenges in the 21st century, especially within digital environments and the massive use of social media. This paper presents a reflection on the limits and possibilities of addressing the problem of regulating freedom of expression in Brazil, considering the normative vacuum left by the non-reception of the former Press Law (Law No. 5.250/1967) and the judicial activism that emerged after the Supreme Federal Court’s ruling in ADPF 130. The study argues that the absence of specific legislation has not settled the matter; instead, it has increased legal and institutional uncertainties, exposing society to abuses and distortions of digital communication. Based on a critical analysis of constitutional provisions, doctrine, and case law, it advocates the enactment of a new law capable of balancing freedom of expression with accountability for its misuse, particularly in digital platforms, thereby strengthening the democratic rule of law.