Freedom of expression on the internet: international parameters, scope of protection and restrictions

• Grant number: 19/16305-1
• Support Opportunities: Scholarships in Brazil - Master
• Effective date (Start): March 01, 2020
• Effective date (End): February 28, 2021
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Lucas Catib de Laurentiis
• Grantee: Felipe Grizotto Ferreira
• Host Institution: Faculdade de Direito. Pontifícia Universidade Católica de Campinas (PUC-CAMP). Campinas , SP, Brazil

Abstract

In the context of new information technologies, this project aims to investigate the exercise of freedom of expression on the Internet. Two propaedeutic points legally qualify the theme. First and foremost, states alone or together are taking steps to regulate life in the digital environment, showing concern for the implications of discourse in this new era and seeking to control it. On the other hand, the free manifestation of thought is a human and fundamental right with special importance for democratic systems and therefore for most societies today, was established in the most diverse political-legal documents. As such, some normative conflicts are already emerging and, gradually, the judiciary around the world has faced the issue. In this context, through a legal-dogmatic methodology, supported by normative texts, jurisprudence and relevant literature, the question to be investigated by this project is to identify the scope of protection of freedom of expression on the Internet, as well as their respective interventions. One such interference, perhaps the most prominent in the context of digital governance, is the intermediary liability of content providers for third party damages. This will be the focus of the normative analysis of the research. In this investigation, the use of comparative law and international parameters are essential. In addition to inter-American law, the normative systems of the United States and the European Union will be analyzed. With the execution of this project, it is hoped to offer a solid contribution to the operationalization of the constitutionality judicial review of Brazilian in face of the new challenges of the present time. (AU)