Discurso de ódio e fake news como limitadores da liberdade de expressão

In a world where information and communication are instantaneous, freedom of expression is widely exercised by all people connected to the world wide web. However, to the same extent that the internet facilitates the exercise of freedom of expression, paradoxically, it is also capable of creating fertile ground for the dissemination of discriminatory opinions and so-called hate speech. Furthermore, in today's society, the phenomenon known as Fake News has emerged, where the information conveyed appeals more to people's feelings than to the truth of the facts. As a result, the need to study and understand freedom of expression and what limits can be imposed on this fundamental right has grown in importance. In order to achieve this objective, this paper was developed based on the deductive method and presents a historical analysis of the right to freedom of expression in Brazil and in countries that have consolidated solid case law on the subject. Furthermore, it sought to study the theories linked to the positive and negative classification of this fundamental right and, finally, verified what hate speech and fake news are and how these phenomena can limit freedom of expression.

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Publication Details

Journal
RELACult - Revista Latino-Americana de Estudos em Cultura e Sociedade
Published
2025-04-13
DOI
https://doi.org/10.23899/ka6cbr97
Primary Topic
Brazilian Legal Issues
Type
article
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article

Discurso de ódio e fake news como limitadores da liberdade de expressão

Kyllian César Pires, Alexandre Oliveira, Marcelo Nunes Apolinário, Alessandro Beber
RELACult - Revista Latino-Americana de Estudos em Cultura e Sociedade
Brazilian Legal Issues
article

Discurso de ódio e fake news como limitadores da liberdade de expressão

Kyllian César Pires, Alexandre Oliveira, Marcelo Nunes Apolinário, Alessandro Beber
article en

Abstract

In a world where information and communication are instantaneous, freedom of expression is widely exercised by all people connected to the world wide web. However, to the same extent that the internet facilitates the exercise of freedom of expression, paradoxically, it is also capable of creating fertile ground for the dissemination of discriminatory opinions and so-called hate speech. Furthermore, in today's society, the phenomenon known as Fake News has emerged, where the information conveyed appeals more to people's feelings than to the truth of the facts. As a result, the need to study and understand freedom of expression and what limits can be imposed on this fundamental right has grown in importance. In order to achieve this objective, this paper was developed based on the deductive method and presents a historical analysis of the right to freedom of expression in Brazil and in countries that have consolidated solid case law on the subject. Furthermore, it sought to study the theories linked to the positive and negative classification of this fundamental right and, finally, verified what hate speech and fake news are and how these phenomena can limit freedom of expression.

RELACult - Revista Latino-Americana de Estudos em Cultura e SociedadeVol. 11
Universidade Federal de Pelotas (BR)
Openalex Percentile: Top 78%
Brazilian Legal Issues
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