Civil Liability of Social Media for User Statements and Moderation

The article examines the current regulatory context of social media, focusing on civil liability and the moderation powers of platforms. It begins with a discussion on the constitutionalization of transnational corporations in light of Teubner’s theory, highlighting how technology companies have become a kind of “meta-state” with their own normative frameworks. It then presents a comparative analysis of regulatory models in the United States and the European Union, followed by an analysis of the regulatory landscape established in Brazil through the Marco Civil da Internet (Law 12.965/2014), which sets a judicial notification rule for content removal. The article also explores international principles on moderation, including the Manila and Santa Clara Principles, which advocate for moderation based on transparency and accountability. The study concludes by emphasizing the complexity of the issue and the need for a multisectoral debate that enables a balance between freedom of expression and protection against harmful content, suggesting regulated self-regulation as a potential pathway for standardization within the Brazilian context.

Authors

Publication Details

Journal
Beijing Law Review
Published
2025-01-01
DOI
https://doi.org/10.4236/blr.2025.162050
Primary Topic
Freedom of Expression and Defamation
Type
article
Field-Weighted Citation Impact
0.00
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article

Civil Liability of Social Media for User Statements and Moderation

Flávia Moreira Guimarães Pessoa, André Felipe Santos de Souza, Taiane Danusa Gusmão Barroso Sande
Beijing Law Review
Freedom of Expression and Defamation
article

Civil Liability of Social Media for User Statements and Moderation

Flávia Moreira Guimarães Pessoa, André Felipe Santos de Souza, Taiane Danusa Gusmão Barroso Sande
article en

Abstract

The article examines the current regulatory context of social media, focusing on civil liability and the moderation powers of platforms. It begins with a discussion on the constitutionalization of transnational corporations in light of Teubner’s theory, highlighting how technology companies have become a kind of “meta-state” with their own normative frameworks. It then presents a comparative analysis of regulatory models in the United States and the European Union, followed by an analysis of the regulatory landscape established in Brazil through the Marco Civil da Internet (Law 12.965/2014), which sets a judicial notification rule for content removal. The article also explores international principles on moderation, including the Manila and Santa Clara Principles, which advocate for moderation based on transparency and accountability. The study concludes by emphasizing the complexity of the issue and the need for a multisectoral debate that enables a balance between freedom of expression and protection against harmful content, suggesting regulated self-regulation as a potential pathway for standardization within the Brazilian context.

Beijing Law ReviewVol. 16(02)
Openalex Percentile: Top 77%
Freedom of Expression and Defamation
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