FROM THE SPIRAL OF SILENCE TO DIGITAL BARBARISM
THE LEGAL CHALLENGES OF FREEDOM OF EXPRESSION IN THE FACE OF PLATFORM IMMUNITY AND PRIVATE INTERMEDIATION OF FUNDAMENTAL RIGHTS IN BRAZIL
DOI:
https://doi.org/10.5752/P.2318-7999.2025v28n55p251-272Keywords:
Marco Civil da Internet, STF, Manifestação do pensamento, Plataformas digitais, Moderação de conteúdoAbstract
This article analyzes the contemporary challenges to freedom of expression in the digital age, based on Elisabeth Noelle-Neumann’s spiral of silence theory and the growing private intermediation exercised by digital platforms. Distinct behaviors are observed between online and offline environments. In the latter, individuals tend not to express minority or dissenting opinions, thereby restricting debate on numerous topics—especially political and ideological ones. In contrast, the digital space is saturated with opinions that often disregard others, institutions, and legal boundaries. An artificial courage seems to emerge, where people say things they would never express in the real world, free from fear of consequences. This disparity, amplified by opaque content moderation practices and algorithmic dynamics, weakens authentic expression and distorts the exercise of the fundamental right to free speech. The article includes a constitutional analysis of Article 19 of the Brazilian Internet Bill of Rights (Marco Civil da Internet) and the jurisprudence of the Federal Supreme Court (STF), particularly in light of the tension between platform immunity and the protection of fundamental rights. The study concludes that regulation is necessary to ensure transparency in content moderation and to establish legal limits on private actors in the digital public sphere, so that citizens can benefit from technological advancements without being subjected to automated moderation without due process.
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