THE USE OF FAKE NEWS: LEGAL CONSEQUENCES

Abstract

Fake news have emerged as a complex social phenomenon that necessitates the creation and adaptation of legal mechanisms to protect individual rights and guarantees. The dissemination of false information, particularly during election periods, has proven to be a dangerous strategy for mass manipulation, negatively impacting democracy and the formation of public opinion. The increase in misinformation has resulted in devastating consequences, highlighting the need for a deeper social and legal debate on the subject. Recently, the Brazilian judiciary has shown growing concern about the spread of fake news, creating specific case law and proposing legislation such as PL 2.630/2020. This proposal aims to ensure that the dissemination of false information does not occur without appropriate accountability, safeguarding the inviolability of citizens' dignity and honor. Additionally, the Superior Electoral Court has actively positioned itself against fake news to preserve the integrity of electoral processes. The adaptation of legal norms is crucial for strengthening democracy and curbing criminal practices related to information manipulation. Thus, the consequences of fake news highlight a conflict between rights and guarantees, reflecting the evolution of legislation in response to new social and technological challenges, with the goal of maintaining order and trust in the democratic system.