FEDERAL SUPREME COURT, BIG TECHS AND DISINFORMATION: HOW DOES THE LAW RESPOND TO THE CHALLENGES OF THE 21ST CENTURY?

Abstract

The advancement of digital technologies and the rise of Big Techs have profoundly transformed the flow of information and public debate. In Brazil, the Federal Supreme Court (STF) has played a central role in regulating this ecosystem, especially given the growth of disinformation and its impacts on democracy.This article will analyze the clash between the need to curb the dissemination of fake news and the preservation of freedom of expression, examining relevant STF decisions on the topic. The legal challenges of regulating digital platforms, the limits of content moderation and the tension between state control and self-regulation of Big Techs will be addressed. Furthermore, we will discuss the relationship between the Judiciary and the Legislative Branch in the construction of a regulatory framework for platforms, considering international experiences and the risks of algorithmic censorship. Finally, the article will seek to answer: how can the Law balance protecting society against disinformation without compromising fundamental rights?