CENSORSHIP OR REGULATION? THE ROLE OF THE STATE IN MODERATING DIGITAL CONTENT

Abstract

This study analyzes the impact of the expansion of digital technologies and the consolidation of online platforms as central spaces for the circulation of information on the dynamics of communication and public participation. It examines the reconfiguration of freedom of expression, traditionally conceived as a fundamental right limiting state power, in light of the actions of private platforms that mediate public debate in the digital environment. It also addresses problems related to the dissemination of disinformation, the circulation of illicit content, and their effects on the protection of fundamental rights and the functioning of democratic institutions. The study aims to investigate the role of the State in regulating digital platforms and moderating online content, with an emphasis on the distinction between legitimate regulation and undue restrictions on freedom of expression. A qualitative approach is adopted, using a deductive method, based on a literature review and documentary analysis of normative instruments of the Brazilian legal system. It is concluded that the moderation of digital content involves a complex interaction between private governance and state regulation, with the main challenge being the construction of regulatory models that ensure transparency, accountability, and protection of fundamental rights, without compromising the essential core of freedom of expression.