Media Law in Brazil: the normative framework for online content regulation

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“Media Law in Brazil: the normative framework for online content regulation” is a two-phased research project. The first phase consists on the drafting of the book “Media Law in Brazil”, to be published by the International Encyclopedia of Law (2021). This will consist of a detailed work on the country’s tradition of media and communications regulation. Phase 2, to be carried on simultaneously, aims at analyzing how this normative framework can address the challenges brought by digital communications. These challenges refer to a series of pending questions currently under examination of different institutions – i.e., the Supreme Court is currently analyzing the constitutionality of the intermediary liability system and the possibility of the President blocking people from his social media profiles; in parliament, disinformation practices inspired a new law and a number of policy proposals mostly focused on the restriction of online speech. The research aims to shed light on how issues as such should be influenced by the country’s tradition of regulating and enforcing speech. The empirical basis of the study will be academic literature as well as constitutional and legislative relevant provisions, Supreme Court decisions on the scope of freedom of communications related rights and policy papers. Results are expected to tackle not only how pre-set normative orders can base online targeted regulation, but also how digital communication challenges can call for improvement of traditional frameworks.

Contact: Clara Iglesias Keller