Civil Liability of Social Media for User Statements and Moderation

Abstract

The article examines the current regulatory context of social media, focusing on civil liability and the moderation powers of platforms. It begins with a discussion on the constitutionalization of transnational corporations in light of Teubner’s theory, highlighting how technology companies have become a kind of “meta-state” with their own normative frameworks. It then presents a comparative analysis of regulatory models in the United States and the European Union, followed by an analysis of the regulatory landscape established in Brazil through the Marco Civil da Internet (Law 12.965/2014), which sets a judicial notification rule for content removal. The article also explores international principles on moderation, including the Manila and Santa Clara Principles, which advocate for moderation based on transparency and accountability. The study concludes by emphasizing the complexity of the issue and the need for a multisectoral debate that enables a balance between freedom of expression and protection against harmful content, suggesting regulated self-regulation as a potential pathway for standardization within the Brazilian context.