Hate speech and fake news as limiters of freedom speech

Abstract

In a world where information and communication are instantaneous, freedom of expression is widely exercised by all people connected to the world wide web. However, to the same extent that the internet facilitates the exercise of freedom of expression, paradoxically, it is also capable of creating fertile ground for the dissemination of discriminatory opinions and so-called hate speech. Furthermore, in today's society, the phenomenon known as Fake News has emerged, where the information conveyed appeals more to people's feelings than to the truth of the facts. As a result, the need to study and understand freedom of expression and what limits can be imposed on this fundamental right has grown in importance. In order to achieve this objective, this paper was developed based on the deductive method and presents a historical analysis of the right to freedom of expression in Brazil and in countries that have consolidated solid case law on the subject. Furthermore, it sought to study the theories linked to the positive and negative classification of this fundamental right and, finally, verified what hate speech and fake news are and how these phenomena can limit freedom of expression.