REGULAÇÃO DA MODERAÇÃO DE CONTEÚDO DIGITAL E PRINCIPAIS ESTRATÉGIAS JURÍDICAS BRASILEIRAS: ANÁLISE DO MARCO CIVIL DA INTERNET, DA LEI GERAL DE PROTEÇÃO DE DADOS E DO PROJETO DE LEI N. 2.630/20

Abstract

Although content moderation is not a recent activity, its various digital forms have been increasingly innovative, with benefits but also several impacts and risks, what demands an adequate legal treatment and challenges the regulatory discussions on the subject of content moderation. In this documentary and bibliographic work, the Civil Framework of the Internet (MCI), the General Data Protection Law (LGPD) and the Bill n. 2.630/20 were analyzed, with the observations presented in a comparative table. It was concluded that the three mentioned norms have points in common, such as the strong principled basis; the provision of fundamental guarantees, administrative sanctions and civil and other reparations. Regarding the moderation of digital content, it was found that MCI adopted a binary logic, providing, as a general rule, only the possibility of removal, or not, of the content. The LGPD, although it does not expressly provide for this theme of moderation, brings principles and guarantees that should guide the moderating activity. In turn, PL 2.630/20, although stipulating the need for transparency and due process moderator, did not address the specificities of business models, content flow and consumption on digital platforms. Finally, it is suggested the inclusion in this PL of other intermediate moderating forms, of the other equally legitimate guidelines for the regulation of moderation, as fair competitive practices and cybersecurity and are considered the design elements and different software engineering mechanisms used by digital platforms.