CIVIL LIABILITY OF DIGITAL PLATFORMS IN THE SUPPRESSION OF HATE SPEECH ON THE INTERNET

Abstract

This study analyzes the role of digital platforms in curbing hate speech on the internet and investigates the extent to which these companies may be held civilly liable when they fail to act against illicit content that causes harm to third parties. The central issue lies in determining whether, and to what extent, social networks and hosting services have a legal duty to moderate discriminatory expressions, considering the need to balance freedom of expression with the protection of human dignity. The objectives of the study include identifying the constitutional principles that guide platform conduct, examining the legal framework established by the Brazilian Internet Civil Rights Framework (Marco Civil da Internet), the Civil Code, and relevant case law, and evaluating the criteria that characterize civil liability arising from omissions in content moderation. The research adopts a bibliographical methodology, analyzing legal scholarship, legislation, and decisions from Brazil’s higher courts related to the topic. The findings indicate that, although the Brazilian legal system sets limits on the circulation of hate speech and establishes parameters for liability, interpretative gaps and practical challenges persist in the performance of digital platforms, particularly regarding the effectiveness of reporting and content removal mechanisms. The study concludes that civil liability of platforms depends on the demonstration of unjustified omission and that their role in preventing and suppressing hate speech requires regulatory improvements and greater clarity concerning their obligations, in order to ensure both the protection of personality rights and the preservation of freedom of expression.